Expert Opinion Letters Recommended to Prevent I-140 Issues with Visa Adjudication Memorandum

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In September, 2018, USCIS announced in a memorandum that visa adjudicators could now deny visa petitions outright without first issuing a REQUEST FOR EVIDENCE for clarification.  That means it is crucial this year more than ever to anticipate any issues that may arise in your petition, or your employee or client’s petition before you file.

Specialty Occupation and Wage Level Issues

For the past few years, specialty occupation issues triggered an unprecedented number of RFEs for occupations that had previously not run into trouble.  We were able to successfully get these RFEs overturned by including an expert opinion letter in the response that fully explains why the occupation meets visa requirements for specialization and educational requirements, and why the wage level it is set at is appropriate.  We have addressed this issue in both H-1B and I-140 cases.

Expert opinion letters specific to I-140 issues must be submitted along with the initial petition because this year you will likely not get a second chance to clarify your case, or your employee or client’s case.  Below are three common situations that require an expert opinion letter that we can help you with:

The beneficiary is filing a National Interest Waiver

USCIS does not clearly define what is in the “national interest.”  What is clearly spelled out is that the beneficiary serves a unique and functional role in serving the national interest due to their specific accomplishments, credentials, and abilities, and that a US citizen with a similar background could not fulfill this unique function.  An expert opinion letter is needed to clarify what is meant by national interest and explain why you, or your employee or client holds the key to serving it in a crucial way.

Managerial or Executive Capacity

An expert opinion letter is needed here to make the distinction that the duties of your job, or your employee or client’s job meets the criteria for what defines a management position.  If you, or your employee or client is filing for a managerial or executive position, you will need an expert opinion letter to explain from the perspective of an outside expert in the industry that the beneficiary does not perform daily workplace functions, but rather MANAGES them.  This distinction can be subtle, which is why it requires additional emphasis in the petition.

Extraordinary Ability

An extraordinary ability letter from an expert in your field, or the field of your employee or client who is not affiliated with them is required to meet EB-1 criteria.  The beneficiary must have made significant contributions to their field and be internationally recognized to qualify for an I-140 visa based on extraordinary ability.  We have experts in every field on hand to write the support letter you need, or your employee or client needs.

At TheDegreePeople.com we also help with preparing and filing immigration forms to aid legal assistants in the petition process.  For a free review of your case, or a free quote for form filing assistance, visit ccifree.com/.  We will get back to you in 48 hours or less.

 

This article was written by Rebecca Little

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