Last week, we went over common H1B issues that require expert opinion letters to prevent that we can help you with at TheDegreePeople. This week, we’re going to look at common issues arising with I-140 visas, particularly when it comes to EB2 and EB1.
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.
This article was written by Rebecca Little