H1B For A Logistics Specialist Approved In 2 Months With No RFE

H1B For A Logistics Specialist Approved Withh No RFE

Nationality: Chinese
Applying for: H-1B Visa
Applicant: Home improvement company
Beneficiary: Ms. Jane*
Position: Logistics Specialist
Timeline:
06/22/2020 H-1B petition filed
06/23/2020 Immigration Receipt
08/24/2020 Case successfully approved, no RFE

Challenges In This H1B For A Logistics Specialist Case:
– Under the Trump New Deal, USCIS has determined that logistics positions have low educational requirements and H-1B review standards for logistics-related positions have become very stringent and prone to receiving Requests For Evidence (RFEs)
– Difficulty finding job advertisements for logistics specialists requiring at least a bachelor’s degree from companies of the same type and size
– The employer lacked a clear development plan for the position and Ms. Jane’s job duties were not specific
– The company’s operation mode is relatively mature and already has a perfect logistics system, so the position does not play a key role in the development of the company


BACKGROUND OF THIS H1B FOR A LOGISTICS SPECIALIST CASE


Ms. Jane got her master’s degree in supply chain management in 2019 and then joined this American home improvement company to start her internship. The company was expanding its business overseas, so it needed to find logistics graduates with international backgrounds. After comparing and consulting with several law firms, the company decided to appoint Tsang & Associates, PLC to complete the application.

Although Ms. Jane’s resume is excellent and her major is relevant to the position, the Immigration Bureau was continuing two years of strict criteria that logistics positions do not require a bachelor’s degree, much less a graduate degree. The review of such positions has been very selective, and the possibility of direct approval without additional documentation was very low. In addition, it was difficult to find companies of the same type that required a bachelor’s degree for this position, and the company was not specific about Ms. Jane’s job duties.

Considering the business characteristics of Ms. Jane’s company and her background, Tsang & Associates, PLC spent a lot of time researching and discussing the company’s and Ms. Jane’s situation, combined with last year’s RFE requirements for logistics positions, and customized a full set of H-1B petition documents.

KEYS TO SUCCESS IN THIS H1B FOR A LOGISTICS SPECIALIST

1: Prove that the logistics specialist is a Specialty Occupation
Since the USCIS does not consider logistics positions to be highly specialized and the barrier to entry is low, it was necessary to prove that the position held by Ms. Jane in this company required high academic and professional skills and was a Specialty Occupation. After repeatedly communicating with the employer and Ms. Jane, we were able to find supporting documents that were highly relevant to her background and served as a breakthrough in the argument.

“A bachelor’s degree or higher is essential to apply for the position”: by submitting multiple academic studies on supply chain management, our legal team demonstrated that today’s logistics specialists have a high bar when starting their positions. From their first entry level job they are required to have dozens of skills such as data analysis, market research, and at least a bachelor’s degree in expertise.

“Other similar positions in the same industry require a bachelor’s degree or higher”: this requirement was one of the key challenges, as it was difficult to find job advertisements for the same type of firm that met the “taste” of the immigration authorities. Therefore, the Tsang & Associates, PLC team conducted a needle in a haystack search of job postings in the industry, extracting similarities from the job descriptions of similar positions and summarizing them according to the USCIS requirements, and then arguing that similar standards existed in the industry for Ms. Jane’s position.

2: Prove that Ms. Jane’s major was relevant to the requirements of the position she is appointed to
Ms. Jane studied in the logistics industry, but the company’s planning for her job duties was not specific. We had to demonstrate that her expertise could accurately fill the company’s needs in logistics, so that the immigration officer would understand the reasonableness and necessity for the company to hire Ms. Jane.

Tsang & Associates, PLC presented arguments and collected supporting documents from the perspective of the company’s growth prospects. By presenting the company’s immediate growth plan, we were able to prove that the company had started to investigate international markets to expand overseas. Therefore, the company had to invest in international logistics and supply chain management and needed someone with that particular background to complete the blueprint. Ms. Jane’s expertise fit perfectly with the company’s needs.

3: Prove that Ms. Jane had the skills required for the position
Ms. Jane had joined the company for just six months previously and even though she had excellent academic qualifications, she lacked work experience and only received a Level I wage at the application stage, making it difficult to convince the immigration officer that her position required high professional skills. To help allay the immigration officer’s concerns, in addition to submitting basic data such as transcripts and resumes to prove the academic ability that Ms. Jane possessed. In addition we submitted her research results and her work over the past six months at the company, which proved that the position played a key role in the company’s expansion and Ms. Jane’s outstanding work abilities.


OUTCOME OF THIS H1B FOR A LOGISTICS SPECIALIST CASE


Tsang & Associates, PLC filed Ms. Jane’s H-1B for a logistics specialist petition with FedEx on June 22, 2020 and received the good news that the USCIS approved it directly on August 24, just two months later. The company and Ms. Jane were very excited to learn the good news and thanked us for our professional service and rigorous attitude. The employer was happy to continue to cooperate on their new employee’s H-1B petition in future years and on their other employees’ H-1B changes of employer or extensions.

This year, the H-1B petitioning model has been reformed to a lottery registration process, with two lotteries held for the first time ever. However, H1B filing rates remains high. In such a difficult environment, we are thrilled to be able to say that all of our 2020 H-1B petitions (including initial H-1B petitions, extensions, and change of employer) were all approved with no back filings!

If you are looking for assistance with your H-1B visa petitions, you can learn more about our H-1B visa service or contact us to schedule a consultation to talk about your case. We look forward to assisting you.
 
*To protect customer privacy, customer names are pseudonyms.

 

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