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EB-1C For CEO of Wheels Company

EB-1C For CEO of Wheels Company

  • Petitioner: Mr. Daniel Lee
  • Applying for: EB-1C Multinational Executive or Manager under Sec. 203 (b)(1)(C)
  • Profession: CEO of Wheels Company
  • Nationality: Chinese (Republic of China)s
  • Challenges:
    • Daniel had applied for an Investors EB5(5) Visa which required him to put $500,000 down with the application. The application was supposed to take a year but due to a backlog of applications it is up to 10 years
    • Daniel already made plans to transfer his life and his family over to the U.S. so he reached out to our firm to help him. We designed a plan to help him incorporate a company in the U.S. and he was able to come here on an L1A visa.
    • After getting the L1A visa approved he wanted to test his luck to see if he can obtain the Eb1C green card. This way if it succeeds, he could withdraw his original $500,000 investment through the Eb5 program.
    • It was a difficult case because his company really was not operating at a point where it was clear that he was functioning at an executive position, but we tried and succeeded.
    • Only 10 employees and the L1A extension was only recently approved.

     

    BACKGROUND

    Daniel Lee was entering the golden years of his life. He was entering his 50’s and had worked a long, lucrative career working for the Chinese government. His wife and three children were happy and healthy but his work schedule had made it that he barely got to spend any time with them. He was ready for a change. Daniel wanted to own a business, move to somewhere beautiful and spend more time with his family. He started by creating a business that created aluminum hubcaps for cars. While small in size, Daniel was an excellent business man and the company was growing at a steady pace. The next step for him and his family was to move somewhere beautiful and together they decided it would be California.

    Daniel applied for the 203 (b)(5)(C)(ii) INA green card which is meant for foreign investors. He invested $500,000 into his new business in the US and as part of his application, he was made to pay this money up front. Daniel was told the application would take about a year but with his investment, he should be surely approved. In anticipation, Daniel downsized his shop in China, letting his staff go and closing down the distribution section of his company.

    A year went by and Daniel was still not approved. He reached out to Immigration and Customs to discover that a backlog in applications for S 203 (b)(5)(C)(ii) INA Visas had formed and now it would take upwards of 10 years for his application to be approved. This meant that the business he just closed would not be opening any time soon and the money he had put into the application would not be seen for another nine years.

    Daniel quickly applied for a standard L-1A work Visa but he found out after the fact that is he were approved, it would not end his 203 (b)(5)(C)(ii) INA Visa application which would mean his financial investment would still be tied into the application for another nine or so years. At this point, Daniel had to act if he wanted to stay afloat financially and he needed help so he could finish moving his business and his family into the United States. He came to Tsang and Associates who quickly came up with some ideas on how they could get him approved quickly and get his investment back as soon as possible.

     

    KEYS TO SUCCESS

    Tsang and Associates assisted with preparing the Eb1C application for Daniel, if approved, he would be able to get a return of his initial investment and a green card for his family but it would require, not just a simple financial investment, but a full business plan detailing the next ten years of activity, a promise of growth and proof of how his business could become a job creating institution. At this point in time, no hubcap or tire manufacturer had ever been approved to the best of his knowledge.

    Daniel’s company was very small; when it was fully running in China, they only had ten full time employees but Tsang and Associates saw this as a positive. When Daniel’s company first opened, it only had three employees, which meant that in the few years he had been in operation, his staff had more than tripled in size. The same could be said about all the other aspects of his business. He only had a small network of dedicated buyers but in only a few years, his network of a few had turned into over a dozen. This growth arch showed exponential possibilities for the company and made it so that Tsang and Associates could argue that this growth was going to continue this way for the foreseeable future, meaning the company would expand exponentially in all directions.

    Tsang and Associates decided they would focus on the business’s potential growth, this would make it seem foolish not to approve such a fast growing business. Financially speaking, Daniel’s business was hemorrhaging money and he was constantly having to pay out of pocket for employee’s salaries and supplies but of course this was left out. Instead, they focused on the future, highlighting the patterns of growth. With a proper business plan, this company would seem like it was on the brink of becoming the next big hubcap company.

    Tsang and Associates and Daniel worked together to create a 120+ page company letter petitioning for his green card that went in depth on every level of the company’s future. From employees to partnership deals, every aspect was painstakingly ironed out to perfection. All of the plan followed the same exponential trajectory that was reported in the first few years, illustrating, without a shadow of a doubt that not only was Daniel serious about putting his business into the US and having it thrive, but that Daniel’s company was bound to become one of the largest hubcap manufacturers in the world.

     

    OUTCOME

    Daniel’s Eb1C application was accepted — not only that, but his investment from his EB5 was returned and his entire family received green cards so they could stay in the United States. Daniel still lives in California with his family; his children are in college now and Daniel’s getting to spend his final years doing what he loves: working with cars. His business may not grow exponentially every year, he’s steadily growing, bringing in new customers and employees at a steady pace, but being in the US is still an enormous success for Daniel and his family. When all else failed and it all seemed bleak, Tsang and Associates was there to save the day.

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