Category: Evaluations

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

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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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Extraordinary Ability Evidence Not So Extraordinary?

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Written by: Hailey Sylvander Have you ever had a time when you believed your client exhibited extraordinary ability, but the evidence just wasn’t quite there? Maybe the evidence just did not match up perfectly with what USCIS is typically looking for, or maybe you had minimal evidence that needed to be used for more than one criterion… If so, how do you handle this? Park Evaluations recently handled an O-1A letter in the field of equity research that dealt with this very problem. The petitioner wanted the following criteria to be discussed: original contributions, leading or critical role; authorship of scholarly articles; published material about the candidate; membership; and salary. However, some ...

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Understanding “Research Only” Ph.D. Programs: A Closer Look

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By: Howard Borenstein I would like to devote this blog post to discussing the “research only” Ph.D. programs. The impetus for this is that over the past month, we have received two RFE’s specifically on Greek Ph.D. programs claiming that a Ph.D. from Greece was not equivalent to a Ph.D. in the US. This is despite the fact that Greece only offers research-based and not classroom-based Ph.D. programs. AACRAO EDGE is clear that the Ph.D. degree from Greece is indeed equivalent to an earned doctorate in the United States. The nature of the challenges I have seen, in my opinion, reveals USCIS’ specific understanding of higher education. Namely, that a bachelor’s ...

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Credential Evaluation Update: Equivalency Changes to Indian MCA Degrees

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By: Howard Borenstein In a 2020 development, India’s University Grants Commission approved a change in duration for the Indian Master of Computer Applications (MCA) degree— the MCA was shortened to a two-year program. This update is significant as students have now completed and are graduating from this new program. Formerly spanning three years of study, the program has transitioned to a two-year structure, starting with the class of 2020-21. The All India Council of Technical Education (AICTE) stated the decision was prompted by a decrease in enrollment of students coming from backgrounds not related to Computer Science, such as Physics, Mathematics, and Chemistry. When the program was first introduced in ...

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Attorney Spotlight: Nancy Shalhub of Ogletree Deakins

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By Ryan Mernin Ryan recently caught up with Nancy Shalhub of Ogletree Deakins to discuss the relatively new H-1B lottery and other potential immigration policy changes. This entry in our Attorney Spotlight series continues our focus on emerging challenges and changes in the business immigration world. Q: What visas does your firm typically handle? Nancy: Ogletree Deakins has one of the nation’s largest business immigration practices, providing premier immigration services for nearly 28 years. Our largest corporate immigration clients are Fortune ...

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Attorney Spotlight: Shai Dayan

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Our very own Emily Grant sat down with Shai Dayan, Senior Counsel at Gibney, Anthony & Flaherty, LLP, for our latest Attorney Spotlight Series.Thank you Shai for sharing your astute thoughts and predictions on where our business immigration industry is heading!

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

  By Maddie Carlson  What is a National Interest Waiver and how can you get one? As one might expect from the name alone, having an offer of employment is typically required for individuals seeking an EB-2 employment-based, second preference visa. But in certain cases, a candidate may want to waive the employment requirement and labor certification portion of the EB-2 petition process. This commonly occurs when an applicant displays expertise in their industry and is seeking work that would benefit the United States. In these cases, the candidate may qualify for a National Interest Waiver (NIW) that would remove the need for a pre-established employment offer. However, pursuing a National Interest Waiver does add to the petitioner’s burden of proof. In addition ...

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The O-1: Eight Ways to Identify Extraordinary Ability

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By Maddie Carlson When a beneficiary’s innovations have been recognized either nationally or internationally, an O-1 visa may be the ideal application process for highlighting their importance to their field. An O-1, or Extraordinary Ability or Achievement letter, focuses on up to eight different criteria that demonstrate an individual’s excellence in their career. The O-1A details a beneficiary’s excellence in the sciences, arts, education, business, or athletics. This visa can also be further specified as an O-1B, which focuses on individuals with extraordinary ability and achievement in the motion picture or television industry. Forming an O-1 application requires enough evidence to build a case that the beneficiary is indeed hard to come by ...

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TN Visas 101: What They Are and How Park Evaluations Can Help

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By Madison McKenzie   What is a TN visa?   The TN visa is a special classification issued under the United-States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2020. Under this classification, citizens of Mexico or Canada can fill certain specialty occupations—listed under the approved list of USMCA professions—in the United States for an initial period of three years.     What eligibility requirements must be met to file a TN visa?   As outlined by USCIS, an applicant is eligible for a TN visa if they meet the following criteria:   The applicant must be a citizen of Mexico or Canada. The applicant must have a pre-arranged job offer in the United States. The proffered position in the United States must qualify as ...

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