Case Study: EB-2 Education RFE – Overturned!
Managerial/Executive Capacity Letter
If you, or your employee or client works as a manager, you will have to provide extra evidence to make sure the job meets certain criteria to work for the selected preference. The key factor here is to show that the beneficiary MANAGES the daily functions of the business rather than simply PERFORMS them. Making this distinction clear in a letter by an expert in the field is essential to making sure the beneficiary doesn’t run into trouble with this differentiation in the adjudication process.
Extraordinary Ability Letter
If you, or if your employee or client is filing Form I-140 under classification EB-1, you will need to include a letter from an expert in the beneficiary’s field who is not affiliated with the beneficiary themselves. This letter needs to clearly show CIS that the beneficiary is internationally recognized for their significant contributions to the field of their occupation.
National Interest Waiver
This expert opinion letter is needed if your beneficiary is petitioning as key to the national interest. What is in the “national interest” is not clearly spelled out and is highly subjective, and so an expert opinion letter is needed to prove to CIS that the beneficiary as an individual serves a key function for the national interest, not just that the occupation or field of employment sponsorship is in the national interest. When CIS determines whether a beneficiary qualifies for a National Interest Waiver, they are looking for scope of benefit – meaning is the benefit of this person’s contribution effects the nation. They also take into account whether a US citizen with the same qualifications would be able to accomplish what the beneficiary can. Therefore, the expert opinion letter must address scope and uniqueness regarding your case, or your employee or client’s case.
Specialty occupation, credential evaluation, and work experience evaluation issues also arise in I-140 cases. These expert opinion letters must take the unique educational requirements of the visa into account because the sequence of education and work experience is nuanced, and any bachelor’s degrees or bachelor’s degree equivalency must be a single source. This can be especially challenging if the degree was earned outside of the US, the degree major doesn’t match the field of employment, or years of college are missing.
At TheDegreePeople, we will ALWAYS write you the evaluation or opinion letter you need with regards to your visa, or your employee or client’s visa, the particular occupation for the particular company, and with regards to CIS approval trends and process and policy changes.
Whether you are working on an H1B or I-140 case, visit ccifree.com and let us review your case for free to identify any potential issues you may run into with adjudication. We will get back to you in 48 hours with our full analysis and recommendations.
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ccifree.com/. We will get back to your in 48 hours or less about whether or not EB2 educational requirements can be met. Often, all that is needed is the right credential evaluation that takes the beneficiary’s education and work experience, the job in question, specific EB2 requirements, and CIS approval trends into account to get that EB2 petition approved.]]>
ccifree.com/ and submit the beneficiary’s educational documents and resume, and indicate the job in question. We will get back to you in 48 hours or less with our recommendations on what needs to be included in the evaluation you, or your client or employee needs to meet EB2 educational requirements.]]>
ccifree.com and submit your clients resume and educational documents. We will get back to you within 48 hours with our recommendations.]]>
ccifree.com and submit the candidate’s educational documents and a current, accurate resume, along with the job and desired educational equivalency. We will get back to you within 24 hours with a pre-evaluation and full analysis, and consult with you on your options. Sheila Danzig Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/ or call 800.771.4723. ]]>
ccifree.com, let us know the visa and job, and attach the candidate’s educational documents and resume. Within 24 hours, we will send you a pre-evaluation and full analysis of all of your options. You will know what you’re working with, and be able to move forward accordingly. It’s not uncommon for candidates to insist that their high school diploma is a college degree, or for a translated document to report a false academic equivalency. This happens for two main reasons. First, many degrees don’t actually have the word “degree” in the title. When this is translated, it is unclear whether or not the candidate actually has earned the postsecondary education necessary to meet the academic qualifications for their visa. On the same note, some credentials that do have the word degree in the title are not the academic equivalent of US postsecondary education, and some credentials don’t have the word “degree” in the title and are not degrees, period. Some countries have the same titles for different education. For example, the Indian Chartered Accountancy certification is the equivalent of a US bachelor’s degree in accounting while the Canadian Chartered Accountancy certification is not. The second reason this happens is because when documents are translated from their original language into English, some degree titles don’t actually have a direct linguistic translation into English. Others do, but the academic value is different. It’s easy for translators to accidentally insert misinformed judgment into the academic value of a degree through translation. It is always best for translators to simply perform a direct translation and then have the documents passed onto a credential evaluator for the next step. Understanding the value of a foreign degree requires a complex, specialized understanding of international education. Understanding the structures of education and the educational steps required to earn each credential, as well as international trade agreements, graduate program admissions trends, CIS trends and precedents, and federal case law is required to write an accurate evaluation that CIS will understand and accept. Before you file, make sure you, or your employee or client has the right education for the visa. If you’ve already received an RFE, it’s not too late! Simply go to ccifree.com and submit the educational documents and a current resume, and indicate the visa and job. We will get back to you within 24 hours with a pre-evaluation of your case and all of your options for evaluation. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>
kandidat naouk is generally evaluated to be the equivalent of a US doctorate, but it cannot be TRANSLATED into this equivalency. Don’t get too far on your petition, or your employee or client’s petition before without an accurate account of their education. Simply go to ccifree.com and attach the academic documents and a current resume, and indicate the visa, and job or desired equivalency. Within 24 hours, we will get back to your with a pre-evaluation and full analysis of your options. Translation and evaluation are very different, highly specialized services. A good evaluator can spot and correct when academic value gets lost in translation. Foreign credential evaluators typically have significant experience with international credentials from working in university admissions or similar work environments, or have earned graduate level degrees in international education. Because of the complex nature of international education, evaluators must have a firm grasp of education structures across the world, as well as USCIS statutes and precedent decisions, international trade agreements, and more. Evaluations must be performed on a case-by-case basis because every candidate’s path through learning – both in institutions and on-the-job – is unique. Therefore, evaluators must have the experience and insight to pass judgment with integrity. Do not file an H1B or EB2 petition with falsely translated educational documents. Both of these visas rely heavily on academic eligibility and filing with the wrong education will result in an RFE at best, and a lot of extra work. Before you get too far on the petition, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply go to ccifree.com and attach all educational documents and a current, accurate resume, and indicate the visa, and job or desired academic equivalency. We will get back to you within 24 hours with a full analysis and all of your options. About the Author Sheila Danzig Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>