EB-3 Approved for Research Analyst
Country/Region: Hong Kong, China
Applicant (U.S. employer). Logistics company
Beneficiary (expatriate employee). Mr. Fang
Job Title. Business operations research analyst (operations research analyst)
Category. EB-3B Skilled Worker
– 09/01/2017 Submission of PERM Application
– 02/05/2018 DOL Approves PERM Applications
– 06/29/2018 I-140 petition filed
– 07/11/2018 Approved with no retroactive (RFE) requirements
– Mr. Fang has 8 years of work experience, but the highest education is only Associate Degree without a bachelor degree (bachelor).
– Smaller U.S. employers with 7 employees.
– The U.S. employer applied for Mr. Fang for the position of operations research analyst This position requires at least a bachelor’s degree, which is not compatible with Mr. Fang’s education.
Mr. Fang’s U.S. employer approached Tsang & Associates in March 2017 to inquire about the feasibility of handling EB-3 immigration for Mr. Fang. Mr. Fang received his Associates Degree from a U.S. college in the early years, majoring in Business Administration.
After carefully evaluating Mr. Fang’s qualifications, we concluded that the main difficulty, in this case, was that despite his work experience, Mr. Fang did not have a bachelor’s degree and was applying for the “operations research analyst position.” Mr. Fang was at risk of being rejected because of his high standard. An operations analyst provides recommendations for process and system changes that meet a company’s operational needs. The U.S. Department of Labor predicts that the employment growth rate for operations analysts will reach 27% by 2022.
Tsang & Associates analyzed and discussed this issue and classified Mr. Fang’s petition as EB-3B Green Card for Technical Staff (see attorney review), and prepared the application on that basis.
KEYS TO SUCCESS
EB-3 is the same as H-1B, but the difference is that H-1B is a short-term work visa and EB-3 is a green card. Therefore, EB-3 has the pre-requisite of PERM labor certification. Procedure The PERM application is very complex and if the employer has special requirements or language preferences (e.g., Chinese language requirement) it will greatly increase the chances of being reviewed by the Department of Labor.
Key point 1: How to match Mr. Fang’s education and work experience with the job requirements
As mentioned earlier, Mr. Fang has 8 years of work experience, but his highest education is only an Associate Degree, and he has not received a bachelor degree, so he does not meet the educational requirements for EB-3A Professionals.
As for the application for the position of operations research analyst, the official websites of the Department of Labor Occupational Outlook Handbook and O*Net indicate that the position is a professional occupation and requires at least a bachelor’s degree. The educational requirements of the personnel engaged in at least a bachelor’s degree, some also require a master’s degree, but does not exclude the use of equivalent education and experience instead.
In response to this contradiction and gap, Mr. Fang was advised by Zang Dikai’s team to have his education and work experience evaluated in the U.S. Based on Mr. Fang’s original education and his work experience over the years, the evaluation agency finally determined that Mr. Fang had the equivalent of a U.S. bachelor’s degree. This played an important role in the success of Mr. Fang’s application.
The PERM labor certification application requires Associate Degree + 2 years of work experience for the position. After 5 months of processing, I received the PERM approval notice in February 2018.
Key Point 2: Letters of support from U.S. employers
After achieving success in the first step, the Zangdikai team guided the U.S. employer through the I-140 petition process providing a strong letter of support.The support letter is divided into three main sections.
In the first part, we analyze the position Mr. Fang will hold in the company and summarizes the position Mr. Fang will hold as “Business Operations Analyst” The first section summarizes the eight daily responsibilities of the “Business Operations Analyst” position that Mr. Fang will hold, and gives the immigration officer a comprehensive understanding of the company and the position. It also explains the importance of Mr. Fang’s joining the company and how it is closely related to the further expansion of the company’s business territory.
The second part, the official U.S. definition of the position and requirements The job information, including job requirements, professionalism, etc., selected from the Occupational Outlook Handbook published by the U.S. Department of Labor and the authoritative website O*Net, highlighting that the position requires a bachelor’s degree but can be replaced by equivalent education and experience.
The third section discusses Mr. Fang’s qualifications for the position. It begins with a list of Associates Degrees that Mr. Fang has earned in the U.S. and China that are relevant to the position, and extends on the work experience that Mr. Fang has provided, describing how he has been responsible for managing the company’s import/export logistics and various operations for the past eight years. In the supporting letter, Mr. Fang highlighted his Two Associates Degrees plus 8 years of professional work experience Mr. Fang has both an academic background and a wealth of practical experience. Mr. Fang is undoubtedly a good candidate for this position, with both knowledge and technical skills, and is qualified to apply.
Key point 3: Corresponding documents corroborate the content of the support letter
Next, the immigration officer also needs to pass the appropriate documents materials to determine whether the contents of the letter are true and accurate. Attaching sufficient supporting materials will enhance the persuasiveness of the case.
In response to the first part of the letter of support Tsang & Associates filed the company’s registration documents In response to the first part of the letter of support, Tsang & Associates submitted the company’s registration documents, organizational chart, and financial statements to demonstrate that the company is small but generous in revenue and that there is still significant room for growth in the industry. It also confirmed to the USCIS the reasonableness and legitimacy of the company’s decision to hire Mr. Fang.
For the second section We have attached the official Department of Labor Occupational Outlook Handbook and O*Net webpage, highlighting “average salary”, “job duties”, “job definition”, etc. “Job Definition”, etc., to enable USCIS staff to review documents The official O*Net website highlights “average salary,” “job duties,” “job definition,” etc. so that USCIS staff can quickly get to the point when reviewing documents. In order to avoid any disadvantages, the Zangdikai legal team has been organizing documents To avoid any disadvantage, the Zangdikai team will highlight the documents.
For the third part We have attached Mr. Fang’s Associates Degree and transcripts from China and the U.S.; and experts in the same field (usually professors from well-known universities) have analyzed and evaluated Mr. Fang’s work experience and education, confirming that he is equivalent to a U.S. bachelor’s degree level despite not having a bachelor’s degree, has professional knowledge and many years of work experience, and is fully qualified to serve as “Business Operations Analyst”. . The evaluation results downplayed the disadvantage of Mr. Fang’s lack of a bachelor’s degree and greatly strengthened the persuasiveness of his application.
Tsang & Associates filed the I-140 EB-3B petition on June 29, 2018 and received the USCIS approval notice on July 11. The U.S. employer and Mr. Fang were thrilled to receive the good news! Despite the difficulty of the case, Mr. Fang was able to work in the U.S. as he wished, and his family immigrated to the U.S., and his company successfully added new talent, thanks to Tsang & Associates’ rich experience and proper filing strategy.
EB-3 is divided into three main categories: EB-3A for professionals with a bachelor’s degree; EB-3B for skilled workers with more than two years of experience; and EB-3C for unskilled workers with less than two years of experience. The prerequisite is that a U.S. employer must be willing to apply for you.
If you are interested in immigrating for employment, please feel free to contact Tsang & Associates. We have solved many difficult cases and successfully helped many clients to work and immigrate to the United States. Although the “winter” of immigration seems to have arrived under Trump’s new policy, Tsang & Associates is confident that with our professional strength and attentive customer service, we can work with you to overcome the difficulties and achieve the “American Dream” in the right way and in the right way. “American Dream”.
*To protect customer privacy, customer names are pseudonyms.
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