Category: Immigration

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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New SWA Platforms: Kentucky, Minnesota, and New Jersey

Posted by: Park Evaluations

By: Tais Araujo and Bruno Nascimento Quick Highlights: Kentucky, Minnesota, and New Jersey have all moved to a new shared SWA platform powered by the National Labor Exchange (NLx). Minnesota's old system will stop accepting postings on June 5, 2026. Existing postings do not transfer automatically, and new postings now go through a 1 to 2 business day review before going live. Each account is tied to a single contact, and third-party agent access is required to manage multiple employers. Multi-factor authentication is now required in Minnesota and available in Kentucky and New Jersey.   Part of Park Advertising's job is to track State Workforce Agency (SWA) changes, so you are never caught off guard. Right now, there is a development worth ...

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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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Evaluation Spotlight: Understanding the Canadian Education System

Posted by: Park Evaluations

By: Mai Bui With no centralized or “federal” ministry of education, Canada technically has systems of education: 10 provinces and 3 territories autonomously govern their own education with separate jurisdictional authority. The Council of Ministers of Education is an intragovernmental body that only serves to facilitate coordination of policies among provinces. Canada’s conventional universities are similar to the US. Generally, students from all provinces (except Quebec) enroll in university following secondary school. However, in Quebec, college-bound students must complete 2-year CEGEP to enter universities. The Quebec Exception  Canada’s education landscape is defined by its provincial diversity, split between Anglophone and Francophone systems. Anglophone Canada—like Ontario—mirrors the U.S. model, requiring 12 years of secondary education before university. Conversely, Quebec’s Francophone system follows an "11+2" structure: ...

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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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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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What is a Veteran’s Hold, and Why Does it Exist? 

Posted by: Park Evaluations

By: Tais Vilela Ribeiro Quinhones  As Park Advertising continuously monitors updates from State Workforce Agencies (SWAs) across the country, we aim to keep our clients informed about policies that may influence recruitment timelines and compliance processes. One practice that often raises questions is the Veteran’s Hold on SWA job postings.   A Veteran’s Hold is a temporary period, typically lasting between 24 and 72 hours, where a newly posted job is visible only to eligible veterans before it becomes available to the public. This early access allows veterans to view and apply for positions before other job seekers. Veteran’s Holds are connected to the concept of “Priority of Service,” meaning that veterans receive access to employment services earlier than others.  Although priority of service for veterans is federally required, veteran job hold policies are determined at the state level, since there is no federal mandate requiring states to place a ...

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