H-1B For Management Analyst
- Applicant: Mr. Tsai
- Nationality: Taiwanese
- Applying for: I-129
- Case type: H-1B
- Position: Management Analyst
- Industry: Import and Export
- Outcome: No Request for Evidence, Immediate Approval
- Low Number of Employees (only 6)
- Import and Export is not a traditional employer for Management Analyst positions
- Company only had a month to prepare the H1b filing as management made a last minute decision to hire Mr. Tsai. The entire application was very rushed with a new company that was not experienced with H1b filing.
A US manufacturing company was filing a Petition for a Nonimmigrant Worker on behalf of Mr. Tsai, a Taiwanese degree holder whose specialized skill set perfectly matched the experience and requirements of a position they were attempting to fill. Applying for this type of visa is a particularly stressful and disorienting process, though, as it involves determining that the position intended to be filled absolutely requires a specialist or degree holder. The nebulous, somewhat ambiguous standards that USCIS compares each applicant to means that there are no clear-cut, definitive ways to establish these facts. Rather, in order to gain approval the application must simply be as thorough and detail-oriented as possible about stating how the role in question requires the sponsorship of a foreign worker.
If United States Citizenship and Immigration Services (USCIS) determines the evidence that Mr. Tsai’s US company submits to be unclear or insufficient, it could very well take our clients upwards of ten months to fill an immediate position in their workforce– which would ultimately prevent Mr. Tsai from being able to relocate and begin working, as well. The efficiency of the company’s operations and the future of an ambitious, hard-working Taiwanese man were at stake if they could not succeed with this application on the first try. They resolved to enlist assistance in finalizing Mr. Tsai’s move to the US, and so they brought their case to us at Tsang & Associates.
KEYS TO SUCCESS
Because of how unforgivingly stringent the standards for approval can be in cases like this, a common strategy is to focus on gathering evidence in support of only one of the four requisites and hoping that information will persuade the presiding immigration officials. Specificity and diligence are the foundation upon which we have built our reputation for reliability, however, and our commitment to presenting evidence supporting every one of the four requisites has earned us a flawless success rate in recent years.
Thus, our team got right to work breaking down every distinct way that Mr. Tsai’s credentials make him a great fit for what the company is currently seeking. In proving that a bachelor’s degree or higher is the minimum requirement for the position being filled, for example, we showed that the Occupational Outlook Handbook (OOH) does not specify this exact job title, but that the closest fit would be “Management Analyst,” which does require a degree. In ascertaining that this degree requirement is common to the industry in parallel positions among related organizations, we compiled an extensive list of similar job postings that also call for a specialized degree (and listed those degrees alongside their respective jobs).
To prove that the position was complex and unique, our team worked alongside industry professionals to draft letters and affidavits confirming the rather involved workload and responsibilities pertaining to this job. We proceeded to analyze the duties of employees who have held Mr. Tsai’s prospective position in the past, highlighting their education levels at the time of their hiring. Then, to round out the picture of our client’s indisputable eligibility, we created a detailed breakdown of the position’s day-to-day schedule, emphasizing how much time Mr. Tsai would generally be spending conducting each essential, specialized task. In the end, we had assembled an extremely thorough, 20-page case in support of our client’s H-1B petition with the utmost confidence that we had left no room for denial.
Sure enough, the petition received an approval without a request for any further evidence. Mr. Tsai was thrilled that our efforts had brought him seamlessly through an otherwise intimidating, complicated process, and his employers were overjoyed about not having to wait nearly a year to move forward with their newly-hired specialist.
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