Ambiguous Language: USCIS Loses Appeal against Tech Company

Posted by: Park Evaluations

By: Rachel Horner Innova Solutions Inc. recently went to court against USCIS for the rejection of an H-1B visa, specifically for a Computer Programmer position. While rejections are not out of the norm, the argument behind the refusal and what transpired made this court case particularly interesting.  Innova originally petitioned for an H-1B petition for an individual with a bachelor’s degree. They used the OOH handbook to make the call that the candidate’s education contributed to their specialized knowledge, as OOH states that a bachelor’s degree or higher is typically the minimum requirement for entry into said position.   However, USCIS denied the visa because they believed that since

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Federal Judge Disposes Trump Administration’s Recent IFRs restricting the H-1B Work Visa

Posted by: Park Evaluations

By: Rachel Horner The federal courts struck down both of the Trump administration’s restrictive Interim Final Rulings (IFRs) proposed to significantly restrict the number of H-1B visas available to file and approve.  The US Chamber of Commerce filed lawsuits in California against both the Department of Labor and the Department of Homeland Security for their IFRs: “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States Rule” and “Strengthening of the H-1B Nonimmigrant Visa Classification”, respectively. The DOL’s proposition, which went into effect in October, targeted the minimum wage for those employed through the H1B work visa. Even at the lowest wage level, the minimum wage would have increased significantly (specifically from ...

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How an Expert Opinion Letter for PERM Could Potentially Prevent an Audit from the DOL

Posted by: Park Evaluations

By: Rachel Horner In our last PERM post, we discussed steps you can take to help ensure your PERM advertising campaign is successful. But what about other potential challenges from the Department of Labor (DOL), unrelated to a position’s advertising? Often, the DOL will take issue with a position’s requirements, its applicants, or its relation to previous positions held by the sponsored worker, leaving it on attorneys to respond swiftly and firmly. Fortunately, the team at Park Evaluations has put together a number of Expert Opinion Letters that, when prepared by our network of professors and industry experts, can directly tackle several of the DOL’s challenges. Below is ...

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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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Top 5 Things to Remember for a Successful PERM Advertising Campaign

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By: Rachel Horner When producing a PERM advertising campaign, there are several factors to consider: timeliness, accuracy, detail, and more. One mistake, and the applicant’s journey to obtaining their green card can be halted. Park Advertising knows that the stakes are especially high and is fully equipped to help. Throughout our experience with the DOL and PERM, we have seen our fair share of advertising pitfalls and have constantly tailored and adapted our services to help avoid and prevent such issues. Below is a rundown of important points to remember when undertaking a PERM advertising project—and what Park does to make that process easier. Make Sure the Ad is Correct in Every Sense The PERM process can be overwhelming, ...

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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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Major Flaw in New DOL Rule Taken to Court

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By: Rachel Horner Only a few weeks after its publication, the DOL’s new IFR, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” which restructured the wage level for H-1B employees, has been challenged to court twice. The first lawsuit, ITServe Alliance, Inc. v. Scalia, argued that the data behind the rule is inaccurate. Another lawsuit has since followed suit, led by the American Immigration Lawyers Association. According to Forbes, the lawsuit, entitled Purdue University et. al. v. Eugene Scalia et. al., argues that the new DOL rule unfairly mandates an annual salary of $208,000 for over 18,000 occupations.  Because the percentiles for many occupations have been increased ...

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Top 5 Things You Need to Know about Translations

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By: Rachel Horner Last month, following the October Bulletin, Park Evaluations dealt with a crush of translations projects brought on by I-485 Adjustment of Status applications. Luckily, Park’s Translations team offers a robust, diverse set of translation-related services in a wide variety of languages. In this post, we provide an overview of the process works from the perspective of clients hoping to supplement their H1B, L1, EB, and other visa petitions with certified translations. From our desk to yours, here are the top 5 things you need to know about Park's Translations services. 1. What does the Translations team do? We provide translations for documents of any kind—birth certificates, academic degrees, corporate papers, you name it. We have a network of third-party translators we ...

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