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

H1B For An Accountant Approved In 3 Months

Year: 2018
Nationality: Chinese
Industry: Accounting
Applicant: Small accounting firm
Beneficiary: Ms. Lu*
Position: Accountant
Applying For: H-1B Visa
Timeline:
3/31/2018 Application sent
04/02/2018 USCIS receipt of the application
06/28/2018 Application approved, no Request for Evidence (RFE)

Challenges Of This H1B For An Accountant:
– The company that filed the H1B for an accountant, Ms. Lu, had only 2 employees and was very small in size
– Beneficiary’s wages were low, about $20/hour, which was not commensurate with their master’s degree
– The beneficiary remained at community college for five years after she had graduated from graduate school
– This was the beneficiary’s 3rd time participating in the H-1B lottery; the first two times were unsuccessful

 

BACKGROUND OF THIS H1B FOR AN ACCOUNTANT

Ms. Lu originally came 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. However, it was not until her third application in April of this year that Ms. Lu was finally successful in getting her H-1B visa approved.

Because of the overall tightening of immigration policies, Ms. Lu was concerned that USCIS would require an RFE or even refuse to approve her application due to all of the difficulties in her case. Objectively speaking, Ms. Lu’s application for an H1B as an accountant was not satisfactory, and there was a real risk of her application being even more difficult under the current climate of strict policy. Therefore, to help her gain approval after winning the visa lottery, Tsang & Associates prepared a rigorous petition for Ms. Lu to help her secure an H1B as an accountant.

 

KEYS TO SUCCESS FOR THIS CHALLENGING H1B FOR AN ACCOUNTANT

For this case to be successful, our legal team knew we needed to address all of the usual H1B visa requirements in addition to thoroughly addressing the specific challenges of Ms. Lu’s case that could cause additional scrutiny of her application.

Provide A Concise Company Letter
To address the issue of the size of the company, Tsang & Associates assisted Ms. Lu’s applicant company in writing a logical and concise corporate letter, explaining basic information about the company, including its business, size, and history, along with an clear and cohesive explanation of  Ms. Lu’s job position in the company.

Address Each H1B Requirement
To ensure that the application was complete and avoid the necessity of an RFE, we went into detail to provide evidence that this position met all of the requirements of the H-1B specialty occupation and that the wage level was appropriate.

First, we pointed out that a “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. Second, we explained Ms. Lu’s daily tasks, including analyzing financial data, producing financial statements, 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 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. We further explained how Ms. Lu’s professional qualifications met the firm’s recruitment needs. We included 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 community college were relevant to this job, and that continuous study had improved her skills and made her better suited for this job and therefore qualified her for the H1B for an accountant role.

Extensive and Adequate Supporting Documentation
To make the case more clear and cohesive for the reviewing officer, our team at Tsang & Associates organized all supporting documents from three different perspectives: company, position, and individual.

– For the company section, we submitted the corresponding supporting documents to USCIS based on the previous corporate letter. 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 position section, we submitted the Occupational Outlook Handbook 2017 edition published by the U.S. Department of Labor, which details the official definition of the accountant’s job duties. In addition, we used additional resources from O*Net for additional information on the position and further clarify that the position Ms. Lu would hold required no less than a bachelor’s degree. To eliminate the negative impact of Ms. Lu’s lower salary the team at Tsang & Associates further expanded their documentation to compare other companies that had recently hired for this type of position. In the 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 attached the appropriate supporting documents including:
(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 had 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 was legally employed, paid, and taxed.

With such comprehensive data in her application, 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. This also diluted the factors that were working against her in her application for an H1B for an accountant position.

 

OUTCOME OF THIS H1B FOR AN ACCOUNTANT CASE

Tsang & Associates sent Ms. Lu’s application materials to FedEx on March 31, 2018, and USCIS received the application on April 2. The USCIS approval notice of this H1B for an accountant 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 and they were especially impressed with our attentive customer service and responsiveness to any concerns they had.

Many students who come to the U.S. to study on OPT choose to continue to apply for H-1B work visas to 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, the 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 higher risk of an RFE or even a denial. If you have any questions about our H-1B visa services or other visa services, please feel free to contact us. 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 comprehensive service according to your situation.

*To protect customer privacy, customer names are pseudonyms.

Original Content

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