Bridging the cultural divide or lost in translation
Bridging the Cultural Divide or
Lost In Translation
By Joseph P. Whalen (September 25, 2013)
Those immigrant applications and petitions that require written
responses to questions, narrative explanations, or supporting briefs to
explain certain key elements and aspects of various eligibility factors
as well as various qualifications of both the petitioners and the
beneficiaries need improvement and/or clarification in many
instances. This is the reason for USCIS to issue either a request for
evidence (RFE) or a Notice of Intent to Deny (NOID). I will focus on
just a few select issues to illustrate the point of the title of this essay.
L1-A and L1-B Job Descriptions:
Certain standard business practices in one culture could be
radically different, be illegal, frowned upon, or may not even exist in
any way, shape, or form in the U.S.
Something that might simply be understood in one culture may
need to be spelled out blandly and bluntly for USCIS.
Certain “industry jargon” may relate to country-specific facts
and circumstances (i.e., laws and customs) that do not exist in
another country. These things may be “lost in translation”.
EB-5 Business Plans and Economic Impact Statements:
The economics concepts and terms “direct” and “indirect” jobs do
not mean the same as the same words under EB-5 law. USCIS
included a footnote in a recent Regional Center Designation Letter
that includes a Specific-Project provisional approval.1 Here is that
3 While USCIS policy defines all jobs held outside of the NCE as “indirect,” USCIS
recognizes that these jobs represent persons directly employed by the job creating
enterprise and not estimates of employment calculated through an economic model. To
avoid confusion, USCIS references these as “direct jobs” in this table while noting that
these jobs are actually “indirect” jobs for purpose of establishing EB-5 eligibility.2
That’s my two-cents, for now.
e-mail the author at: email@example.com
1 See an article discussing this part of that Designation Letter.
2 See: http://www.slideshare.net/BigJoe5/suggestedagendaitemsforusciseb5economistengagement,
wherein, I pointed out this very issue to USCIS’ new economists in June 2012.