Category: RFE

Why Transcripts Matter in Academic Evaluations

Posted by: Park Evaluations

By Howard Borenstein As a credential evaluator, I occasionally receive this very reasonable question from our clients: If a diploma clearly states someone earned a degree, and that degree is widely recognized as equivalent to a U.S. credential, why is it necessary for Park to also review the individual’s transcripts?   In my experience, there are two primary reasons. The first reason is based on my nearly twenty-five years of experience as a Senior Credential Evaluator. During this time, I’ve reviewed thousands of RFEs and have been called upon to defend my equivalency determinations to USCIS on numerous occasions. One trend has become clear: USCIS has increasingly emphasized the importance of reviewing and providing complete academic documentation, including transcripts, as part of the immigration process. Sometimes, the request is simply for completeness, requiring applicants to submit their entire academic record, ...

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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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How Patents Can Support the Original Contributions Criterion for Extraordinary Ability Visas (0-1 and EB-1)

Posted by: Park Evaluations

By Amy F Ever encounter RFEs that challenge the use of patents as evidence for the original contributions of major significance criterion in Extraordinary Ability visas? In Park’s experience, these patent-specific challenges usually argue one or more of the following: Since the patent is assigned to a company, it cannot be clearly associated with the beneficiary’s work. Because the candidate is one of several inventors listed, it is not clear that their work constitutes a meaningful contribution. There is no evidence that the patented system, methodology, or technology has garnered industry attention or been used in the field. Addressing these arguments can be tricky, but Park’s industry experts can help. Our experts have detailed experience in responding to all three of the above challenges typically raised by USCIS. In a recent case, Park’s engineering experts reviewed the citations that a beneficiary’s patent had received. Our expert ...

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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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