[Case Sharing] Three Consecutive EB-1C Approvals After New Legislation


EB-5, L-1, EB-1C, green card,
Previously, due to the fact that the EB-5 mainland China schedule could not be resolved in a short period of time, more and more entrepreneurs turned to the way of L-1 to EB-1C green card.

With the implementation of Trump’s new policy, the difficulty of applying for various types of immigrants and non-immigrants has increased, which is becoming more and more prominent in each case. For example: H-1B changes employers, although the position has not changed, the supplementary documents are required to prove that the position is a professional position; L-1A application submits thousands of pages of data, but still receives a template-style supplementary notification (RFE), requiring item-by-item certification The applicant meets every standard; every material is sufficient, and there are still some who are finally rejected; the green card holder returns to the United States every few months, and the entry is warned, and the risk of the green card being canceled is greatly increased; the most serious even was directly canceled.

In such a general environment, Zang Dikai United Law Firm (Tsang & Associates, PLC.) recently received three I-140 approval notices for EB-1C, and the dispatched supervisors were from mainland China, Hong Kong, and Taiwan. EB-1C is directly approved without supplementary documents, and the approval notice will be received about 7-8 months after the application is submitted. Below we give two examples to share with you:

【Case number one】

Year: 2018~2019
Beneficiary (dispatch supervisor): Mr. Tan
Company Industry: Asset Management & Investment
Hong Kong company: established in 2000, with 20 employees
American company: established in 2010, with 15 employees
Beneficiary Position: Investment Manager

Case brief:
After graduating from university, Mr. Tan worked in a Hong Kong company. He continued to improve himself after work. He successively studied finance, management and other subjects, and obtained various certificates. He was gradually promoted from an ordinary employee to a project manager and investment management manager.

With the development needs of the American branch, there is an urgent need for experienced executives to manage. The Hong Kong company decided to send Mr. Tan in 2016. After being introduced by a friend, he knew the Tsang & Associates law firm and entrusted the Joseph Tsang Zang lawyer team to apply for Mr. Tan once. Up to three years of L-1A multinational company manager work visa (2017~2020). In 2018, we entrusted us to apply for EB-1C immigration for Mr. Tan.

The new policy in 2018 has already started. After assessing the current policy and the company’s situation, Zang’s lawyer team pointed out that the biggest risk of this EB-1C lies in the preparation and provision of application data.

Since Mr. Tan obtained a three-year L-1 work visa at one time, he did not consider the extension and application for a green card at the beginning, so the company did not move towards EB-1C in terms of business development, document preparation and preservation. There is a certain gap with the immigration application. Moreover, the person in charge of the company has been on vacation for a period of time due to physical reasons, and the company has gradually fallen into trouble; due to the absence of the person in charge, it is also difficult to provide documents .

Lawyer Zang’s team prepared a detailed list of documents based on the current policies and possible RFE requirements, and discussed with Mr. Tan how to prepare these data. If there are indeed difficulties, can we find an alternative, or we can help illustrate. In addition to the necessary documents such as the application letter and business plan prepared by us, applicants such as the company’s employer explanation letter and helpful recommendation letters are also assured to be drafted by us; the data that can be provided has been screened and adjusted, and it is really impossible to provide Also try to take an appropriate supplement. Finally, the organization of the delivery data is completed. After 7 months of waiting, I was directly approved by the Immigration Bureau. Mr. Tan was of course very happy when he heard the good news, but he was still worried about how to add more data. Now I finally breathed a sigh of relief and waited for the EB-1 date to adjust my status.

【Case 2】

Year: 2018~2019
Beneficiary (dispatch supervisor): Mr. Yuan
Company industry: import and export trade
Chinese company: established in 2016, with 17 employees
American company: established in 2016, with 10 employees
Beneficiary Position: CEO

Case brief:
Mr. Yuan has worked in the import and export industry for more than 20 years. He started an import and export company by himself in early 2016. Since he already had customers in the United States, he came to the United States to set up a subsidiary in the same year. Mr. Yuan’s family applied for investment immigration in 2015, but they were troubled by the scheduling problem. Later, they met Zang Dikai United Law Firm (Tsang & Associates, PLC.) through a friend’s introduction. After fully understanding the L-1A work visa and EB-1C After meeting the conditions, he entrusted Joseph Tsang Zang’s lawyer team to apply for L-1 for him, and planned to continue to apply for EB-1C immigration after the successful extension of L-1.

So from the first one-year L-1 in 2017 to 2018, the two-year extension was successful. Immediately after the extension was approved, he was ready to submit the EB-1C application. Mr. Yuan was assured that he would be handled by the lawyer team of Joseph Tsang Zang and fully cooperated. We are also very grateful to Mr. Yuan for his trust in us. We are very happy to see that this company has grown from its inception to its gradual growth. From zero employees to now it has 4 departments. It seizes the opportunity to gradually shift from traditional import and export to e-commerce. transformation.

Of course, the development time of more than two years is very limited. The company is still a small and micro enterprise, and it faces many problems such as insufficient funds, business transformation, and employee recruitment. Mr. Yuan is not only giving full play to his business leadership skills, but also always working with lawyer Joseph Tsang Zang Keep in touch with the team and ask for advice on how to make the company develop better in line with the application for work visas and green cards according to the requirements of the Immigration Bureau.

After the approval of the L-1 extension, although there are shortcomings such as the short establishment time of the company, small company size, lack of funds, insufficient financial status, and personnel changes, after discussing with Mr. Yuan, in order to gain time, it is recommended to send the EB-1C as soon as possible. Application, on the basis of the extension, we will do our best to strengthen the application documents . At the same time, we also made preparations for RFE supplements when submitting the documents, so that Mr. Yuan could understand the direction of possible supplements and further efforts in the future.

After the joint efforts of Mr. Yuan and Zang Dikai’s lawyer team, he finally received the EB-1C approval notice directly after waiting for 8 months. Mr. Yuan immediately called Lawyer Zang after receiving the news, and thanked our entire team for his sincere efforts to bring him success. He went through the ups and downs of the first L-1 application, extension and EB-1C. The period is long, but finally victory is in sight! Listening to Mr. Yuan’s joyful voice, we also felt that all the hard work was worth it.

In the past, due to the fact that the EB-5 mainland China schedule could not be resolved in a short period of time, more and more entrepreneurs turned to the way of L-1 to EB-1C green card. Being able to apply for an identity, everyone knows that it is not easy to start a company in the United States, and it is even more difficult to set up a company in the environment of Trump’s New Deal and meet the requirements of the Immigration Bureau. We have seen the hardships of many entrepreneurs who went to the United States to start a business. It is not easy for Mr. Yuan to go all the way.

Therefore, every time a client mentions that he or she wants to get a green card through L-1, we hope to have a chance to have a good talk with him/her, so that the applicant can fully understand the key points of the whole process, especially the difficulties involved, and don’t jump down to find out that it is a problem. Big pit. Immigration is a major decision for a family, and making a mistake will cause irreparable losses. We sincerely hope that each customer will continue to work with us after recognizing the status quo, and finally achieve their original dream as they wish.

*To protect customer privacy, customer names are pseudonyms.

Original Content

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