Manager of Logistics Company Approved on Direct EB-1C Petition

Year: 2018
Nationality: Chinese
Beneficiary: Mr. Chang
Company Industry: Logistics Company
China Company: Established in 2006, 66 employees
U.S. company: founded in California in October 2015, currently 17 employees
Beneficiary Position: General Manager of China & US Company

BACKGROUND

– Unstable growth prospects, with the immigration officer questioning the size and payroll capacity of the U.S. company in the supplement.

– Insufficient supporting materials to accurately demonstrate the day-to-day operations of the company and the job responsibilities of employees.

– Executive responsibilities are not prominent enough to corroborate Mr. Chang’s executive and management functions and to reflect Mr. Chang’s influence on both U.S. and Chinese companies.

Mr. Chang started his own logistics company from scratch in China in 2006, and through years of hard work, he now has branches in 4 countries (regions). He decided to apply for an EB-1C green card directly to the U.S. to help his company grow bigger and stronger and further expand his business. On the recommendation of a friend, he approached Tsang & Associates for a fee-based consultation to assess the feasibility of his company’s conditions, develop a petition proposal, and ultimately entrust us with the preparation of his EB-1C petition. However, due to the weak growth of the U.S. company in the past two years and the limited supporting documents, he received a supplemental notice from the USCIS after filing the petition. Zang’s team promptly developed a supplemental strategy for him, prepared the supplemental documents within 3 months, and was finally approved.

KEYS TO SUCCESS
1. Payroll capacity & sound business plan
After several meetings with Mr. Chang and his company, Tsang & Associates’ business team created an executable business plan tailored to the client’s situation. The plan included a detailed analysis of the current state of the company, an explanation of why Mr. Chang was reassigned from his parent company to a U.S. company, a description of the company’s growth plans for the next few years, and a concrete plan for how to turn those plans into reality. USCIS must see that the petitioning company has the ability to offer the beneficiary a permanent, full-time job with a salary. In addition to submitting current financial data to strengthen the ability to pay salaries and other aspects of the company, a sound and reasonable business plan plays a critical role in the EB-1C petition for executives of small and medium-sized companies. By submitting a business plan, the immigration officer is able to better understand the growth potential and financial plans of Mr. Chang’s U.S. company.

2. targeted support materials
Based on the supplemental notice, organizing the supporting documents and combining them with the arguments in the attorney’s letter is another key point for the case to be approved. Generally speaking, the immigration officer will list a large number of supplementary documents on the notice of supplemental documents, and many clients are panicked when they see the notice of supplemental documents, and they are confused about how to choose the documents. Therefore, at the beginning of the preparation of the supplemental documents, Mr. Zang took the initiative to discuss and formulate a supplemental strategy with Mr. Chang, and then customized a detailed and implementable document list for him and his company, so that he could provide the corresponding documents in an organized manner according to the list, for example, the USCIS questioned the US company’s ability to pay salaries, so we guided Mr. Chang to organize and improve the relevant financial reports and information; the USCIS was not clear about the daily operation of the US company and the job duties of the employees, so we guided Mr. Chang to organize and improve the relevant financial reports and information. For example, if the USCIS questioned the US company’s ability to pay salaries, we instructed Mr. Chang to organize and improve the relevant financial reports and documents; if the USCIS was not clear about the daily operation of the US company and the job duties of the employees, we instructed him to provide employee information and operational flow charts.

It is important to note that many times USCIS will issue a supplemental notice using a standard template for the same category of petition cases. Therefore, simply preparing documents based on a template notice is not the best way to proceed. The Zandikai team usually spends hours customizing the supplemental strategy and materials list to the client’s situation, rather than using an easy list template.

3. Demonstrate executive responsibilities
The EB-1C green card audience is distinguished multinational business management personnel, so the ability to highlight the beneficiary’s executive and management functions in the application became one of the deciding factors in the approval of the case. We assisted both the parent company and the U.S. company in drafting nearly 20 pages of employment letters, which included Mr. Chang’s specific daily job duties, his work schedule, and a list of departments and employees under his management. The detailed employment letters positively confirmed the significant impact that Mr. Chang had on both the U.S. and Chinese companies. In addition, we also guided the parent company and the U.S. company to revise and improve the employee reports to Mr. Chang, highlighting his leadership and management skills in the company.

OUTCOME
From June 2017, when the EB-1C I-140 was submitted, to April 2018, when the supplemental notice was received, and finally approved in October of the same year, Mr. Chang is very grateful for our professional services in the past year and a half. When he received the supplemental notice, he thought his application was hopeless and was ready to try again, but Tsang & Associates, with its professional strength and correct supplemental strategy, saved his case and finally approved it, so that he could come to the U.S. to realize his ambition as soon as possible.

*To protect customer privacy, customer names are pseudonyms.