Tag: specialty occupation

What a Premium Position Letter From Park Evaluation Can Do For Your H1B Petition

Posted by: Park Evaluations | in Business Immigration, H1B, premium, specialty occupation, visa

By Patrick Boody   While the positional analyses Park Evaluations and our team of professors, together, provide are well-equipped to make the argument that a job offered by a client organization is a specialty occupation as defined by USCIS, the premium position evaluation, alternatively, can further this argument to a degree of thoroughness and detail otherwise unattainable in our standard service. Before talking about what our premium letters entail, let us define again USCIS’s concept of specialty occupation. Accordingly, USCIS considers a position to be a specialty occupation if it requires a) a bachelor’s degree, its foreign equivalent or a degree higher than a bachelor’s; b) the degree the position requires is comparable to ...

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CASE STUDY: Is “Business Administration” Too General for Specialty Occupation?

Posted by: Park Evaluations | in Business Administration, Case Studies, RFE, Specialized Knowledge, specialty occupation, USCIS

By: Mark Anthony Rogers If you’re an immigration attorney or a petitioner seeking an H-1B visa, the degree requirement of a Bachelor’s in Business Administration can be a real headache. You know that even though the position is a specialty occupation, the term “Business Administration” is an obstacle, that it’s sometimes seen as “too general” by USCIS. You might be tempted to avoid the term “Business Administration” altogether when filing for fear of USCIS challenging the specialty nature of the position. The Challenge Park has handled this problem before. In this case, the RFE challenged read as follows: “The OOH does not indicate that Finance Manager positions normally require a minimum of a bachelor’s degree in a specific specialty. ...

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How do I prevent or answer a USCIS “First-Hand Knowledge” RFE?

Posted by: Park Evaluations | in expert opinion letter, first-hand knowledge, RFE, specialty occupation

The changing tides of immigration laws have brought with them a host of new requirements for the H-1B Visa application process. What’s more, as is almost always the case with new requirements, they have provided immigration authorities with new opportunities for objections and denials. First-Hand Knowledge Issue The objection is this: USCIS has been challenging how the expert writing the opinion letter gained his or her knowledge about a given position, knowledge leading to the conclusion that the position does qualify as a Specialty Occupation. USCIS believes “the [expert] reached this conclusion by relying on [the organization’s] description of the position rather than any specific study of the position at [the] organization” and wants to see evidence that “the [expert] visited ...

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