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Greg Siskind on Immigration Law and Policy

Dumb RFE of the Day: USCIS Demands Proof a Physician Needs a College Degree

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I'm going to start posting these to hopefully shame USCIS in to better training examiners and getting rid of those who simply aren't up to the job. Here's one for an H-1B filed for a primary care physician. We submitted all of the expected documentation including the medical license, medical degree, board certifications, ECFMG equivalency certificate, etc. We didn't think we needed to prove that a physician actually requires a college degree, but apparently this was not obvious to the examiner.


Fellow lawyers and others who want to share are welcome to send me redacted RFEs and denials that have to be seen to be believed.


 



USCIS MD RFE

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Comments

  1. Backlogged's Avatar
    What a joke.Maybe it should be forwarded to the honorable Mr.Mayorkas on their overzealous RFE/English non comprehension. Perhaps even include a translation in Spanish, since clearly USCIS doesn't seem to utilize the exorbitant price they charge for each H1 application.
  2. George Chell's Avatar
    You do not know how incompetent the federal employees are...many of them anyway. This is really nothing compared to what went on at the BLS in August. Serious calculation errors, failure to do simple arithmetic resulted in the first jobs created release on September 2 as 17,000 in the private sector. After the errors were discovered they found out that 170,000 private sector jobs were created. I am not sure training will ever help some of these people. If there is one poster boy as to why we need more skilled immigration, it is the employees of the US government. This examiner is the poster boy for why we need more skilled immigration, not less! Do you want these guys to be retrained as doctors and operating on you? Would you trust your life with these guys? I would not. Would you want these guys to be engineers at Boeing and would you try and take a flight knowing someone like this examiner was the chief engineer? I would not. No wonder corporations move jobs abroad. It is sheer arrogance and stupidity for people like Grassley, Sanders and Durbin to think that if they kick out a foreigner the job goes to an American. May be as a football coach, but definitely not when someone's very life is at stake. The corporations dont want to get sued...they dont want a situation similar to the one where the NASA engineers did not know their basic engineering that when a foam hits the side of the space shuttle, it is likely to break up...corporations simply cannot take that kind of risk with incompetent people. They will be out of luck and out of business.
  3. Sam's Avatar
    Experts please reply:

    Are USCIS examiners supposed to go with the Educational evaluation done by an external agency or they can throw out the educational evaluation and interpret the degree as per their wish? Is the answer is yes, are they (the USCIS examiners) trained in evaluating foregin degrees?
  4. SG's Avatar
    Thanks God he/she didn't ask for his high school marksheet, kindergarten results, or the physicians' score in Music or fine arts while evaluating the application. On a serious note, aren't there a set of written guidelines of documents that they are supposed to check? Unless they cannot read or understand that as well, God save us; there is nothing we can do in that case.
  5. Nurse Waiting's Avatar
    "This is really nothing compared to what went on at the BLS in August. Serious calculation errors, failure to do simple arithmetic resulted in the first jobs created release on September 2 as 17,000 in the private sector. After the errors were discovered they found out that 170,000 private sector jobs were created. I am not sure training will ever help some of these people."

    I think these workers are really really smart to fudge the numbers in broad daylight and favor certain stock players. I hope someone is investigating the players who made money on these so called "errors". But then again nobody did anything about the players who were really really smart to give AAA ratings to trashy loans and sell all over the world (and to seniors, pension funds, etc etc). Did anyone go to jail for scamming the world? And we still give such huge importance to ratings by the same agencies. Sometimes I really wonder on who is responsible for dumbing down of people, politicians or Kardashians? It may seem that both are playing the reality show but everyone knows how scripted it is!
  6. Nurse Waiting's Avatar
    "This examiner is the poster boy for why we need more skilled immigration, not less!"

    One thing I noticed about government workers is that they are really apt at keeping their jobs safe. I think this rfe is a result of saving their job and generating more work. USCIS should outsource this work to private companies and you will see miracles overnight.
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