Three Ways an Expert Interview can Combat Your RFE Challenge
By: Rachel Horner
Additional Reporting By: Kelsi Swenson
Receiving an RFE in the mail challenging anything from specialty occupation, to beneficiary qualifications, to firsthand knowledge, to all three at once is not only frustrating, but it requires a strong and complete response. In recent years, Park interviews and virtual visits have provided a platform for experts, managers, candidates, and lawyers to connect with one another and dive deeper into each case; individualizing and solidifying the expert’s opinion. Supplementing an RFE Response with evidence gathered from a Park interview or virtual visit can improve the expert’s argument when addressing the following challenges from USCIS:
“There is no evidence that the professor/expert knew any more about the specific duties of the position than what you provided.”
Park’s Interviews and Virtual Visits address this challenge by affording the expert a chance to discuss the position in more depth with a manager or supervisor. The expert will ask questions that cover the position from both broad and granular angles, therefore ensuring all areas are covered, above and beyond the analysis the expert can provide solely from relying on documents. By situating the proffered position within the petitioner’s overall business operations establishes each role’s importance in everyday functions.
“There is no indication that the professor/expert visited your business, observed your employees, interviewed them about the nature of their work, or documented the knowledge that they apply on the job.”
Park’s Virtual Visit is perfect for this challenge. Park’s Virtual Visits not only allow the expert to gain firsthand knowledge about the company, its functions, the position and how it fits into the overall operations, but also allow the expert to speak with managers, colleagues, and candidates. Park’s Virtual Visit also includes a tour of the company’s facilities, allowing the expert to conceptualize a day in the life of the company’s employees. The evidence gathered during these visits shows an intimate understanding of a company, its operations, and the impact the proffered role. Because the experts witness the operations and functions firsthand, they can verify a position’s legitimacy and importance.
“The professor’s/expert’s opinion is not supported by copies or citations of research material that may have been used to conclude that the duties of the proffered position are so specialized and complex that the knowledge required to perform these duties requires the attainment of a minimum of a bachelor’s degree in …”
This RFE challenge—a newer obstacle that petitioner’s face—calls into question the validity of an expert’s knowledge and opinion. Now, USCIS has proposed that even investigations and tours of the petitioner’s business does not suffice as adequate expert testimony. Park’s Interview and Virtual Visit services tackle this challenge by enabling an expert to, in addition to speaking with the petitioning company, undertake investigatory research of the petitioner’s business, utilizing a variety of reputable, recognizable sources. The expert’s additional research focuses on industry standards and trends, as well as the critical nature of hiring appropriately equipped individuals. The additional evidence garnered through the expert’s research attacks USCIS’ potential challenges from every possible angle by showcasing examples of primary research, secondary research, and enhanced expert analysis.
Expert witnesses are used day in and day out in legal matters unrelated to immigration—USCIS’ attempts to eradicate the merit of experts’ testimonies and opinions have increased the need for a more hands-on approach from the expert in preparing their analyses of a position or candidate. You can rest assured that when you choose a Park Interview or Virtual Visit that each of these potential challenges will be addressed head on.
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