Category: Expert Letters

Blanket L-1 Visas and How Companies can Benefit

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By: Hannah Rae Welbourn When a multinational company sends an employee to a subsidiary in the United States, candidates will need to be granted L-1 status through USCIS. But what if they need to send more than one employee at a time? That’s where the L-1 Blanket visa comes in. While a regular L-1 visa is granted on an individual basis, Blanket status grants multiple employees from the same company the ability to transfer to the states to work at a U.S. branch. The criteria for employees (managerial capacity for L-1A and specialized knowledge for L-1B) remains the same, but the process of obtaining this kind of L-1 status is expedited, sometimes up ...

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The O-1: Eight Ways to Identify Extraordinary Ability

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By Maddie Carlson When a beneficiary’s innovations have been recognized either nationally or internationally, an O-1 visa may be the ideal application process for highlighting their importance to their field. An O-1, or Extraordinary Ability or Achievement letter, focuses on up to eight different criteria that demonstrate an individual’s excellence in their career. The O-1A details a beneficiary’s excellence in the sciences, arts, education, business, or athletics. This visa can also be further specified as an O-1B, which focuses on individuals with extraordinary ability and achievement in the motion picture or television industry. Forming an O-1 application requires enough evidence to build a case that the beneficiary is indeed hard to come by ...

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TN Visas 101: What They Are and How Park Evaluations Can Help

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By Madison McKenzie   What is a TN visa?   The TN visa is a special classification issued under the United-States-Mexico-Canada Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA) in 2020. Under this classification, citizens of Mexico or Canada can fill certain specialty occupations—listed under the approved list of USMCA professions—in the United States for an initial period of three years.     What eligibility requirements must be met to file a TN visa?   As outlined by USCIS, an applicant is eligible for a TN visa if they meet the following criteria:   The applicant must be a citizen of Mexico or Canada. The applicant must have a pre-arranged job offer in the United States. The proffered position in the United States must qualify as ...

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Outside the H: Park takes on the L, O, and other specialized visas.

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Outside the H: Park takes on the L, O, and other specialized visas.

By: Ryan Mernin Park is well-known throughout business immigration for specialty occupation expert opinion letters for H-1B visa petitions. However, Park also services L-1, O-1, EB, and a host of other visas offered by the United States government. In this series, “Thinking Outside the H,” we take a look at the unique challenges posed by these other visas, starting here, in this article, with the L-1B “specialized knowledge” petition. The L-1B: How to Make Specialized Knowledge Stand Out in Your Petition When it comes to filing an L-1 petition, perhaps the most difficult thing to do is gauge what USCIS is prone to challenge in your case. If you’re a client is a company executive transferring to the United ...

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

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

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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Top 4 Reasons Why USCIS Might Challenge a Work Experience Evaluation and How to Prevent an RFE

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Top 4 Reasons Why USCIS Might Challenge a Work Experience Evaluation and How to Prevent an RFE

By: Angela Cook One of the more common evaluations H-1B beneficiaries obtain is an experience expert letter that assesses a beneficiary’s academic history and prior work experience. For nearly three decades, this type of expert opinion letter had largely gone unchallenged, as long as the conclusion (that a beneficiary has earned the equivalent of a Bachelor’s degree) was defensible, and the documentation on which the letter was based is accurate and detailed. However, over the last few years, USCIS has taken a tougher stance and has been challenging work experience evaluations more and more. Here are four things to consider when procuring a work experience evaluation that just might help avoid an RFE. 1. The 3:1 Rule – the crux of the ...

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What Makes an Expert?

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What Makes an Expert?

When it comes to responding to RFEs having an Expert Opinion Letter to augment the case has become an essential component of any filing. An Expert Opinion Letter can take many forms, such as an evaluation of the candidate’s credentials, an evaluation of the position as a specialty occupation, a combination of the two, or something else entirely. The purpose of these letters is to demonstrate how the subject of the letter meets the criteria set forth by USCIS. At Park Evaluations, we work with professors from various universities in a multitude of fields of study. We collaborate most frequently with Experts in the fields of Computer Science, Information Technology, Business, Electrical and Electronics Engineering, Marketing, Finance, Economics, Data Science, and Mathematics. When recruiting ...

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What is Progressively Responsible Work Experience?

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What is Progressively Responsible Work Experience?

It’s a term that gets thrown around often in the realm of H-1B Visa filings. Maybe you’ve come across it in an RFE or have seen it used glowingly in a former employer’s work letter. Whatever your familiarity with the term, there’s no doubt that one’s chances for H-1B Visa success increase significantly if they can demonstrate that the course of their professional work history has been on a “progressively responsible” trajectory. Below is a dive into what exactly comprises progressive responsibility and why that distinction is so valuable when it comes to making a strong case for your work visa. Work History Vs. Academic Studies Many believe that life’s knowledge is best amassed through a combination of education ...

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The 3:1 Rule

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The 3:1 Rule

The H1-B visa is a visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. When applying for the H-1B visa, one of the requirements is that the applicant has an equivalent of a United States Bachelor’s degree. Many times the applicant meets this requirement without too much of a problem. However, issues arise when an applicant has a foreign Bachelor’s degree that is only three years in duration. Most, but not all, foreign three-year Bachelor degrees are only equivalent to three years of undergraduate study in the United States. So what is one to do when their foreign degrees lacks the right level of equivalence needed for a H-1B visa? Fortunately, USCIS has ...

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H1-B Visa Reform a Hot Topic in Congress

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H1-B Visa Reform a Hot Topic in Congress

H-1B visas are a hot topic right now in the United States Congress, and there are several groups of senators striving to reform the program in order to fight fraud while at the same time increasing opportunity for the highest skilled foreign nationals in the field of tech. Currently, the H-1B visa program is stressed to its limits. The demand for H-1B was threefold above the current government limit of 85,000. This limitation hits certain countries more than others, especially tech workers in India who file for H-1B. There are large backlogs for visas, which end up stopping Indian and Chinese nationals who must stay with one employer. Zoe Lofgren (D), the representative serving the Silicon Valley area proposed a bill that ...

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