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EB-1C For Property Development Manager

EB-1C For Property Development Manager

  • Petitioner: Mr. Taing
  • Applying for: Eb-1C Multinational Executive or Manager under Sec. 203 (b)(1)(C)
  • Profession: Senior Property Development Manager
  • Nationality: Chinese (Republic of China)
  • Company: International Property Management Company (Hong Kong)
  • Challenges:
    • Mr. Taing had applied for a L-1A previously and was denied
    • His company had a complicated ownership structure which made it difficult to prove just how important Mr. Taing was
    • Mr. Taing managed real estate development which didn’t make him an executive
    • Mr. Taing’s company Human Resource Department was unwilling to provide updated documents to their size, wealth or business contracts so Tsang & Associates could only use a few old documents in the L-1A application.

     

    BACKGROUND

    Mr. Taing had just turned forty and with this revolution of his celestial odometer, his life was finally coming together in the ways he had always hoped. His wife was at home raising his two children while he managed property for a wealthy real estate company and they were increasing his responsibilities. His company had given him the new task of overseeing property in California and Brazil after transferring him from Hong Kong. What started out as a promotion progressively turned into a burden on his health and happiness; while he loved his new job, he was constantly flying back and forth between China and the US so he could see his wife and children at home. The change in time zones, his children’s schooling and the long flights wore on Mr. Taing’s family time and what should have been the happiest time of his life was feeling increasingly stressful. He dreamed that he would be able to get a green card so he could bring his family to the United States, stay there to work and put his children to school in sunny California.

    Mr. Taing came to Tsang and Associates desperate to get his work visa so he could get some of his much dreamed of stability. He had already applied for his L-1A Visa but unfortunately he had been denied. That will make it extra difficult for any new application coming in to get approved. Tsang and Associates consulted with him and we thought it might be possible for him to be approved as a Multinational Executive or Manager under Section (b)(1)(c). Mr. Taing buried his head in his hands… it was clear the frustrations of the process were getting to him. He told us he wasn’t a manager of some huge multi-national company; his company only had about six people working in the US. Visas for multinational executives and managers are meant for enormous companies like Motorola and Hyundai with projects that are bringing in millions to billions of dollars and with managers who are integral to the operation of the company. Mr. Taing felt like his job could be done by an American and that they couldn’t prove his importance… but Larry was desperate enough to try anything.

    Larry reached out to the HR department of his company for some documents that would help them establish the size and magnitude of the company’s projects but the company refused to supply them. The company didn’t see why Larry would need paperwork that didn’t pertain to his employment and they didn’t feel that Larry needed a managerial visa to do his job. Another bump in the road but Tsang and Associates had an idea…

     

    KEYS TO SUCCESS

    Even though Tsang and Associates had no access to the company’s financial records, Mr. Taing had a breadth of knowledge about their booming real estate projects in California and their work projects. With that, Tsang and Associates and Mr. Taing was able were able to gather all the supporting documents to file for the L-1A visa and then subsequently the Eb-1C green card application. We were able to prove that Larry was an integral, irreplaceable member of their management staff, justifying the need for the transfer.

    Tsang and Associates decided the best course of action was to talk about the projects as opposed to the company itself. They were managing three large corporate estates during construction; two hotels near tourist-riddled hotspots and a large mall. We spent much of the application focusing on multi-million-dollar establishments, its boom to tourism in California, and how it helped the local economies. We elaborately explored the contracts the projects had with Disney corporation, the state government and the other corporate entities related to the properties.

    Next, we went on to explore Mr. Taing’s work, providing an hour by hour discussion of his managerial duties both in the US and in China. It went on to discuss how he had become a key figure in their American branch and how he had been flying between China, Brazil and the US to help the company with all of their projects.

    By the end, Mr. Taing did not just seem like an important employee to have in the US, he seemed like a key component in the entire organization and that he was bound for corporate advancement. He had relationships with so many people at the company and he did so much for them all over the world, there was no one else who could possibly do his job to expand the U.S. entity.

     

    OUTCOME

    Tsang and Associates submitted a massive eighty-page attorney brief with over a hundred supporting documents for approval which expounded upon Mr. Taing’s importance. The L-1A visa was approved first and then subsequently the Eb-1C was approved without any request for evidence.

    Stability, home and happiness. Now, Mr. Taing is happily with his family in sunny California. No more flying around the world, working from afar and coming back to see them in bursts. They’re all together with his two children enrolled at their local public school near his work. It’s the beginning of a new chapter in life; one that he is the boss of. He’s no longer told where to go and when to go, he’s exactly where he has to be.

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