Category: H-1B

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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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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Wage Level Justification Letters in the Weighted Lottery Era

Posted by: Park Evaluations

By Nikki Ummel As the weighted lottery reshapes H-1B filing strategy, Park has continued to see an increase in petitions submitted at Level III and Level IV wages. This shift may result in a corresponding uptick in scrutiny from USCIS, particularly in cases where the record does not clearly support the level of independence, complexity, and organizational responsibility associated with higher wage designations. Challenges are more likely to occur if the job description reads as operational or execution-focused, or if the minimum requirements do not clearly reflect advanced responsibility. Adjudicators then may question whether the proffered wage level is appropriate. In these cases, Wage Level Justification Letters have become an increasingly important tool, both as a proactive measure and as part of a ...

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Translating Hijri and Non-Gregorian Dates at Park

Posted by: Park Evaluations

By Becca Matson  Date accuracy matters in immigration filings. Birth certificates, educational diplomas, and employment records all form the foundation of a petition. When dates on these documents are altered or reformatted during translation, risks emerge. USCIS regulations require that translations be "accurate and complete." Therefore, translations must reflect what is written in the original document, including how dates are formatted and presented.  When translating documents from countries that use the Islamic Hijri calendar, including Saudi Arabia, much of the Gulf region, and various Muslim-majority nations, translation vendors face a critical challenge: how to handle dates that don't conform to the Gregorian calendar system used as the US standard.  While some translation services may take shortcuts (i.e. converting Hijri dates to approximate Gregorian equivalents or reformatting dates to match U.S. conventions), the Park team takes a more detailed approach to accurately reflect source ...

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Park’s Four Essential Steps for Handling Imperfect Immigration Documents

Posted by: Park Evaluations

By Becca Matson  Identify issues early  Immigration filings frequently include documents that are partially illegible, handwritten, stamped, or damaged. Birth certificates may be decades old and faded. Other documents might bear handwritten annotations. How a translation vendor handles these imperfections can have a significant impact on the record’s integrity and the case’s success.  Park’s process begins with identifying every portion of text that is faint, blurred, obscured, or otherwise questionable. Instead of pushing forward with assumptions, we surface these issues upfront, so attorneys can see exactly where the document may pose challenges.  Translate without guessing Park never reconstructs, interprets, or “fills in” unclear content. If a portion of the source document is illegible or unreadable, we note it in the translation. ...

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