Category: Expert Letters

Defending Master’s Degree Requirements for H-1B Positions

Posted by: Park Evaluations

By Shela Ward For many H-1B petitions, establishing that a position qualifies as a specialty occupation begins with showing that the role normally requires at least a bachelor’s degree in a directly related field. However, not every position is best supported by a bachelor’s-level requirement. Some roles, like those involving advanced technical expertise or specialized knowledge, might reasonably require a master’s degree or higher. This can also be the case for roles involving greater responsibility or work that builds on the foundational training of an undergraduate degree. When the nature and complexity of a position support a higher educational threshold, clearly documenting why master’s-level training is necessary can help present a stronger, more accurate picture of the position and its requirements to USCIS. ...

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Business Administration Degrees and H-1B Specialty Occupations

Posted by: Park Evaluations

By Shela Ward Business administration is one of the most versatile degrees in the professional world, but that versatility can create challenges when it comes to H-1B petitions. When a position requires a degree in business administration, USCIS may question whether the educational requirement is sufficiently specialized to qualify the role as a specialty occupation. Since business administration programs can encompass finance, accounting, management, analytics, and more, simply identifying “business administration” as an acceptable field of study may not adequately demonstrate the specialized knowledge required for the position. The key becomes providing context that USCIS may otherwise overlook. Namely, how does a business administration education provide the specific academic preparation necessary to perform the offered role? And how does the relevant coursework directly relate to ...

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Using Grants and Venture Capital Awards to Satisfy the Awards Criterion in Extraordinary Ability Petitions

Posted by: Park Evaluations

By Shela Ward When evaluating evidence for the awards criterion in extraordinary ability petitions, folks often focus on traditional honors, such as industry prizes or competition-based awards. However, limiting this analysis to conventional awards overlooks alternative evidence of recognition. For example, competitive grants, research funding, and venture capital investments are alternative forms of recognition that can serve as compelling evidence for extraordinary ability candidates. These accolades are mostly awarded only after a panel of experts rigorously reviews and assess the proposed work’s innovation and potential impact. They often can showcase how a candidate has received nationally or internationally recognized prizes or awards for excellence. By understanding the purpose, selection process, and prestige behind these alternative award types, candidates can present valuable evidence ...

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Navigating Curricular and Optional Practical Training Challenges

Posted by: Park Evaluations

By Madeline Carlson When it comes to Curricular Practical Training (CPT) and Optional Practical Training (OPT) work authorizations, rejections scrutinizing the alignment between a candidate’s academic coursework and their responsibilities held in a CPT/OPT role can create quite an arduous response process. Whether this challenge arises while the candidate is completing their degree or after they’ve finished it, Park’s experts are eager to assist with the evaluation of this common CPT/OPT challenge. With a diverse catalogue of specialties, Park’s team of expert evaluators are equipped to evaluate candidate academic credentials and their alignment with held CPT/OPT positions. Through this service, our experts provide a close evaluation of a candidate’s academic coursework, providing detailed analysis that connects the skills and concepts taught in those courses directly to the knowledge areas required to perform the duties of their CPT/OPT roles. Our letters can cover one or multiple CPT and OPT positions held, ensuring that a candidate’s work and skillset are properly recognized and defended. For example, one of our computer science experts ...

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SOC Justification Letters: Strengthening Prevailing Wage Responses in the Weighted Lottery Era 

Posted by: Park Evaluations

By Nikki Ummel SOC justification letters can serve as strategic tools when preparing or responding to prevailing wage determination challenges, particularly in cases where the position classification may affect a role’s assigned wage level. With the implementation of the H-1B weighted selection process, the accuracy of the Standard Occupational Classification, or SOC, code has become even more important. Since wage levels are tied to the relevant SOC codes and area of intended employment, selecting and defending the proper occupational classification can have a meaningful effect on how a case is evaluated. At Park, we work with expert evaluators to draft SOC justification letters that explain why a particular occupational classification most accurately reflects the position at issue. Our letters review and outline ...

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Defending Scholarly Authorship in RFE Responses

Posted by: Park Evaluations

By Amy Fredrickson With the increase in RFE and NOID responses to extraordinary ability petitions, Park and our clients are more frequently encountering pushback to the “authorship of scholarly articles” criterion, such as: The evidence submitted does not qualify as “scholarly”; Using comparable evidence for this criterion is inappropriate in the context of the field. Park’s experts are helping clients navigate responses to these arguments from USCIS. Our professors leverage their understanding of the unique dynamics within their fields to explain why the evidence submitted can be categorized as scholarly and/or why it is appropriate to use comparable evidence for this criterion. For example, in a recent case written by one of Park’s business experts, we helped a client respond to an RFE argument that stated using comparable evidence for the authorship criterion was not appropriate in the context of Marketing and Business Analytics. To respond, our expert outlined the unique attributes of business and marketing disciplines and established that presenting at industry events is an acceptable and necessary application of comparable evidence for scholarly authorship. In another recent ...

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Crafting Expert Opinion Letters for Elite Level Athletes: O-1A Visas 

Posted by: Park Evaluations

By: Shela Ward Securing O1-A visas for elite-level athletes demands crafting clear and strategic narratives that effectively translate their performance into legally persuasive evidence of extraordinary ability. These cases often hinge on how competitive results, rankings, media coverage, and expert opinions are framed against the regulatory criteria.   An expert opinion letter can be decisive in an O1-A petition for athletes, as it can work to translate raw athletic achievement into industry-recognized significance. A well-crafted letter from a credible authority can contextualize rankings and explain the competitiveness of various athletic events. Additionally, experts can provide insight into why athletes’ accomplishments rise to the level of extraordinary ability.  The value of an expert opinion letter lies in its specificity and alignment. At Park, our experts craft letters that are carefully aligned with the relevant regulatory criteria, using concrete comparisons to top ...

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The TN Visa: Requirements and Challenges

Posted by: Park Evaluations

The TN nonimmigrant classification allows qualified Canadian citizens to seek temporary entry into the US to engage in professional-level business activities. Most TN categories require a bachelor's degree, professional degree, or professional license. For TN purposes, a "postsecondary certificate or diploma" must equate to at least two years of undergraduate coursework, meaning a one-year Ontario college certificate or a two-year CEGEP DEC alone would not meet the threshold. USCIS scrutiny of TN petitions typically falls into two categories: whether the right TN classification has been chosen (the duties of the position must align with the USMCA professional category claimed) or whether the candidate is qualified for that category (based on their academic credentials and relevant work experience). How Park Can Help  Park offers 3 distinct types of expert letters in support of TN petitions, each tailored to the specific challenge at hand: ...

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Final Merits Challenges and NOIDs: How Park’s Expert Letters Can Help

Posted by: Park Evaluations

By Amy Fredrickson In this challenging immigration climate, firms are increasingly navigating Notice of Intent to Deny (NOID) decisions from USCIS in response to extraordinary ability and outstanding researcher visa petitions. Many of these decisions acknowledge satisfaction of the basic evidentiary criteria but challenge cases based on the second phase of the adjudication process: the final merits review. Park’s experts help firms respond to these final merits challenges through various techniques. For instance, we offer in-depth expert letters that contextualize why evidence is of sufficient quality to distinguish a beneficiary from those who may only meet the literal definition of the extraordinary ability criteria. In a recent case, our expert used his background in academia to explain a candidate’s impressive publication record. By ...

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Maximize Approval Chances by Using Work Experience Evaluations for E-3 Visa Petitions

Posted by: Park Evaluations

When preparing E-3 visa petitions, work experience evaluations (WEVs) are great strategic tools in cases where a candidate’s academic credentials do not neatly align with specialty occupation requirements. At Park, we work with expert evaluators to draft WEVs that bridge the gap between formal education and the degree standard. These assessments can support a persuasive argument that candidates meet the qualifications under E-3 criteria. Incorporating WEVs into E-3 petitions can make a meaningful difference in the outcome for candidates. For example, since three-year degrees are so common in Australia, as opposed to four-year degrees in the US, WEVs use work experience to fill in for the missing year, allowing candidates to achieve the requisite Bachelor’s equivalency. Park’s experts recently worked with a candidate ...

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