Category: H-1B

Specialty Expert Letters for Hospitality Industry Professionals

Posted by: Park Evaluations

By Nikki Ummel The hospitality industry encompasses far more than hotels and restaurants. Professionals in the field may specialize in resort operations, tourism development, food and beverage management, guest experience, real estate development, sustainability, marketing, workforce management, or even the design and construction of hospitality properties. For immigration attorneys, this breadth can make it difficult to present a candidate’s expertise within a clearly defined specialty. This is where the right expert can help. An expert opinion letter can provide USCIS with the industry-specific context necessary to understand both the specialized nature of a hospitality professional’s work and the significance of their accomplishments. At Park, we work with experts whose academic and professional backgrounds allow them to evaluate hospitality careers within the context of a candidate's particular expertise. Recently, one ...

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Why do Credential Evaluators Need the Original Documents, even if you have Translations?

Posted by: Park Evaluations

By Howard Borenstein Our credential evaluators at Park often ask applicants to provide documents in the original language, even if they have already provided certified translations. This naturally raises the question: Why are translations alone insufficient? Why do we need the originals as well? There are several reasons. First, translations can contain errors. This does not necessarily mean that the translator did a poor job. Translation is difficult, and even a careful human translation can contain mistakes, since words and phrases do not always have exact equivalents in other languages. Context, culture, and the way a particular language is used all matter. If a translator uses AI / machine learning as part of their translation process, this can sometimes compound the problem. Due to this, we cannot simply assume that a translation is a ...

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Understanding Mexico’s Academic Terms and Why Calendars Matter

Posted by: Park Evaluations

By Mai Bui At Park Evaluations, the Licenciatura and Ingeniería are among the most frequent undergraduate credentials we evaluate for Mexico. Although both represent university-level study, determining their U.S. equivalency requires a closer look at the program itself, particularly its length and how the academic year is structured. Understanding the Academic Calendar Mexican transcripts and study plans (plan de estudios) frequently describe programs in terms of academic periods, rather than simply stating the number of years required for completion. Semestre: An academic year divided into two principal instructional periods. A program consisting of eight semesters, for example, normally represents four academic years. Cuatrimestre: A four-month academic period. Institutions operating continuously on a cuatrimestre calendar typically accommodate three academic terms per year without summer or winter breaks. Tetramestre: May ...

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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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Overcoming USCIS Scrutiny of Engineering Degrees in H-1B Petitions

Posted by: Park Evaluations

By Shela Ward A common issue we see in H-1B RFEs arises in specialty occupation cases in which the candidate’s qualifying degree is described simply as “engineering.” USCIS frequently views a broad engineering degree requirement as evidence that the position does not require a sufficiently specialized body of knowledge. If a role can be filled by graduates from numerous engineering disciplines, USCIS may conclude that the position lacks the degree specificity required for H-1B classification. Therefore, the burden of establishing how any engineering degree provides highly specialized knowledge directly related to the job duties falls squarely on the petitioner. At Park, our experts have developed several strategies for overcoming this regulatory hurdle by carefully defining the relationship between the position offered and ...

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Establishing the Suitability of Alternate Prevailing Wage Data in H-1B Petitions

Posted by: Park Evaluations

By Nikki Ummel In the new H-1B weighted lottery system, more nuanced wage-related issues have triggered H-1B RFEs. We’ve seen a huge culprit of RFEs occur because a petitioner relied on an alternate prevailing wage source, including a private compensation survey, to establish the prevailing wage. Although USCIS may recognize the survey itself as an independent authoritative source, they can still question whether the occupation and professional level selected within that survey appropriately correspond to the requirements of the proffered position. In these cases, the petitioner may be asked to demonstrate not simply that the wage source is reliable, but that the particular occupational classification and level used to determine the prevailing wage accurately reflect the work being performed. At Park, our experts can address this issue through an ...

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The False Master’s Degree: Four Foreign Educational Credentials that are Master’s in Name Only

Posted by: Park Evaluations

By Mai Bui  Have you ever encountered a translated foreign degree that says “Master” or “MBA” right front and center, but then turned out to be unusable for filing? The cross-border assessment of higher education requires more than a simple linguistic translation of degree titles. We often encounter “Master” titles that imply a level of postgraduate research that is actually misleading. Here are four common “false Master’s” and their actual equivalencies. The Brazilian Pós-Graduação Lato Sensu In Brazil, graduate education bifurcates into stricto sensu (traditional Master’s and Doctorate degrees), designed for deepening research, and lato sensu programs, which are specialized, professionalizing courses leading to postgraduate certificates, rather than full academic degrees. The False Impression: Because the certificate bears the nomenclature “Master” or “MBA” on the certificates, it is often presumed to be a comprehensive graduate degree with U.S. Master’s equivalency. The Reality: These are primarily continuing education courses designed for professional ...

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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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