Category: News

Recruitment Requirements for PERM: Professional vs. Non-Professional

Posted by: Park Evaluations

By: Samantha Collins The Department of Labor and the PERM process have distinct recruitment requirements for professional and non-professional job positions, primarily based on educational criteria. Professional Jobs:These roles require at least a Bachelor's degree and involve a more comprehensive recruitment process compared to non-professional positions. Required Advertising: Newspaper Ads:Place ads on two different Sundays in a widely circulated newspaper within the area of intended employment. The publication should be suitable for reaching qualified U.S. workers for the specific occupation. For rural areas without a Sunday edition, use the newspaper with the widest circulation in that region.

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

Posted by: Park Evaluations

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

Posted by: Park Evaluations

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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Park Translations Providing Support for Pro Bono Afghan Asylum Petitions

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By: Annika Minton When the United States military withdrew its troops from Afghanistan in August of 2021, thousands of Afghan civilians were left seeking asylum in the U.S. Around 5,000 Afghan asylum-seekers arrived in the states in September of 2021, hoping for a smooth, quick approval process—unfortunately, the wait time for a response on an asylum-seeker’s claim is between two to six years. Some law firms took this opportunity to help these Afghans in need and are continuing their pro bono work to help them fill out their EAD (employee authorization documents) extensions and TPS (Temporary Protected Status) applications, which would allow them to continue to work in the United States while waiting for their ...

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EB-5 Visas Still Not Being Processed: Why This is Problematic

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By: Annika Minton The United States EB-5 visa was created in 1990 to provide a method for foreign investors (and their spouses and unmarried children under 21) to obtain a U.S. visa by investing capital with the goal of financing a business that will employ at least 10 American workers.[1] The US government allocates 10,000 of these visas per year. This particular program has not been renewed since June 2021, when a federal judge struck down the 2019 EB-5 “modernization” regulation, the goal of which was to increase the investment threshold from $500,000 to $900,000 in targeted employment areas (a rural area or an area with high unemployment). This has left many people wondering what the future looks like ...

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Vaccine Mandates Restrict P-1A Athletes in the NBA

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By: Maddie Carlson As of early December, a memo issued by the National Basketball Association (“NBA”)  revealed that any unvaccinated athlete who possesses a temporary visa status will not be allowed to reenter the United States following international travel. This statement primarily pertains to those with the P-1A Athlete visa classification, which allows athletes to compete in the United States temporarily. Concurrently, the Canadian government also announced that non-vaccinated NBA athletes are now not allowed to enter the country to participate in competitions against their Toronto team. Both announcements threaten the legal status of U.S. athletes who have planned, and are expected to, participate in any upcoming basketball competitions in Toronto. Many NBA Athletes are eligible for the P-1A visa based ...

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Visa Extensions Granted for L-2 and H-4 Holders

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By: Annika Minton Spouses of L-1 and H-1B visa holders recently  got some good news. A US court decision is granting L-2 and H-4 visa holders an extension of their work authorization, lengthening the amount of time spouses can remain in the United States on work visas. L-2 visa holders will receive a 180-day auto extension of their work authorization (or an I-94 expiration date, whichever is shorter); and all H-4 visa holders will get extensions of their H-4 employment authorization document (EAD) until the expiration of their I-94s, or 180 days from the expiration of the prior EAD, whichever comes first. L-2 visa holders will get the extension automatically without applying for it, but H-4 visa holders are still required ...

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Business Immigration Today: Chris Thorn’s Perspective

Posted by: Park Evaluations

By Kelsi Swenson It’s no surprise that the business immigration sphere, in addition to the rest of the world, experienced some arduous and unprecedented moments over the past couple of years. The coronavirus pandemic coupled with the former presidential administration created a seemingly impenetrable barrier for visa seekers. However, despite a largely dismal 2020, there were small victories against USCIS—from overturning IFRs to refining the definition of specialty occupation, it seems the path to more flexible business immigration regulations is not as inaccessible as believed. For all the changes happening over the past two years, the future of business immigration is certainly malleable, but also opaque. There are still numerous processing delays, waiting lists, and outdated regulations needing to ...

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Judge Rules Acting DHS Secretary’s Appointment Unlawful

Posted by: Park Evaluations

By: Rachel Horner In New York, a U.S. federal judge has blocked DHS secretary Chad Wolf from restructuring DACA permits. Justice Garaufis ruled that Wolf’s promotion to the position of secretary was unlawful; therefore, Wolf’s decision to reduce the validity of DACA permits, as well as to reject new DACA applications, is beyond the scope of his power.   Chad Wolf proposed multiple restrictions to the DACA program that would significantly harm its recipient by reducing work authorization and protection from deportation from two years to one. He also stated that those who submitted new DACA applications would not be accepted ...

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The Future of the Work Visa Under Biden’s Presidency

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By: Rachel Horner Joe Biden has a long list of pressing issues awaiting him once he is inaugurated as the 46th President. For the immigrants affected by the Trump Administration’s policies on work visas, there’s hope that immigration is towards the top of that list. While the Trump Administration has made attempts to restrict who can enter the country by revising America’s immigration system, the H-1B program became a larger target after the pandemic began to affect the United States. In June 2020, Trump issued Proclamation 10052, which suspended H-1B visas from being issued. Soon after, with the sharp decrease in immigration , USCIS almost furloughed a significant portion of their employees. However, a judge in California ...

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