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One of the biggest RFE problems H1B and EB2 visa candidates face is working with their own educational documents when they’re translations skew the educational value.

When a candidate files a petition with USCIS, every document must be translated into English. Educational documents must be translated into English and THEN evaluated for US academic equivalency.

This causes a common problem because some degrees simply don’t have English translations. Sometimes, a translator will make an academic judgment call beyond their scope of practice, interjecting or interchanging a word. A common mistranslation is Baccalaureate, which is often translated into Bachelor’s degree. These are NOT the same. Postgraduate degree is often mistranslated into Master’s degree. This is the result of the interjection of an academic value judgment. The Russian 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.

Preempt an RFE: Beware of False Translations Read More »

Credential Evaluation, Immigration, Visa Approvals

While translators need to know the nuances of language – which words translate directly, which words have changed over time, and which words do not have direct English translations – evaluators possess the same kind of specialized knowledge about international education.

One common example of this is the mistranslation of Baccalaurate, which is often translated into Bachelor’s degree even though there are not the same. The words diploma and postgraduate diploma do not have clear meanings, and a postgraduate diploma is not necessarily the equivalency of postgraduate education. Some are, some are not. For this reason, translators will often translate a postgraduate diploma into a Master’s degree. This is an insertion of a value judgment through making a translation that is not direct and holds academic weight. This error would trigger an RFE or worse on an EB2 petition. Many degrees simply do not have a US equivalent and must be evaluated using detailed tactics, drawing from international trade agreements, CIS precedents, federal case law, and US graduate program admissions norms. Without this knowledge, translators often make value judgments when translating educational documents without realizing the damage it causes.

Another example is the Russian specialist degree – the kandidat naouk – which is generally considered to be the equivalent of a US doctorate degree. However, it cannot be TRANSLATED as such; the degree must be evaluated in terms of academic content and functional equivalency. In the same way, the Indian Chartered Accountancy Certificate, which is the equivalent of a US Bachelor’s degree in Accounting, is NOT a US CPA, a certificate that does not equate to postsecondary education. However, the Canadian Chartered Accountancy Certificate DOES fit the equivalency of a US CPA, and for this reason candidates with Indian Chartered Accountancy certificates often have their degrees mistranslated in such a way that it looses academic value.

How can you prevent mistranslations from putting a costly damper on your EB2 filing process? First, have the documents translated. The translator should make direct translations without inserting value judgment, sticking to the literal translation of the words in the document. Second, take these translated documents to a credential evaluator who can review the language translation for academic accuracy, and then write the detailed evaluation necessary to show the academic value of your client’s education. Do not trust agencies that offer a one-stop shop for translation and evaluation. If your educational documents, or your employee or client’s educational documents must be translated, make sure that translation and evaluation remains a two-step process, working with professionals in both separate fields.

About the Author

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, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800 771 4723.

Common Foreign Degrees that Get Lost in Translation Read More »

Credential Evaluation, Immigration, Visa Approvals

Education evaluation is a complex, specialized process. Evaluators typically hold graduate level degrees in international education, or have a significant amount of experience with international credentials by working in a university admissions environment or the like. Credential evaluators must have a firm grasp of not only education system structures internationally, but must also be knowledgeable about USCIS statutes, precedents, and decisions regarding educational qualifications. The evaluation process requires skill, judgment, and integrity to ensure an accurate and appropriate evaluation. In large firms, to ensure accuracy, junior evaluators are supervised by senior staff members.

Credential evaluation is too complex to be an a la carte service, but more and more translation agencies are offering it as such. There are shortcuts to writing a credential evaluation based on databases listing educational equivalencies, which can be purchased by anyone. Some translation firms are using these databases to write evaluations in a cookie-cutter fashion. However, the equivalencies in these databases only represent the most conservative evaluations for any given credential. These equivalencies are controversial and will not be applicable in every scenario. Furthermore, when this is the practice, an “evaluation” is misleading because the expertise involved in the evaluation did not actually come from the evaluator. The expertise came from whoever wrote the database, not from the firm that wrote the evaluation.

Without an extensive background in international education, there is no clear way to tell which situations are unique and which equivalencies are applicable to which degree. When credential evaluators write an evaluation, detailed analysis, expertise, and research is always needed to ensure accuracy and to truly address each client’s unique situation.

Beyond simply not having the expertise required to write accurate evaluations, much of the value of a client’s educational documents gets lost in translation – both of the words and of the academic content. Even without meaning to, translators often interject an evaluation through mistranslation. For example, a common mistranslation is Baccalaureate, which often gets translated into a Bachelor’s degree even though they are NOT the same. Just as words get mistranslated, degrees are also commonly mistranslated when a translator interjects a judgment on equivalency. A degree in one country does not directly translate to a degree in another country. Knowledge of the academic content, years required, and admissions decisions must all be taken into consideration when discerning the educational value of any given degree. This includes which colleges accept which foreign degrees to meet the requirements of their programs.

International education expert Dr. John Kersey explains, “In international education, the same term may mean entirely different things. Most bachelor’s degrees in Pakistan, for example, are only two years long and are comparable to a United States associate’s degree, not a bachelor’s degree which requires three to four years of study. The European Master degree typically represents four years of postsecondary education, and is thus comparable to a United States bachelor’s degree, rather than a master’s degree, which requires five to six years of postsecondary study.”

The words diploma and postgraduate diploma have no clear meanings. A postgraduate diploma does not mean that it is a graduate level education. Regardless, a postgraduate degree often gets mistranslated into a master’s degree. This, however, is not the result of a direct translation; this is the result of a value judgment from someone who does not understand the nuances of international education. While some postgraduate degrees are, in fact, equivalent to a master’s degree, none should be TRANSLATED as a master’s degree.

In a similar fashion, the Russian specialist degree often gets mistranslated. The kandidat naouk, which is generally the equivalent of a US doctorate cannot be TRANSLATED as a doctorate degree or a PhD. In the US, we know that a CPA is not a degree title. The title Certified Public Accountant is a professional title. The same is true for the CA (Chartered Accountants) in Canada. However, in India, the CA is actually equivalent to a degree in India, but this cannot be translated. It must be carefully evaluated based on academic content and legal precedents. Words must be translated, and credentials must be evaluated. These are two completely different processes and to combine them is both dangerous and misleading.

The solution to this is for the translator to always translate the literal words without making an educational value assessment. Leave that to a credential evaluation agency. To get an accurate evaluation that will not mislead employers and not leave visa candidates out of luck when the USCIS questions the credibility of their credential evaluator, keep this a two-step process. You would never hire a credential evaluation agency to translate documents. Do not hire a translation agency to discern academic equivalencies.

Bear in mind that not all credential evaluation agencies have evaluators qualified to assess equivalency with accuracy either. In fact, we are seeing more and more Requests For Evidence inquiring into the credibility of credential evaluation agencies. Not all credential evaluators have the expertise to write accurate evaluations, and not all agencies have the authority to make the necessary conversions to prove equivalence. When you and your client or employee are looking for the right agency to hire to write a credential evaluation, here are three things to keep in mind:

  1. When you talk with an agency, ask about the credentials, experience, and expertise of the person who will be writing the evaluation. If the agency will not discuss this with you, look elsewhere. A credential evaluator should at minimum hold a degree in higher education that includes significant study in international education systems, or have extensive experience working in university admissions. Working in admissions gives evaluators first hand knowledge and experience with how foreign degrees are valued in the eyes of the universities and graduate programs the evaluation will be written for.
  1. Higher cost does not directly translate into higher quality when it comes to credential evaluations. In fact, it’s the credible evaluation agencies that typically offer inexpensive services. If an agency requests a large payment up front before they are willing to discuss your case, look elsewhere. If they charge exorbitant prices, look elsewhere.
  1. Many evaluation agencies are members of professional bodies and trade associations. Evaluation agencies are not required to be members in organizations such as these, although many are. While membership may make an agency look more official and credible, do not base your decision on these associations. Membership does not make for a meaningful assessment of an agency’s product.
  1. Beware evaluation mills. Some evaluators will just rubber-stamp whatever equivalency is asked for. This is misleading for employers and will certainly land your client or employee an RFE come visa petition time. How can you avoid this? When you talk to a potential evaluation agency, ask about their evaluation policies. This will show you whether or not they are prepared to tailor their services to your client or employee’s individual situation.

Look for a credential evaluation agency that is forthcoming with the qualifications of their evaluators, and that will address your client or your employee’s unique situation.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director of CCI TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFEs, Denials, or NOIDs, please go to http://www.ccifree.com/ or call 800.771.4723. Mention that you saw this in the ILW article and get 72 hour rush service at no charge.

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Credential Evaluation, Immigration, Visa Approvals
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