H-1B For Import and Export Company with 2 Employees

• Applicant: Ms. Jean Lo
• Nationality: Chinese
• Applying for: H-1B Visa (transfer of status)
• Case type: I-129 Petition for H-1B Visa Status for Pots and Pans, LLC
• Time: 2 months
• Challenges:
  • Company was import and export company with only two employees
  • Beneficiary was working at a much higher paid position in another status in California and now has to transfer to the Midwest with a smaller company, which was questionable
  • Ms. Lo accepted a much lower title as Director of Operations when she was the CEO of another company.
  • Currently the company employs only two people.
  • Company grossed $4.5 million in sales with a profit of $700,00 for a small company.

BACKGROUND

Ms. Jean Lo applied for an H-1B Visa, but the process was not an easy one due to strict regulations from the United States Citizenship Immigration Services. Ms. Lo personally felt confident enough to take on the responsibilities in a Director’s position, but feared that working for a small company of two employees might pose a problem, because the smaller the company, the dimmer the chances are for her to qualify for an H-1B visa, and feared it would jeopardize an amazing opportunity for her to work at Pots and Pans, LLC. She did not want to take any chances and desperately sought the legal advice from Tsang and Associates and hired us to represent her. Our qualified attorneys worked hard to help alleviate our client from a stressful situation and tackled the obstacles that might otherwise have prevented her from getting an H-1B Visa without any request for evidence (RFE). Instead, we succeeded in helping Ms. Lo get her H-1B Visa within a week, and she was able to transfer her status and begin to work for a different company.

KEYS TO SUCCESS

The keys to success in this case depended upon a vast understanding of visa regulations and provisions that applicants must abide by if they want to get a visa. Desperate, Ms. Jean Lo sought our legal services hoping that our law firm would help her get an H-1B Visa, so she can work for Pots and Pans, a company located in Elkridge, Maryland.

The company’s employer filed an I-129 Petition with the U.S. Department of Immigration, on behalf of Ms. Jean Lo, to hire her for the position as Director of Operations. Even though this was a complicated case due to the nature of various requirements, Tsang and Associates was able to demonstrate that Ms. Jean Lo fully met all the necessary requirements, as stated under lawful H-1B status. Once the petition was approved by the USCIS, we succeeded in getting Ms. Lo an H-1 Visa to work and live in the United States, while employed.

In order to prove that the position qualified for H-1B Status, our legal team was faced with the challenges to prove that Ms. Lo’s high level of education was equivalent to a higher level of education with detailed supporting documents such as: transcripts, diploma, and a complete Academic Equivalency Evaluation to show that Ms. Lo met the requirements in the area of higher level of education.

Since the Director of Operations is a professional position and requires hiring someone with a knowledgeable business and administration background, we demonstrated that Ms. Lo possesses seven years of relevant work experience in the business industry, therefore proved that Ms. Lo was not only a fully qualified candidate for the position, but willingly accepted a lower position.

Despite our client’s prior extensive work experience as the CEO for a different company, our legal team showed that in her previous job, our client was responsible for setting policies, controlling expenditures, and overseeing the daily operations of the company.

Moreover, we were able to show that last year the company’s gross sales were approximately $4.5 million with a profit of $700,00, even though the company employs two people. We were able to help the company demonstrate that with her assistance the company will be able to expand nationally and become an import and export icon.

OUTCOME

Tsang and Associates took on the challenge of this case but fought hard to prove that the position that our client was offered fully qualified for an H-1B Visa Status, and within a week our client was granted an H-1B Visa. Ms. Jean Lo was very pleased with our legal services and impressed as to how quickly we were able to get her an H-1B Visa.