BACKGROUND OF THIS DIFFICULT EB-1C RFE
Our client, an accomplished executive in the tech industry, sought to apply for an EB-1C, the executive green card. He was already in the U.S. on an L-1A visa, but his initial L-1A application had been denied previously. This made his case more complicated from the start. With this complicated history, we knew the road ahead would be tough, but we didn’t know we’d be responding to one of the most difficult EB-1C RFEs (Request For Evidence) we’ve ever seen when we took on the case.
THE CHALLENGE: A DIFFICULT EB-1C RFE COMES IN
After we filed for the EB-1C, we received one of the most challenging Requests for Evidence (RFE) from USCIS, demanding extensive documentation across multiple fronts.
The RFE challenged several key aspects of our client’s case, including:
- Qualifying Relationship: Proving the relationship between the U.S. company and the foreign company. Despite multiple L-1A approvals, including our client’s, USCIS still questioned this relationship and requested a long list of supporting documents.
- Employment in the U.S.: Demonstrating that our client held a managerial or executive role, with detailed evidence required over multiple pages.
- Employment Abroad: Providing proof of our client’s executive role over the past five years abroad.
- Business Operations Abroad: Confirming that the foreign business was still operational.
All of these specific challenges made this a particularly difficult EB-1C RFE not because of the RFE itself but because of the effort required to gather the evidence to respond to the challenges. However, we didn’t shy away from this challenge and we responded with a comprehensive 16-page attorney brief along with a seven-page exhibit list. Each category in the RFE was meticulously addressed, with a dedicated page of exhibits for each.
Creative Problem Solving
When USCIS throws the kitchen sink at you, you throw it right back—meticulously and strategically. We recognized that USCIS had legitimate questions and concerns, and our goal was to address each one in detail. This wasn’t the time for frustration or rebuke. It was an opportunity to clarify and provide additional evidence to respond to this difficult EB-1C RFE.
The challenge was compounded by the nature of our client’s tech company. In the tech world, traditional hierarchical structures often give way to more fluid, project-based teams. Our client’s role involved global collaboration, remote work, and leadership in a non-traditional setting. This was far from the mahogany-desk, top-floor executive stereotype that USCIS might expect in EB-1C cases.
BUILDING THE CASE TO OVERCOME THIS DIFFICULT EB-1C RFE
Our client’s role was complex and multifaceted. He worked remotely, collaborated with teams worldwide, and led significant projects. The company itself was publicly traded on multiple stock exchanges, and he had letters of recommendation from top executives globally. However, translating this into a format that USCIS could understand was no small feat.
To address this difficult EB-1C RFE, we needed additional evidence and supporting documents from the company itself. Some of this involved the foreign company, some of this involved evidence of employment and work many years ago, and some involved information from the US company. Tracking down this information across multiple teams and separate offices was a large part of the difficulty in this case. When we did get documents, it wasn’t the volume that we felt would be sufficient to ensuret the cse was approved.
We needed to multiply the documents we had, creating a robust, comprehensive response. This involved:
- Detailed Organizational Charts: Explaining not just the hierarchical structure, but also how different departments and teams interacted.
- Flow Charts: Demonstrating workflows and project collaborations.
- Explanatory Memos: Providing context and clarifying the nature of our client’s work and its importance to the company.
We expanded our initial 23 documents into over 300, each piece meticulously crafted to answer USCIS’s concerns in this difficult EB-1C RFE.
OUTCOME OF THIS CASE
Our meticulous preparation paid off. After responding to one of the most difficult EB-1C RFEs, the case was approved, and the interview went smoothly. Our client and his family received their green cards, marking the successful end of a challenging journey. This case was not just about meeting the requirements but about understanding and addressing the unique complexities of our client’s situation.
Conclusion
This success story highlights the importance of thorough preparation, creative problem-solving, and a deep understanding of the client’s unique context. At Tsang & Associates, we are dedicated to guiding our clients through the most challenging legal landscapes, providing support and expertise every step of the way.
If you need assistance with an EB-1C, a difficult Request for Evidence, or another aspect of your immigration journey, please contact us for a consultation. We’d love to be a part of your immigration success story.