education-based green card

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

Specialty Occupation and Wage Level IssuesFor 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 WaiverUSCIS 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 CapacityAn 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 AbilityAn 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. ]]>

Case Study: EB-2 Education RFE – Overturned!

  • They must have been hired for a job that requires a US master’s degree or higher, or a US bachelor’s degree or its equivalent FOLLOWED BY at least five years of progressive work experience in the field.
  • They must have the education required for the EB-2 qualified job or exceptional ability as clearly proven with a National Interest Waiver.
  • One of the most common RFEs EB-2 candidates run into is an education issue RFE.  Our client came to us with an Indian three-year bachelor’s degree, many years of progressive work experience, and an RFE.  He had the years of experience to more than cover the five years of progressive work experience following having earned the bachelor’s degree.  The issue arose because with EB-2 educational requirements the bachelor’s degree is required to be a SINGLE SOURCE and CIS does not accept that the Indian three-year degree is the equivalent of the US four-year bachelor’s degree regardless of the number of classroom contact hours.  CIS requires the missing fourth year to be accounted for.With other visas, like H-1B, our client could have included a work experience conversion that converts three years of progressive work experience in a given field of specialization into one year of college education towards that degree to account for the missing year.  This does not work for EB-2 because that would not meet the equivalency requirement of a single source bachelor’s degree.Our solution was to write a credential evaluation fortified by CIS approval precedents and federal case law that took twelve years of our client’s progressive work experience in the field and converted it into the equivalent of a US bachelor’s degree in the field.  Then, the next five years of work experience were included to meet EB-2 educational standards requiring a single source US bachelor’s degree FOLLOWED BY five years of work experience in the field.  The RFE was overturned.If you or your employee or client is facing an education RFE for EB-2, let us help you.  Even the candidate doesn’t have the years to cover a complete work experience conversion, there are other ways to address the equivalency issue through detailed credential evaluations tailored to your or your employee or client’s unique situation, and through expert opinion letters and National Interest Waiver options.  Let us review your case for free.  Visit ccifree.com/.  We will respond in 48 hours or less.  ]]>

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