Tag: expert opinion letter

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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The Key to an Effective O-1A Visa Expert Opinion Letter

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The Key to an Effective O-1A Visa Expert Opinion Letter

By: Rebecca Anderson What is an O-1 Visa? According to the Department of Homeland Security and U.S. Citizenship and Immigration Services, “an O-1 nonimmigrant visa is available for the individual who possesses an extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of astonishing achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.” The O-1A visa, in particular, is for individuals with extraordinary ability in the sciences, education, business, or athletics. These visas are a beautiful thing. First of all, they are the only non-specific work visa, and while candidates must show a letter of intent for future work, they are by no means bound to any single ...

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

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

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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