Successfully shifting from L-1B to L-1A: Navigating the Shift from Specialized Knowledge to Personnel Management

Posted by: Park Evaluations

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 ...

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Navigating Print Sunday Ads for PERM Recruitment: Common Questions and Best Practices

Posted by: Park Evaluations | in , ,

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 ...

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Navigating EB-1A Challenges: How You Can Leverage Comparable Evidence

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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 ...

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Unlocking the NIW Path: How Artists in Unique Fields Can Qualify

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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 ...

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Supervised Recruitment

Posted by: Park Evaluations

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 ...

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SWA Site Outages

Posted by: Park Evaluations

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 ...

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Wage Transparency Information for States that Require Salary in Ad Texts

Posted by: Park Evaluations

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, ...

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Overcoming H-1B Challenges for Highly Educated Beneficiaries: How Specialized Graduate Studies Can Strengthen Your Case

Posted by: Park Evaluations | in ,

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 ...

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