An Academic or Education Evaluation is required by the USCIS for immigration purposes to ensure the foreign national’s Degree(s)/Diploma(s) is equivalent to a U.S. baccalaureate (Bachelor’s) or higher degree. Carnegie Evaluations' evaluators perform a document-by-document evaluation by reviewing and analyzing the foreign national’s educational academic Diploma(s) and transcripts of all years of study to determine the equivalent U.S. degree considering factors such as (a) accreditation of the foreign institution/educational program, (b) duration (in years) of study, (c) prerequisite education for the program, and (d) field of specialization (based on coursework). We follow AACRAO EDGE database (American Association of Collegiate Registrars and Admissions Officers - The Electronic Database for Global Education) credential recommendations in arriving at the U.S equivalency. For documents that are in a foreign language, our evaluators require English translations.
The USCIS issues an RFE (Request for additional Evidence) in the absence of such an evaluation seeking to prove the beneficiary’s qualification for the proffered position.
According to the USCIS, to be qualified to perform services in a specialty occupation (H-1B), the beneficiary must meet one of the following criteria:
Hold a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university; or
Hold a foreign degree determined to be equivalent to a U.S. bachelor's or higher degree required by the specialty occupation from an accredited college or university; or
Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a U.S. bachelor's or higher degree in the specialty occupation and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
The USCIS interprets the term "degree" to mean not just any degree, but a degree in a field of study that is related to the position. In the absence of a U.S. or foreign equivalent degree in a specific specialty, the beneficiary may alternatively provide proof of specialized training and/or work experience which is evaluated to a U.S. baccalaureate (Bachelor’s) or higher in the specialty of the work experience. For the purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college level training the beneficiary lacks. The USCIS issues an RFE (Request for additional Evidence) in the absence of such an evaluation seeking to prove the beneficiary’s qualification for the proffered position.
To determine the U.S equivalency, our evaluators follow the USCIS “3:1” rule for a Bachelor degree and “Bachelors+5 years” for a Master degree equivalency. Carnegie Evaluations’ experts are industry experienced tenured Professors, affiliated with reputed U.S accredited Universities. Our professors are recognized authorities in their respective fields of specialization and are authorized to grant “college-level credits”/ “life experience credits” for work experience and/or training gained in the specialty. Our evaluators assess the beneficiary's work experience, its progressive nature, and recognize the expertise of the beneficiary in the specialty. For work experience evaluations, we require experience verification letters from current and past employers detailing the duration of employment, position(s) held, and job duties handled, in addition to academic documents.
According to the USCIS, the H-IB classification applies to individuals who will perform services in a specialty occupation. The E-3 classification applies only to nationals of Australia. The beneficiary must be coming to the United States solely to perform services in a specialty occupation.
A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
USCIS does not use the job title, by itself, when determining whether a particular position qualifies as a specialty occupation. USCIS considers the duties of the offered position to evaluate in which occupation the beneficiary will be providing services.
When the duties of the proffered position are in generalized and abstract terms that do not provide sufficient information to assess which occupation the position is in, USCIS issues an RFE (Request for additional Evidence) seeking to establish the Specialty Occupation nature of the position.
An Expert Opinion (Position Evaluation) is treated as additional evidence to address such RFEs. USCIS considers an Expert as a distinguished industry authority in the specific specialty, who has subject matter expertise, active memberships with relevant industry associations and having industry experience working directly in the field of specialty who has exposure to the best practices followed for hiring in the industry. Carnegie Evaluations have retained tenured Professors in over 85 specialties from reputed U.S accredited Universities with active industry associations memberships and relevant industry experience in the specific specialty to provide an opinion on a specific case. An expert opinion focuses on analyzing the detailed position job duties and make the case that, based on the expert's experience and knowledge of the industry, the duties are consistent with specialty occupation as defined by USCIS. The expert opinion ascertains the industry standard academic prerequisites to fill such a position, the nature & complexity of the specific job duties associated with the position and the suitability of the beneficiary's qualifications for the position in the relevant occupational fields as outlined in the Occupational Outlook Handbook (OOH) and/or O*Net.
According to the USCIS, the H-IB classification applies to individuals who will perform services in a specialty occupation. A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
USCIS does not use the job title, by itself, when determining whether a particular position qualifies as a specialty occupation. USCIS considers the duties of the offered position to evaluate in which occupation the beneficiary will be providing services.
When the duties of the proffered position are in generalized and abstract terms that do not provide sufficient information to assess which occupation the position is in, USCIS issues an RFE (Request for additional Evidence) seeking to establish the Specialty Occupation nature of the position.
USCIS considers an Expert as a distinguished industry authority in the specific specialty, who has subject matter expertise, active memberships with relevant industry associations and having industry experience working directly in the field of specialty who has exposure to the best practices followed for hiring in the industry. Carnegie Evaluations have retained tenured Professors in over 75 specialties from reputed U.S accredited Universities with active industry associations memberships and relevant industry experience in the specific specialty to provide an opinion on a specific case. An expert opinion focuses on analyzing the detailed position job duties and make the case that, based on the expert's experience and knowledge of the industry, the duties are consistent with specialty occupation as defined by USCIS. The expert opinion ascertains the industry standard academic prerequisites to fill such a position, the nature & complexity of the specific job duties associated with the position and the suitability of the beneficiary's qualifications for the position in the relevant occupational fields as outlined in the Occupational Outlook Handbook (OOH) and/or O*Net.
At times, when USCIS raises concerns about expert opinion letter citing the author is not familiar enough with the specifics of the employer and the position, our evaluators provide an optional service to include a “virtual meeting” or “Professor interaction” session between the Professor, the petitioner, and the beneficiary in order for the Professor to gain an in-depth and first-hand understanding of the nature of the work, the knowledge required to perform the duties of the position, and how the position will impact the business. Professor will include his/her firsthand findings from such session in the expert opinion to strengthen the arguments.
While initiating the LCA (Labor Condition Application) with the DOL (Department of Labor) for H-1B and E-3 specialty occupation categories, each specialty occupation position’s wages are divided into 4 levels by the Department of Labor (DOL). These start with Level 1 wages, for entry level positions into the occupations – employees who are closely supervised, and who exercise limited judgement. Wage Level 2 requires the employees to exercise more judgement. Levels 3 and 4 are for experienced, advanced personnel demonstrating mastery for their occupation. “The wage level should be commensurate with the complexity of tasks, independent judgment required, and the amount of close supervision received as described in the employer’s job opportunity.”
Recently, we are seeing instances that USCIS officers have the notion if an employer offers a Level 1 wage to an employee, it is an indication that the position may not be a “specialty occupation”. In other words, to a USCIS officer, being of the lowest wage level means that the position may not require a bachelor degree at minimum. This is not correct, there are certain occupations for which you would need to establish that the degree is indeed important to that specific occupation.
What needs to be understood with respect to H1-B visas is that the wage level guidelines published by the DOL are in favor of awarding entry level 1 wages irrespective of occupation. However, there is no such connection and, in fact, the qualifications necessary for a position define a wage level as well as “specialty occupation” status.
In response to such RFEs, our experts provide an optional service of wage level analysis in the expert opinion. Our professors provide an additional analysis on whether the wage level designated at the time of filing is appropriate for the position based on the complexity of the job duties and that the position is, in fact, a Specialty Occupation and not merely an entry level position.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
According to the USCIS, the L-1 classification may be granted to an individual who, within three years preceding the time of his/her application for admission into the United States:
Has been employed abroad continuously for one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary;
Seeks to enter the United States temporarily to render services to a branch of the same employer, or a parent, affiliate, or subsidiary; and
Will work in a capacity that is managerial or executive or involves specialized knowledge.
To qualify a beneficiary for L-lA classification, USCIS requires that the organization filing the petition for the beneficiary must show that he or she:
Will be employed in a managerial or executive position in the United States;
Has prior education, training, and employment that qualifies him or her to perform the intended services in the United States; and
Has at least one continuous year of full-time employment abroad with a qualifying organization:
Within the 3 years before application for admission to the United States; and
In a position that was managerial or executive or involves specialized knowledge.
USCIS insists that the proposed position in the United States must be primarily managerial or executive. The petitioner must show that the position in the United States is primarily in a managerial or executive capacity.
It is recommended to initiate the L-1A petition either as a "Managerial" OR as an "Executive" position. A hybrid position is usually challenged by the USCIS. The job duties need to be clearly stated. A vague description of job duties or a conclusive statement of the employee being an “Executive” or a “Manager” triggers an RFE (Request for additional Evidence) or NOID (Notice of Intent to Deny).
L-1A Executive Position:
More than the title as an executive, the position is much broader in its scope focusing on the board of directors’ level exercising duties such as policy making, controlling the functions of the organization, directing the management and discretionary decision making at the organizational level.
L-1A Managerial Position:
Managerial position is not just a Supervisory position. This position is expected to manage the organization or a department focusing a greater proportion of time exercising duties such as managing & controlling the work of other supervisory employees and functions, discretionary decision making at the department level & having authority to hire and fire.
When the evidence submitted along with the initial petition is insufficient, USCIS issues an RFE. Carnegie Evaluations’ experts assist to address the concerns raised in the RFE by providing an Expert Opinion that seeks to establish that the qualifying positions, both in the foreign entity and the US based entity are managerial or executive, as the case might be.
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.
According to the USCIS, the L-1 classification may be granted to an individual who, within three years preceding the time of his/her application for admission into the United States:
Has been employed abroad continuously for one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary;
Seeks to enter the United States temporarily to render services to a branch of the same employer, or a parent, affiliate, or subsidiary; and
Will work in a capacity that is managerial or executive or involves specialized knowledge.
To qualify a beneficiary for L-1B classification, USCIS requires that the organization filing the petition for the beneficiary must show that he or she:
Will be employed in a specialized knowledge capacity in the United States;
Has prior education, training, and employment that qualifies him or her to perform the intended services in the United States; and
Has at least one continuous year of full-time employment abroad with a qualifying organization:
Within the 3 years before application for admission to the United States; and
In a position that was managerial or executive or involves specialized knowledge.
USCIS defines Specialized knowledge as:
special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or
an advanced level of knowledge or expertise in the organization's processes and procedures.
When the evidence submitted along with the initial petition is insufficient, USCIS issues an RFE. Carnegie Evaluations’ experts assist to address the concerns raised in the RFE by providing an Expert Opinion to establish that the beneficiary has specialized knowledge and why it is specialized, and that the beneficiary's prior education, training, and employment qualifies him/her to perform the intended services in the United States.
According to the Immigration Act of 1990, the EB-2 green card is the second preference immigrant visa category that provides lawful permanent residence in the United States. It includes "members of the professions holding advanced degrees (EB-2A)" and "individuals with exceptional ability in the sciences, arts, or business (EB-2B)”.
Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The beneficiary must meet any requirements specified on the labor certification (discussed later) as applicable. In addition, the beneficiary must meet at least three of the criteria below. Carnegie Evaluations’ experts can opine on the veracity of such criteria-claims, based on the documentary evidence provided.
Official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in the beneficiary’s occupation.
A license to practice the profession or certification for the profession or occupation.
Evidence that the beneficiary commanded a salary or other remuneration for services that demonstrates the beneficiary’s exceptional ability.
Membership in a professional association(s).
Recognition for the beneficiary’s achievements and significant contributions to the industry or field by the beneficiary’s peers, government entities, professional or business organizations.
Other comparable evidence of eligibility is also acceptable.
An Advanced Degree is any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate, and can be established by the submission of:
An official academic record showing that the beneficiary has a U.S. advanced degree or a foreign equivalent.
An official academic record showing that the beneficiary has a U.S. baccalaureate degree or foreign equivalent.
Letters from current or former employers showing that the beneficiary has at least 5 years of progressive post-baccalaureate work experience in the specialized field.
A doctoral degree (or foreign equivalent).
For cases where the advanced degree is established through the combination of academics and work experience, Carnegie Evaluations’ experts (Professors) in the specialty can provide a credential evaluation towards a master degree equivalency in that specialty.
All beneficiaries petitioning for EB-2A and EB-2B need an employee sponsor to apply. In order for the employer to sponsor a foreign worker for an EB-2A/B visa, the employer must first file with the US Department of Labor for Permanent Labor Certification using the Program Electronic Management Review (PERM) System. To do this, the employer must meet the following requirements:
Certify that a job is available and is in a specialized professional field.
Demonstrate that the job is also available to the U.S. workers.
Demonstrate that a foreign worker is needed.
Demonstrate that the pay rate for the job is at a prevailing industry rate.
Once all the requirements are met, the Department of Labor issues a PERM form and the employer can then sponsor a foreign worker for an EB-2 visa.
An F-1 student has the option of training in the United States by engaging in practical training during the academic program or after it ends. Practical training can provide valuable work experience by sharpening and adding to the skills the student is learning in school. There are two types of practical training available for F-1 students: Curricular practical training (CPT) and Optional practical training (OPT).
CPT is any alternative work/study, internship, cooperative education, or other type of required internship or practicum offered by sponsoring employers through cooperative agreements with the school. CPT must be an integral part of an established curriculum. The student can work on CPT either full-time or part-time.
OPT provides a practical training experience that directly relates to an F-1 student’s major area of study. While school is in session, the student may only work 20 hours per week. All F-1 students who are currently on a regular period of OPT and are eligible for a STEM OPT extension can apply for the 24-month STEM OPT extension.
Usually when an employer files a petition for a change of status from F-1 to H-1B of the beneficiary, USCIS issues an RFE seeking clarifications on the beneficiary maintaining a valid F-1 non-immigrant status at the time of filing. Among the many CPT/OPT related queries, one necessarily pertains to whether the CPT/OPT is directly related to the beneficiary’s major area of study. To address such RFEs, Carnegie Evaluations’ experts (Professors in specific disciplines) provide expert opinion detailing the knowledge obtained from the academic program (completed/in progress) and how the beneficiary used such knowledge while being employed at the CPT/OPT job.
The EB-2 NIW falls under the employment-based second preference green card category (EB-2). Under this category, a foreign national may seek a waiver of a job offer and therefore the labor certification/PERM process by establishing that his/her admission to permanent residence would be in the ‘national interest’ of the United States. For an NIW petition, the beneficiary needs to provide evidence of an advanced degree or exceptional ability. Additionally, the beneficiary must also meet the three (3) National Interest Waiver criteria (Matter of Dhanasar). These are:
The proposed endeavor has both substantial merit and national importance because it:
has national or even global implication within a particular field,
has significant potential to employ US workers or has other substantial positive economic effects,
will broadly enhance societal welfare or cultural or artistic enrichment,
impacts a matter that a government entity has described as having national importance or is a subject of national initiatives.
The beneficiary is well positioned to advance the proposed endeavor.
It would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.
Carnegie Evaluations’ experts can opine on the veracity of such criteria-claims, based on the documentary evidence provided.
Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” The beneficiary must meet any requirements specified on the labor certification (discussed later) as applicable. In addition, the beneficiary must meet at least three of the criteria below. Carnegie Evaluations’ experts can opine on the veracity of such criteria-claims, based on the documentary evidence provided.
Official academic record showing that the beneficiary has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
Letters documenting at least 10 years of full-time experience in the beneficiary’s occupation.
A license to practice the profession or certification for the profession or occupation.
Evidence that the beneficiary commanded a salary or other remuneration for services that demonstrates the beneficiary’s exceptional ability.
Membership in a professional association(s).
Recognition for the beneficiary’s achievements and significant contributions to the industry or field by the beneficiary’s peers, government entities, professional or business organizations.
Other comparable evidence of eligibility is also acceptable.
An Advanced Degree is any U.S. academic or professional degree or a foreign equivalent degree above that of baccalaureate, and can be established by the submission of:
An official academic record showing that the beneficiary has a U.S. advanced degree or a foreign equivalent.
An official academic record showing that the beneficiary has a U.S. baccalaureate degree or foreign equivalent.
Letters from current or former employers showing that the beneficiary has at least 5 years of progressive post-baccalaureate work experience in the specialized field.
A doctoral degree (or foreign equivalent).
For cases where the advanced degree is established through the combination of academics and work experience, Carnegie Evaluations’ experts (Professors) in the specialty can provide a credential evaluation towards a master degree equivalency in that specialty.
The North American Free Trade Agreement (NAFTA), renamed as the United States–Mexico–Canada Agreement (USMCA), created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.
Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, teachers and many others. The beneficiary may be eligible for TN nonimmigrant status, if:
The beneficiary is a citizen of Canada or Mexico;
The beneficiary’s profession qualifies under the regulations;
The position in the United States requires a NAFTA professional;
The beneficiary has a prearranged full-time or part-time job with a U.S. employer (but not self-employment); and the beneficiary has the qualifications to practice in the profession in question.
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers. Carnegie Evaluations’ experts establish that a position qualifies under one of the categories of the North American Free Trade Agreement (NAFTA). When requested, the expert can also evaluate the beneficiary’s academic credentials and/or discuss work experience history to endorse the beneficiary as suitable for the offered position.
Carnegie Evaluations’ expert opinion letter in support of a TN professional will typically be used to help qualify that a proposed position is a professional position fitting the classification or that the beneficiary is qualified for the position. Additionally, the expert opinion letter supporting a TN position will sometimes be used to show the close relationship between academic degree fields, which would demonstrate that the beneficiary is qualified.
According to the USCIS, the O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The phrase “extraordinary ability” means a level of expertise indicating that the individual is one of that small percentage who has risen to the very top of his/her field of endeavor. If an applicant is at the top of his/her field and has received industry-wide accolades; has been profiled in national newspapers and magazines; and has been a member of all the important organizations related to the applicant’s field, the applicant is deemed to have extraordinary ability. If such an applicant wants to work in the United States, there are 2 options: the EB-1A visa or the O-1 visa. Although the eligibility for O-1 and EB-1A are similar, they are not interchangeable.
These two visa options have several similarities: Both are geared toward individuals who are ‘extraordinary’ at what they do. Both allow the applicant to legally live and work in the United States. Both require the applicant to prove that they are nationally or internationally recognized in their field. National or international acclaim can be demonstrated by receipt of a major international award such as the Nobel prize or the Pulitzer. Alternatively, immigration law requires that the petitioner must provide at least three of the following types of evidence.
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence.
Evidence of the beneficiary’s membership in associations in the field which demand outstanding achievement of their members.
Evidence of published material about the beneficiary in professional or major trade publications or other major media.
Evidence that the beneficiary has been asked to judge the work of others, either individually or on a panel.
Evidence of the beneficiary’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
Evidence of the beneficiary’s authorship of scholarly articles in professional or major trade publications or other major media.
Evidence that the beneficiary’s work has been displayed at artistic exhibitions or showcases.
Evidence of the beneficiary’s performance of a leading or critical role in distinguished organizations.
Evidence that the beneficiary commands a high salary or other significantly high remuneration in relation to others in the field.
Evidence of the beneficiary’s commercial success in the performing arts.
However, there are major differences between these two types of visas:
The EB-1A visa for extraordinary ability is an immigrant visa. It assumes that the applicant would like to live and work in the United States permanently. The O-1 visa, on the other hand, is a non-immigrant visa. It assumes that the applicant is traveling to the United States to work temporarily and will then return to his or her country of origin.
The EB-1A visa allows the applicant to “self-petition,” which means that if their achievements are remarkable enough (Nobel Prize or Academy Award), or those with extraordinary abilities in sciences, arts, education, business, or athletics —they do not have to have an employer agree to sponsor them. All beneficiaries petitioning for an O-1 visa need an employee sponsor to apply.
A letter from a peer group or labor organization is not required for an EB-1A petition, but support letters from members of the beneficiary’s inner professional circle and experts in the field are highly recommended. For an O-1 visa, the Petitioner must provide a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If such a group does not exist, a letter from an expert in the field will also be helpful.
RFE issued by USCIS for EB1A petition at times question the merit and national importance of the beneficiary’s proposed endeavor. This is not a requirement for O-1 visa.
Carnegie Evaluations’ expert opinion letter for O-1 will address that the (non-immigrant) beneficiary demonstrates extraordinary ability by sustained national or international acclaim and is coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor. The expert opinion letters supporting an EB-1A extraordinary ability petitions will address a minimum of 3 of the criteria required.
The filing of a labor certification application with the U.S Department of Labor (DOL) is typically the second step towards the permanent residence process. Prior to submitting a labor certification application, the U.S. employer is required to obtain the Prevailing Wage Determination (PWD) and conduct a PERM recruitment process as outlined by the DOL for the available position. The PERM recruitment process must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment.
Recently DOL has been issuing PERM audits to the U.S employers seeking documentation to establish the business necessity especially in the following circumstances:
Positions requiring a master's degree or equivalent (e.g., bachelor's degree and five years of progressive post-baccalaureate work experience).
Positions requiring less than a Bachelor’s Degree.
Positions requiring a degree (i.e., bachelor’s or master’s) but not necessarily any work experience.
Positions requiring certifications that aren’t typically required for a job.
The foreign national beneficiary got his or her training or experience required for the position with the petitioning employer.
With the PERM electronic filing procedures, DOL has broad discretion on when, how and why it may conduct an audit. In the past, audits typically focused on providing backup recruitment or substantiating any foreign language requirements included in the application. But now, audits increasingly focus on "business necessity" and whether the requirements listed in the application for the position are specifically required by the company. DOL wants to ensure that the U.S employers don’t replace current U.S. workers with foreign nationals.
Under the business necessity standard, the employer must establish that the job requirements are reasonably related to the occupation in the context of the employer's business and are essential to perform, in a reasonable manner, the job duties. Carnegie Evaluations’ experts assist the U.S employers with such a Business Necessity expert opinion to address the business necessity for an offered position and establish that the job duties and requirements bear a reasonable relationship to the occupation ascertaining why the position’s prerequisite qualification is appropriate and necessary to perform the job in a reasonable manner in accordance with DOL guidelines and regulations.
The E-3 classification applies only to nationals of Australia. The beneficiary must be coming to the United States solely to perform services in a specialty occupation. A specialty occupation is one that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
USCIS does not use the job title, by itself, when determining whether a particular position qualifies as a specialty occupation. USCIS considers the duties of the offered position to evaluate in which occupation the beneficiary will be providing services.
When the duties of the proffered position are in generalized and abstract terms that do not provide sufficient information to assess which occupation the position is in, USCIS issues an RFE (Request for additional Evidence) seeking to establish the Specialty Occupation nature of the position.
An Expert Opinion (Position Evaluation) is treated as additional evidence to address such RFEs. USCIS considers an Expert as a distinguished industry authority in the specific specialty, who has subject matter expertise, active memberships with relevant industry associations and having industry experience working directly in the field of specialty who has exposure to the best practices followed for hiring in the industry. Carnegie Evaluations have retained tenured Professors in over 85 specialties from reputed U.S accredited Universities with active industry associations memberships and relevant industry experience in the specific specialty to provide an opinion on a specific case. An expert opinion focuses on analyzing the detailed position job duties and make the case that, based on the expert's experience and knowledge of the industry, the duties are consistent with specialty occupation as defined by USCIS. The expert opinion ascertains the industry standard academic prerequisites to fill such a position, the nature & complexity of the specific job duties associated with the position and the suitability of the beneficiary's qualifications for the position in the relevant occupational fields as outlined in the Occupational Outlook Handbook (OOH) and/or O*Net.
The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for E-2 classification, the employee of a treaty investor must:
Be the same nationality of the principal alien employer;
Meet the definition of “employee” under relevant law; and
Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it.
Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it. The applicant's position must be principally and primarily, as opposed to incidentally or collaterally, executive or supervisory in nature. Executive and supervisory duties are those which provide the employee ultimate control and responsibility for the enterprise's overall operation or a major component thereof. In determining whether the applicant has established possession of the requisite control and responsibility, a Service officer shall consider, where applicable:
That an executive position is one which provides the employee with great authority to determine the policy of, and the direction for, the enterprise;
That a position primarily of supervisory character provides the employee supervisory responsibility for a significant proportion of an enterprise's operations and does not generally involve the direct supervision of low-level employees, and;
Whether the applicant possesses executive and supervisory skills and experience; a salary and position title commensurate with executive or supervisory employment; recognition or indicia of the position as one of authority and responsibility in the overall organizational structure; responsibility for making discretionary decisions, setting policies, directing and managing business operations, supervising other professional and supervisory personnel; and that, if the position requires some routine work usually performed by a staff employee, such functions may only be of an incidental nature.
Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:
The degree of proven expertise in the employee’s area of operations
Whether others possess the employee’s specific skills
The salary that the special qualifications can command
Whether the skills and qualifications are readily available in the United States.
Our industry experienced faculty experts assist with the expert opinion to establish that the beneficiary is qualified for the position based on the beneficiary’s education and experience, and how the company will find it difficult to obtain a person with similar credentials in the U.S without considerable cost and inconvenience.
This service is an integrated expert opinion, which includes an academic & work evaluation of the beneficiary along with the specialty occupation position evaluation. Such an integrated expert opinion will be provided by a faculty expert who is authorized to grant “college-level credits”/ “life experience credits” for work experience and/or training gained in the specialty. The expert will endorse the beneficiary’s suitability as well based on the outcome of the evaluation.