EB-1C Visa For Multinational Executive After Rejected Twice
EB-1C multinational company executive immigration, according to the regulations of the US Immigration Service, applicants need to successfully prove the affiliation between multinational companies and ensure that the positions held by the applicant before and after immigration must meet the qualifications of “senior managers”. This article is Talk about how an EB-1C application was rejected twice with the help of the Tsang & Associates law firm, how to regain a new life and finally get approved.
In the previous article, the Tsang & Associates law firm disclosed the current chaos of the EB-1C project in the Chinese market, which caused great trouble for the executives involved in it. “. This article is about how an EB-1C application recovered from two desperate experiences of being rejected, and finally got approved.
Country/Region: Taiwan, China
Applicant company : American Machinery Manufacturing and Sales Corporation
Beneficiary : Mr. Pan
Application category : EB-1C multinational company manager/director immigration
Position : Marketing Director
American company established : 2000
Company revenue : more than $20 million
Number of employees : 24
Difficulties in this case:
• Evidence that Mr. Poon will be serving as a senior US executive or senior manager
• Indirect affiliation of a US company with a Taiwanese company
• The case was previously handled by two different law firms, both of which failed to approve
The US machinery manufacturing company entrusted Tsang & Associates law firm to apply for an EB-1C (transnational company manager) immigration application for its employee, Mr. Pan, so that he can come to the US company as a marketing director. Mr. Pan himself works in Taiwan and holds an L-1A work visa. Before finding the law firm of Tsang & Associates, from 2011 to 2013, the American company entrusted two law firms in Rowland Height (Rowland Height, CA) and (Diamond Bar, CA) to file two applications, but both were rejected The U.S. Immigration Service refused, because Mr. Pan did not have sufficient evidence to prove his qualifications as a senior management talent. Finally transferred to Tsang & Associates law firm, with the assistance of Zang Dikai (Joseph Tsang) lawyer team, he submitted the third application for Mr. Pan, which was approved one year later.
Keys to success:
EB-1C multinational company executive immigration , according to the regulations of the US Immigration Service, the applicant needs to successfully prove the affiliation between the multinational companies and ensure that the positions held by the applicant before and after immigration must meet the qualifications of “senior managers”.
1. Prove the affiliation between the US company and the Taiwan company
USCIS regulations point out that there must be a clear affiliation between multinational companies (parent company, subsidiary company or affiliated company).
The shareholders of the American company are two overseas companies, but neither of them is the Taiwanese company where Mr. Pan works. However, these companies have a cross-shareholding relationship. Through clarifying the equity relationship and making reasonable adjustments, we can build a compliant equity structure so that these two overseas companies belong to the Taiwan company where Mr. Pan works, so that the US company becomes a Taiwan company. The Sun Company proved that the US Machinery Manufacturing Company has a clear affiliation with the Taiwan Company.
2. To prove that Mr. Pan has the qualification of a senior business manager
Compared with the proof of affiliation of multinational companies, this is a more difficult part of the application in this case.
According to the regulations of the Immigration Bureau:
Managerial ability refers to “management of its organization, department or subsidiary, mainly supervising or managing other employees in the industry, or managing important departments of the company or affiliated companies”.
Administrative competence refers to “direct guidance to organizational structures or major functional departments”, “establishment of goals and systems within the department”, “decision-making ability to exercise extensive freedom”, and “acceptance of supervision and management by senior management, the board of directors and shareholders”.
As Mr. Pan’s work content has been shown before, most of them are updating customer information, maintaining and visiting customers. In the two applications submitted before, the Immigration Bureau pointed out that “the job content described by the applicant is mostly the company’s sales staff rather than senior management.” Since the Immigration Bureau has already filed, how to overturn the previous judgment of the Immigration Bureau and convince the officials that Mr. Pan is not just a salesman, Zang’s lawyer team has spent a lot of effort.
Starting from emphasizing management ability, we first prove that Mr. Pan is in charge of the marketing department, not a front-line salesperson. Through a number of expert testimony, employee certification, company organizational chart, sales performance and other data, it can be shown that Mr. Pan is not only in charge of the company’s sales business, but also actively leads the company’s future development, and has a great influence on the company’s future development. In addition, we also pointed out that Mr. Pan’s responsibilities include marketing planning, having the authority to be responsible for hiring and dismissing employees and their daily management, so as to highlight Mr. Pan’s management position in the company.
In order to prove Mr. Pan’s administrative ability, we pointed out that Mr. Pan’s job content includes designing marketing plans, making major decisions for his department, and establishing communication channels between his subordinates and the company through Mr. Pan’s company position and the marketing projects he participated in. In general, Mr. Pan has sufficient senior management qualifications through his work items and their importance to the company’s development.
Mr. Pan’s EB-1C (Multinational Corporation Executive) immigration application was successfully approved without RFE (requirement for supplementary documents) from the Immigration Bureau.
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