H-1B Approved in 3 months for Chinese Business Graduates

Year: 2018
Nationality: Chinese
Industry. Accounting
Applicant company. Small accounting firm
Beneficiaries. Ms. Lui
Position. Accountant
Case: H-1B Petition
Timing. 04/02/2018 USCIS receipt, 06/28/2018 approved, no retroactive (RFE) requirements

BACKGROUND
– The company that filed the H-1B petition for Ms. Lu has only 2 employees and very small in size.
– Beneficiary’s Wages are low of about $20/hour, which is not commensurate with their master’s degree.
– The beneficiary remains at Community College for up to five years after graduating from graduate school.
– This is the beneficiary 3rd time participating in the H-1B lottery, the first two times were unsuccessful

Ms. Lu went to the U.S. eight years ago to pursue graduate studies, and after successfully graduating, she used OPT to work legally in the U.S. for one year and participated in the first H-1B lottery, but unfortunately was unsuccessful. In 2017, the company she worked for offered to apply for her H-1B visa, so she decided to try again. In February 2017, the company engaged Tsang & Associates to handle the H-1B visa application for her. It was not until her third application in April of this year that Ms. Lu was finally successful. However, with the overall tightening of immigration policies, Ms. Lu was concerned that the USCIS would request an RFE or even refuse to approve her application due to the difficulties in her case. Objectively speaking, Ms. Lu’s application conditions are not satisfactory, and there is a real risk of being difficult under today’s strict policy. Therefore, in order to help her to pass the examination after winning the visa, Tsang & Associates prepared a rigorous H-1B petition for Ms. Lu.

KEYS TO SUCCESS
Key point 1: Concise company letter
Tsang & Associates assisted Ms. Lu’s applicant company in writing a logical and concise corporate letter. The body of the letter consisted of three parts The main body of the letter consists of three parts The first part The first part outlines the basic information about the company, including its business, size, and history. The second part explains Ms. Lu’s job position in the company. First, we point out “Bachelor’s degree or above” is the most basic requirement in the company’s job posting, which is in line with the H-1B petition requirements; secondly, we explained Ms. Lu’s daily tasks, including analyzing financial data and producing financial statements, and We explained each of the duties in detail Second, we explained Ms. Lu’s daily tasks, including analyzing financial data, producing financial statements, etc., and explained each of the duties in detail, proving that this is a complex and specialized occupation that requires a high level of education; then, we also conducted a comparative study of other industry peers’ job postings, pointing out that other companies would have the same requirements and conditions for this position. In the third section, we further explain how Ms. Lu’s professional qualifications meet the firm’s recruitment needs. Tsang & Associates listed Ms. Lu’s bachelor’s to master’s degrees and the various professional certifications she has obtained in recent years. We also explained how her five years of study at the University of the District were relevant to the job, and that continuous study would improve her skills and make her better suited for the job when she started.

Key point 2: Extensive and adequate supporting documentation
Tsang & Associates organizes supporting documents from three different perspectives: corporate, job, and personal.
– For the corporate section, we submitted the corresponding supporting documents to USCIS based on the previous corporate letter corresponding supporting documents to the immigration office For example, the company’s legal business certificate, the company’s official website picture and customer reviews, and the company’s income statement and tax return to show its true business status.

– For the job section, we first submitted the “Occupational Outlook Handbook 2017 edition” published by the U.S. Department of Labor, which which details the official definition of the accountant’s job duties. In addition, we used additional resources from O*Net to It was determined that the position Ms. Lu holds does require no less than a bachelor’s degree. In order to eliminate the negative impact of Ms. Lu’s lower salary The team at Zandikai & Associates further expanded their search to other companies that had recently hired for this type of position. By comparison, it was easy to see that companies of the same size in the industry were paying the same level of salary for similar positions, allowing USCIS to clearly understand that Ms. Lu was not cheap foreign labor.

– For the individual section, we have continued to attach the appropriate supporting documents to the previous corporate letter.
(1) Ms. Lu’s university transcripts, undergraduate and master’s degree certificates and professional certificates obtained as proof of her outstanding qualifications.
(2) Ms. Lu’s I-94, passport, F-1 visa, I-20, and EAD card confirming that Ms. Lu has remained in the United States in a legal capacity to pursue her education and work.
(3) Ms. Lu’s OPT period tax returns and W-2 forms showing that she is legally employed, paid and taxed.
With such comprehensive data, Ms. Lu reinforced her excellent qualifications as a good candidate for the position, as well as her past compliance with the law and clean background in the U.S. On the other hand, it also diluted the factors against her in the application and made USCIS willing to approve the application.

OUTCOME
Tsang & Associates sent Ms. Lu’s application materials to FedEx on March 31, 2018, and the USCIS received the application on April 2, and the USCIS approval notice was received on June 28. After years of hard work and preparation, Ms. Lu finally fulfilled her dream and was able to legally stay and work in the United States. She and her company are very grateful to Tsang & Associates for all the efforts they have put into her work visa application over the past two years, and they are especially impressed with our attentive customer service, which always responds to any concerns they have on time. Ms. Lu’s previous EB-2 I-140 petition was approved successfully and she is currently waiting for her visa to be scheduled. This time, the H-1B petition was issued for three years, which perfectly solved the problem of waiting time.

Many students who come to the U.S. to study on OPT choose to continue to apply for H-1B work visas in order to better stay in the U.S. in the future. In recent years, the number of H-1B applicants has grown rapidly, while the number of fixed slots has remained the same. In such a situation, luck of winning the visa is critical, but finding a professional law firm to handle the H-1B application is also crucial. With the tightening of immigration policies, incomplete or incorrectly prepared documents can lead to a risk of a retroactive filing (RFE) or even a denial. If you have any questions, please feel free to consult with Tsang & Associates. We are experienced in handling H-1B applications, whether you are applying for the first time, switching companies, or applying for an extension, we can provide you with professional advice and considerate service according to your situation.

*To protect customer privacy, customer names are pseudonyms.