Academic evaluations are required to prove a beneficiary's foreign education equivalent to a US equivalent baccalaureate or higher degree. Carnegie Evaluations' evaluators review and analyze the foreign educational credentials of the beneficiary to determine the US equivalency level of education, as well as the degree and field of specialization in consensus with AACRAO EDGE. Academic evaluations include an explanation of the beneficiary's institutional experience, course work completed and foreign educational diplomas or certificates.
The USCIS regulations 8 CFR 214.2(h)(4)(iii)(C)(4) state that in the absence of a U.S. or foreign equivalent degree needed to qualify for an H-1B petition, the beneficiary may alternatively provide proof of specialized training and/or experience that is equivalent to a U.S. baccalaureate or higher degree in the specialty occupation. To determine US equivalency, our evaluators follow the USCIS “3-1” rule. This rule sets that 1 year of college-level education can be substituted by 3 years of specialized work experience. Carnegie Evaluations experts are industry experienced tenured Professors in multiple disciplines/specialties, who are affiliated with reputed US accredited Universities. Our evaluators are authorized to grant “life experience credits” for training and/or experience gained in the specialty occupation. Our evaluators assess the beneficiary's work experience and or combination of progressive work experience and education to determine the US equivalency of a baccalaureate degree or higher in the related field/specialty.
To hire a foreign worker in a specialty occupation under the H-1B category, the employer must prove that the proffered position meets the requirement of a Specialty Occupation. Expert Opinion Letters are completed by a U.S. accredited University Professor or distinguished industry authority in the specific Specialty and would specifically focus 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 a bachelor's degree in a specific field. 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 Hand Book (OOH) and/or O*Net.
As a way to address the First-Hand Knowledge Issue raised by USCIS, we offer the option to include a virtual meeting 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.
The Professor can 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. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.
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. The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.
Specialized knowledge means either 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 (See 8 CFR 214.2(l)(1)(ii)(D)).
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the 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. A written advisory opinion from a peer group or a person with expertise in the beneficiary’s area of ability is necessary unless it can be demonstrated that an appropriate peer group, including a labor organization, does not exist.
You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. Each occupational category has certain requirements that must be met.
You may be eligible for an employment-based, exceptional ability, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable.
You may be eligible for an employment-based, national interest, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the nation. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.