By: Hannah Welbourn

Most H-1B nonimmigrant visa petitions require an academic evaluation at some point if the candidate did not attend a U.S. university. Academic Evaluations provide an equivalence for the foreign national’s original foreign credentials. They show that the foreign national represented in the petition has at least the equivalent of a U.S. Bachelor’s degree, a key point of evidence needed to satisfy the Specialty Occupation standard for awarding an H-1B visa.

As H-1B CAP season revs up in one of the tensest political environments to date, your safe bet this year is to go with Park’s EDGE evaluations, which include reference to the AACRAO EDGE database recommended by USCIS. When you reach out to [email protected] to request an Academic Evaluation, be sure to include these the key pieces of information to best protect your petitions against RFE challenges:

 – Proof of graduation. We require official documentation that confirms the applicant has completed their degree. This includes university diplomas, degree certificates, letters from the office of the registrar, and/or official proof of graduation from the institution.

 – Evidence of program duration and coursework. To evaluate the scope of the applicant’s education, we also need official transcripts listing all courses completed and their grades and diploma supplements (if applicable). These documents help the evaluator understand the structure of the program, including its length and academic rigor.

 – Certified translations (if applicable). If the original academic documents are not in English, we require certified English translations. Unofficial or unsigned translations cannot be used for evaluation purposes. Park is happy to provide certified translation services upon request.

 – Desired equivalency. It is helpful to let us know the specific equivalency you are seeking (for example, a Bachelor of Science in Computer Science). We are also able to offer a preliminary review where possible.

In addition, make sure to avoid potential pitfalls to avoid in these documents, including unofficial/unsigned translations or insufficient or incorrect documents (such as documents with expirations dates, nullifying conditions).

Other unacceptable documents include studies that would not qualify as a credential from a regionally accredited institution of higher learning, such as micro credentials like CourseEra certificates, certificates from private skill-training centers and conferences, etc.

Submitting a complete and organized package of these documents will ensure a smooth evaluation process that aligns with USCIS requirements. For more information or to get started, feel free to reach out to our team at [email protected]

Written by: Hannah Welbourn

Last year, we successfully assisted a client securing an L-1A visa for a candidate whose position abroad was based on specialized knowledge of the organization’s propriety tools, processes, and methodologies, but whose U.S. role was classified as personnel manager. Given the change in classification, we developed a tailored strategy to align the expert opinion letter with USCIS requirements and effectively demonstrate the candidate’s managerial qualifications.  

The beneficiary previously held the role of Vice President, Technology at a high-profile finance company’s India location and was applying for an intracompany transfer to Vice President, Technology in the US. While the job title remained the same, their role in the US required personnel management duties. We needed to demonstrate that the US position met the criteria for personnel management despite their previous focus on specialized knowledge at the company in India.  

To do this, we were provided with a detailed job description for both roles, along with a list of the candidate’s knowledge areas specific to the company’s operations in India. One of our experts in the field of business then provided the expert opinion letter. After analyzing the foreign role thoroughly, the letter shifted to the candidate’s managerial responsibilities that they would continue to hold in the US, and we made sure to clearly differentiate between the two roles while demonstrating that the candidate qualified for the intracompany transfer. We also demonstrated how the US role was strategic rather than operational, ensuring that the position aligned with USCIS’s definition of personnel management.  

This case highlighted our ability to navigate complex challenges that can come with specific visa transitions. If your company is facing a similar challenge, we are here to provide the support and guidance needed for a smooth and successful application process.  

By: Hali Francis

For both professional and non-professional positions, print Sunday ads are a required part of the permanent labor certification (PERM) recruitment process. However, meeting this requirement often raises many questions. Below, we’ve compiled some of the most common inquiries, the applicable regulations, and how we at Park Advertising handle these situations.

Do the two Sunday ads have to be consecutive?

While we at Park Advertising typically run Sunday ads on consecutive weeks, this is not a specific regulatory requirement. The regulation states that an advertisement must be placed on two different Sundays in a newspaper of general circulation in the area of intended employment that is most appropriate for the occupation and is likely to attract qualified U.S. workers [20 CFR 656.17(e)(1)(i)(B)(1)].

To ensure compliance and avoid any potential filing issues, we default to running these ads on consecutive Sundays. However, some clients may choose to skip a Sunday if it falls on a holiday, creating a gap between the two ad placements.

Can the same newspaper be used for both Sunday and weekday/local ads?

In some locations, only one newspaper is available, making it the most practical choice for both Sunday and local/weekday ads. While we generally aim to use different newspapers for each, there are cases where this isn’t feasible.

When this occurs, we inform our clients at the quoting stage, allowing them to decide whether to proceed with the same newspaper for both ads or explore alternative recruitment methods such as online trade journals or radio ads.

Some clients choose to use the same newspaper for all print ads due to its strong circulation, cost-effectiveness, or local recognition. We are happy to accommodate client preferences in these matters.

Notably, a past Department of Labor (DOL) denial related to this practice was later vacated:

Matter of Symrise Inc., 2012-PER-00558 (BALCA May 18, 2012), published on AILA InfoNet Doc. No. 12052140 (posted May 21, 2012).
The employer placed Sunday ads and a local ad in The Record. While regulations prohibit placing three ads in a newspaper of general circulation, BALCA determined that when a newspaper qualifies as both a general circulation and local paper, separate ads may count as distinct recruitment activities.

Can a free newspaper be used for two Sunday ads?

Yes, in some cases. While paid newspapers are typically considered the “newspaper of record” for a given location, there are exceptions.

For example, in the San Francisco area, the San Francisco Chronicle is the paper of record, but the free San Francisco Examiner has been successfully used in filings. We default to quoting the Chronicle but accommodate clients who prefer the Examiner for cost-effectiveness.

Can a digital newspaper be used instead of print?

No, digital newspapers do not meet the current PERM advertising requirements. The regulation specifically mandates ads to be placed in a circulating print newspaper.

In some locations where a print Sunday newspaper is unavailable, digital versions are not considered an acceptable substitute under current regulations.

What if there is no Sunday print newspaper?

Not all areas have a print newspaper with a Sunday edition. In such cases, the regulation states that employers may use the edition with the widest circulation in the area of intended employment [20 CFR 656.17(e)(1)(i)(B)(2)].

When no Sunday print option exists, we inform our clients and offer alternatives, such as:

For instance, in Mobile, Alabama, the local Sunday newspaper has gone digital-only. In this case, options include the Sun Herald (a Sunday paper from Biloxi, Mississippi, about 60 miles away) or the highest-circulating weekday paper, Lagniappe Weekly.

Our Commitment to Simplifying PERM Recruitment

At Park Advertising, we strive to make the PERM recruitment process as smooth as possible for our clients. One way we do this is by continuously tracking newspaper availability and regulatory changes, so our clients don’t have to.

As newspaper markets evolve, we remain a trusted resource for up-to-date media information and a reliable partner in managing PERM recruitment advertising.

Need assistance with your recruitment advertising? Contact us at [email protected]  today to learn how we can help.

By: Hailey Sylvander and Hannah Welbourn

Demonstrating extraordinary ability can be tricky — especially when a candidate’s work doesn’t check the exact boxes that USCIS looks for. This is where “comparable evidence” comes into play.

USCIS states that comparable evidence is applicable when the criteria does not align with the candidate’s occupation, while also noting that if their occupation is more industry focused, using comparable evidence in the criterion’s stead is more appropriate. This is especially important for emerging industries in which a more “traditional” category may not apply.

For instance, an applicant may not have ever appeared in a major trade publication or won an internationally recognized award, but they can submit alternative documentation that is similar in nature. Essentially, even if the candidate’s work doesn’t fit exactly into the criteria, it doesn’t mean it is without merit, and it may still be applicable. Park is equipped to tackle these cases and tailor a letter that demonstrates their qualifications.

For example, a client needed an extraordinary ability letter arguing the scholarly articles criterion. However, since the candidate worked in the tech industry rather than academia, Park was able to argue that “trade shows” or conferences were more suitable to a candidate’s career than scholarly articles. We indicated where the candidate had presented his work (in this case, internationally renowned organizations) and then broke down what they presented at each and its significance. Even though the candidate’s work may not have met USCIS’ literal definitions, we were still able to illustrate their extraordinary ability.

While the criteria for extraordinary ability may seem rigid, Park has the experience and expertise to present a strong, persuasive argument when traditional forms of evidence may not be applicable. Our tailored approach allows you to represent your clients’ qualifications in the best light and help them secure approval.

 

By: Shela Ward & Hannah Welbourn

It may come as a surprise that the EB-2 NIW visa applies to more than professionals in technical roles; it can also apply to professionals in the arts. As long as their work benefits the U.S. national interest, and they have met the requirements for the three-prong test, artists of multiple mediums can make a compelling case for an NIW by providing solid evidence of their past contributions and outlining their future plans.

Park is prepared for these unique cases in which an artist could qualify for an NIW by demonstrating how their work will benefit the U.S. on a broader level, particularly in the fields of cultural enrichment or educational advancement. For example, we recently provided an NIW letter for a self-petitioner who had received an RFE regarding the details of their proposed endeavor: to broaden American musicians’ knowledge of Chinese music and promote cross-cultural awareness.

Even without a typical resume showing progressively responsible experience, the candidate’s trajectory was indeed impressive. They had spent most of their career writing albums and soundtracks as well as participating in music competitions as a judge. The candidate proved to be a known expert in the field of Chinese music, and their decades-long career clearly illustrated their dedication to the field, proving that they were well-positioned to advance their proposed endeavor.

Regarding the first prong of the NIW (demonstrating substantial national interest), Park was able to argue that the candidate’s proposed endeavor would promote cross-cultural awareness. The letter included statistics on hate speech and crimes against Chinese Americans in the United States, particularly during the COVID-19 pandemic, and information about the ongoing tensions between China and the U.S. to illustrate the importance of bridging cultural divides. The candidate’s unique endeavor had potential to improve cultural understanding and sow partnership between the two vastly different cultures.

The benefits didn’t stop at cultural enrichment, as the music industry generates significant revenue toward the GDP and supports millions of jobs across the country. Additionally, non-English music streaming is seeing a rise in popularity, while English-language music is seeing a slight decrease. This provides a tangible national benefit from the candidate’s proposed endeavor in the form of increased revenue and music streaming. When an endeavor is broader in nature, it is important to include a measurable benefit to the candidate’s work.

Whether it’s through contributing to cultural enrichment or bridging cultural divides, musicians and other artists can create a compelling case. Park is prepared to help these artists successfully navigate the NIW process and secure the opportunity to continue their careers in the United States.

By: Jeff Wunsch and Angela Ladisla

The Department of Labor periodically requests job ads to be posted using specific media outlets, typically a series of online job boards and trade journals. These cases are referred to as ‘supervised recruitment.’ The DOL provides specific instructions regarding the ad text, the media outlets to be used, and the duration/length of the ads.

Supervised recruitment is more thorough and requires more attention/monitoring than the standard recruitment process. This requires a draft advertisement of the job opportunity submitted to the DOL within 30 days of posting. We say it is crucial that you must be attentive to every detail (especially the requested start date/posting period) and work closely with the Park Project Manager handling the case.

Park will need a copy of the DOL’s instructions to ensure complete compliance can been met. Park can accommodate preferences if the advertisements should start on a specific date or if you need to start the ad postings as soon as possible. Generally speaking, we schedule ads so all screenshots are captured during business/weekdays and so corrections can be made promptly if needed.

Park has experience with a variety of online job boards/trade journals, and we do everything possible to ensure we can set up posts in compliance with the DOL’s instructions. Day 1 screenshots are provided as soon as each post is set up on the day that it goes live to applicants. It is critical that your firm reviews the screenshots the same day to help ensure all details are correct and allow Park to make immediate adjustments when needed. All online posts must have a 30-day duration for supervised recruitment and that includes the first day of posting. Middle screenshots will be taken on the 15th day, and final screenshots will be taken on the 30th day. All screenshots will be provided at the end of the post terms.

Some examples of sites Park has seen the DOL require ads to be posted in are CareerBuilder, Dice, iHireEngineering, Monster, NASPA, and even some job boards hosted by large newspapers such as the Boston Globe. One of the biggest challenges Park has overcome is that some job boards/trade journals are not user friendly, and Park needed to develop a relationship with the vendor to do what was required to comply with the DOL’s instructions.

Some sites we have posted on do not allow online applications to be disabled, even though the text specifies candidates should apply directly to the company through mail or email. When that happened, Park collected all the resumes received after the posting period and sent them to the company contact. Other sites had problems with pulling resumes received, and Park corrected the situation by obtaining an affidavit from the boards/journals attesting to the ad text and the length of time it was posted.

Supervised Recruitment can be challenging for many of our clients, but Park is experienced and professional in handling anything that comes our way.

By: Lauren Ray

Anything that interrupts recruitment can be a headache. Our team does their best to lessen the impact of unexpected situations like SWA outages. Through this post, you’ll get a glimpse of how Park deals with these situations.

What are SWAs?

State Workforce Agency websites are run by each individual state. Job openings are posted and advertised on these platforms. As a part of the PERM process, it is required by the DOL to post on a SWA site for a minimum of 30 days.

What does it mean when a SWA site is down?

When a SWA site goes down, it means that it is inaccessible. Sometimes the site is down for maintenance, other times they’ve gone down due to cyber attacks or other technological issues. Due to this, the Park team is not able to log in to post and/or take screenshots of ads.

How does Park handle these situations?

Park notifies clients as soon as the team realizes that the site will impact case processes. The Park team tries to gather as much information as possible so that clients can make an informed decision. When a site is down for maintenance, there can be a notification ahead of time that the team uses to warn affected clients. Other times, there is no warning, like in the case of the WorkSource outage from Summer 2022 due to a cyber attack at a third party company. In these cases, in addition to reaching out to clients, Park checks the site daily to verify if it is back up. The team also contacts the state agencies for more information. It is important to have the most up-to-date information to communicate with our clients. Once the site is back up and accessible again, Park puts together solutions to present to each client.

What solutions has Park presented to clients?

In recent years, there have been a number of SWA site issues that Park has learned from. There is a general formula to make sure clients get the information they need after a SWA site goes down:

SWA’s that have been posted:

Clients can choose to:

SWA’s that have not been posted:

SWA’s on hold:

SWAs missing the ending screenshot:

If an ad expired during the outage, clients can choose to:

Each situation is unique, so Park adapts as needed. Some examples of how the Park team handled past SWA site situations are below:

Example 1:

The first time Park experienced an extended SWA outage was back in 2022, when a cyber-attack took down many sites like California’s and Texas’. The team reached out to various contacts at SWA sites to get information before it was announced to the general public. Clients also came to Park with both questions and information. At the time, everyone was learning how to deal with the situation together. After a few weeks, when the first sites started to come back up, the team got together to decide the best methods to offer clients to save any SWA ads. Initially, clients were offered options to repost ads for the full duration of the ad or partial duration, depending on the length of time the site was down. Park also asked client to provide any feedback they had so that the team could accommodate any requests.  These requests were used to influence our procedures surrounding future outages.

Example 2:

The New York/Kentucky/New Jersey/Puerto Rico SWA sites went down for an unknown reason back in October 2023, and no one had access to the site for a week and a half. When the sites came back up, every account was required to reset their password to gain access to the site. While Park waited for updated passwords, the team took screenshots from the job seekers view for ads that were still live. Unfortunately, some ads were removed from the site or expired during the outage. Due to this, the team worked with to repost the ads for the missing durations or start over.

Example 3:

The Texas SWA site was down for maintenance in April 2024. Since there was a notification on their site ahead of time, Park was able to prepare in advance. The team was able to make sure most ads did not expire in the middle of the outage. Clients were advised of their options to either extend the ads or wait to post after the outage. Park continued to monitor the situation during the scheduled time frame. As soon as the site was back up, we let clients know and continued on with the ads as normal.

If you’re interested in more information on how Park can make your next recruitment a walk in the Park, reach out to [email protected]

 

By: Rachel von Habsburg

Wage transparency is legislation introduced at the state level to ensure fair practice of sharing employee compensation. Posting salaries and how pay decisions are made ensures workplace equity among potential applicants and current employees. The language required varies from state to state, and Park stays up to date on any new pay transparency laws that are enacted.

California is a great example of a state that currently enforces wage transparency for open job postings to the public. They require that employers with 15 or more employees must include a pay scale for job postings.

Park quality checks all the ad text received by our clients to ensure that they are compliant with these regulations. For example, if Park receives the following ad text:

ABC Inc. seeks a Sr. Engineer in San Francisco, CA. Follow safety rules for all projects; pre-task planning; develop scope of work; prepare estimates, specifications. 50% in-state travel required. Apply online via www.abcapplyjobs.com Ref#5678

Since this advertisement is in the state of California, Park will reach out to confirm whether the salary range needs to be included prior to posting the ads. If this company does indeed employ more than 15 people, we will ask for the salary range and include it in the ad text like this:

ABC Inc. seeks a Sr. Engineer in San Francisco, CA. Follow safety rules for all projects; pre-task planning; develop scope of work; prepare estimates, specifications. 50% in-state travel required. Salary $150,000-$175,000 per year. Apply online via www.abcapplyjobs.com Ref#5678

Some states have regulations specific to the city the ad is to be posted in. For example, Jersey City, NJ requires wage transparency, whereas other cities in the state do not. If Park receives ad text in Hoboken, NJ, we would not have to reach out to verify salary because it is not a statewide requirement.

We have successfully helped our clients traverse advertising in a variety of locations and openly communicate throughout the process to get the best results. If you have any questions or would like a quote, feel free to reach out to [email protected] for your next case.

By: Maddie Carlson

Challenges imposed on H-1B petitions can cause quite a headache, especially when a beneficiary is clearly overqualified to perform the responsibilities of their proffered role. While boasting higher-level graduate studies can be to the benefit of a beneficiary in many cases, the basic verbiage surrounding what they completed their studies in can sometimes be to their detriment. When it comes to fulfilling degree requirements for highly educated beneficiaries, Park has resources tailored to properly represent your client.

With over 20,000 petitions being filed on behalf of beneficiaries with a Master’s degree or higher annually, proving your clients’ ability to fulfill the academic requirements of their offered job roles can become quite tricky. This is especially true when beneficiaries graduated in niche or unique fields that may not be typically listed outright on a company’s degree requirements. This can become quite an obstacle, especially when their inapplicable Bachelor’s degree might have the same degree title as the listed degree requirements. However, without being able to qualify a candidate based on their undergraduate coursework, what should the strategy for your casework look like? Going through Park enables you to present strong arguments demonstrating how your client’s niche or unique Master’s studies are exactly what their petitioning company is looking for.

While graduate studies may often present less coursework on their transcripts, the course of study your client undertook through their own independent studies and dissertations are golden to presenting a strong case for H-1B filing. This is due to the multidisciplinary nature of original research at the graduate level. Regardless of what a beneficiary had studied in their specialized graduate courses, their research will always rely on fundamental knowledge garnered through a Bachelor’s degree. So, while their Bachelor’s degree may not be directly used in this course of action, their graduate studies certainly borrowed from the specialized knowledge obtained through those undergraduate courses – justly showcasing their specialized knowledge in the degrees required for their proffered position. Through careful course mapping of dissertations, theses, and independent research, Park provides a strong dedication to showcasing your client’s specialty knowledge.

Just because your client possesses a specialized graduate-level education does not mean that they are not qualified to take on their proffered position. More often than not, that specialization stems from foundational knowledge found in the broad degree fields often listed by companies.

And where is foundational knowledge put to the test in graduate-level degrees? Through independent coursework and studies. While transcripts for graduate-level degrees may seem lacking, Park takes great pride in finding solutions for the most specialized of candidates during the H-1B challenge season.

By: Abigail Heffner

When Park advises newspapers that an advertisement is ready and approved to run, we send them the approved proof and exact wording of the ad needing to run. We also require that newspaper vendors send us a firm confirmation that the ad has been placed. However, vendor actions are beyond our control, and unfortunately, there are times when an ad runs incorrectly or not at all. This can occur for a few reasons. Sometimes, there is simply human error, and newspaper contacts forget to submit the ad for placement on their end. Other times, there is a separate layout department that makes unapproved changes to make the ad fit on the page.

If the ad didn’t run at all, we ask the vendor to place the ad as soon as possible. If the ad ran incorrectly or with a change, Park will contact you to see how you would like to proceed. Sometimes, the change is small enough that it doesn’t affect the wording and wouldn’t need reran.

For example, Park recently had a newspaper in California run a job code incorrectly. The paper provided a proof with the correct job code of #100 at the time of quote, but the paper printed it as #1009 for the first Sunday run. On Monday morning, we reviewed the etear and saw the discrepancy. We contacted the vendor that same morning. Park had the vendor rerun the ad correctly in their next edition and added a 3rd Sunday run at no additional charge to make up for the incorrect text running the first Sunday. Park knows swift action is needed to keep PERM schedules on course and prevent further delays, so we also advised our client of the issue that same day and provided them with the new run dates.

There are rare occasions where after an error is made on their end, the newspaper becomes unresponsive or unwilling to run the ad correctly. In these situations, we will find another vendor to run the ad. No matter the situation, Park will ensure your ad running correctly is our utmost priority.

In addition to print errors, there are other instances when a change is made or an error is caught on an online advertisement (SWAs, Online Job Boards, Online Trade Journals, or Sunday Online posts). In these cases, we will advise you of the error and ask how you would like to proceed. Most of the time, the decision is to correct the error and restart the posting duration. However, there are times where if the error is minor we can either keep the post as is or correct the change and move on without restarting the post duration.

PERM Advertising relies on the cooperation of a multitude of different vendors, and there are times when issues arise as vendors don’t always understand the many legal requirements. However, Park works for you to ensure that advertisements run as smoothly as possible, even when there are errors made by print and online vendors.

 

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