Medical Educator Approved for EB-1A Exceptional Talent Immigrant in 3 Days

Year: 2018
Nationality: Chinese
Professional Talents. Medical Education
Highest education: PhD
Applicant. Mr. Jiang
Petition Category. EB-1A Green Card Immigration for Distinguished Individuals
Processing time. 3 days, no addendum (RFE)

BACKGROUND
– Mr. Kang’s initial EB-1A petition was denied by USCIS four months ago
– Mr. Kang has no clear plan for his work after coming to the U.S.
– Currently, there is an abundance of talent in public medical education in the United States, and the USCIS does not believe that Mr. Kang’s professional talents are scarce for the United States and there is no need to approve him.
– In the Notice of Denial, the INS cited the following six deficiencies in Mr. Kang’s application.
(1) Qualifications for Judging. (a) USCIS found that Mr. Kang’s initial application did not provide sufficient documentation to demonstrate that he was judging the work of others as an authoritative expert in his field.
(2) Media Coverage. Despite the submission of seven relevant reports, USCIS found that the submitted media reports were not strongly related to Mr. Kang himself and did not originate from mainstream media.
(3) Professional Awards. Mr. Kang has received five awards, however, the USCIS questioned the significance of Mr. Kang’s awards as not being at a national or international level.
(4) Membership. Mr. Kang was a member of four professional societies, but the INS questioned the low threshold of the societies he joined and the lack of strict admission criteria.
(5) Distinguished Contribution. The INS does not recognize that Mr. Kang’s work has had a profound impact on the development and popularity of medical education.
(6) Leadership. Mr. Kang held senior positions in three large medical education institutions, but USCIS still denied his key leadership abilities in the organization because no letters of recommendation from senior personnel could be provided as proof

Mr. Jiang is a senior medical education graduate from a well-known university and has been dedicated to the popularization and development of public medical education for more than a decade. In early 2017, for the sake of his children’s education and future development, and based on his ambition to come to the United States to further his education and develop his medical education, Mr. Jiang decided to try to apply for an EB-1A green card for distinguished professionals. However, his initial petition did not go as smoothly as he thought it would, as his previous attorney was in a hurry and did not submit sufficient and strong data, which was rejected by the USCIS.

Mr. Jiang was very frustrated by this and then, on the recommendation of a friend, he contacted Tsang & Associates to evaluate the feasibility of re-petitioning his EB-1A petition. After careful analysis of the original documents, Joseph Tsang, Esq. developed a clear and detailed re-petitioning plan for him. Mr. Jiang retained Tsang & Associates to re-petition for his EB-1A petition.

KEYS TO SUCCESS
Tsang & Associates organized the material in three areas to demonstrate how Mr. Kang met the EB-1A petition criteria through a logical, strong argument.

1. National or international recognition of outstanding competence
(1) Accreditation. Zang Dikai’s team provided sufficient information, including Mr. Kang’s invitation letter to the judging event, the content of the event, and the background of the organizer and other relevant documents The team provided sufficient information, including the invitation letter of Mr. Kang to the review event, the content of the event, and the background of the organizer, to prove that the high level of the review event Mr. Kang participated in and his authority in the industry were the main reasons for the invitation.
(2) Media Coverage. We searched other authoritative websites for assessments of the media coverage of Mr. Jiang, which proved that they were indeed influential and not as substandard as the USCIS had originally thought. In addition, the firm’s clerical team explained that the content of the reports was in fact relevant to Mr. Jiang, but that the Chinese language presentation and logic was slightly different from the English language, resulting in a misunderstanding.
(3) Professional Awards. We submitted background reports from the awarding organizations as well as detailed requirements for the awards. Not only that, but with careful search by the firm’s team, we also managed to find international news reports about Mr. Kang’s awards, further indicating that they all carry some weight.
(4) Membership. To address this point, we also hired a professional to translate the founding charter of the professional society as well as the official membership requirements, confirming that the barriers to membership are indeed very strict and open only to a few of the industry’s elite. We also highlighted that Mr. Kang is not an ordinary member, but one of the vice presidents of the association.
(5) Distinguished Contribution. The clerical team of Zang Dikai lawyers assisted Mr. Jiang in attaching letters of recommendation from top experts in the field, both domestic and foreign, to his original documents, which, through stamped endorsement from a third party, demonstrated to the USCIS his indelible contribution to the development and popularization of medical education.
(6) Leadership. Even without letters from the top of the organization as evidence, the law firm team detailed a list of all of Mr. Kang’s day-to-day job responsibilities. To highlight his leadership skills, we also submitted reports on projects Mr. Kang was responsible for at the firm, as well as honorable mentions of the projects he had worked on, attesting to his key role at the firm.

2. Continue to develop your talents in your field of study after entering the United States
Mr. Kang intends to establish his own medical and health consulting company in the U.S., bring his years of knowledge to the U.S., and make full use of the rich network of medical resources in the U.S. to grow the development and popularity of medical education, and be able to contribute to the promotion of global health care.

Unfortunately, Mr. Kang did not adequately demonstrate his ambition in the initial submission, which led to a rejection letter in which the USCIS criticized his business plan as vague, lacking in specificity, and severely lacking in supporting materials. To remedy this deficiency in the second submission, the Tsang & Associates clerical team assisted Mr. Kang in creating a detailed business plan that addressed all aspects of his company’s operations. In addition, we assisted Mr. Kang in creating a website for his company, so that his entire plan to come to the United States could be more fully presented to the USCIS.

Mr. Dikai Zang reminds us that the U.S. Plan of Entry is often overlooked by applicants, who think that meeting the “three out of ten” requirement is sufficient. In the past, the USCIS did not require much of a plan to come to the United States, and the USCIS could accept a short 2-page plan to come to the United States. However, since last year, the USCIS has gradually increased the requirements for this part, requiring not only a detailed and feasible plan for the applicant to come to the United States, but also the cooperation of the organizations and related personnel mentioned in the plan, making it much more difficult.

3. continue to provide substantial benefits to the United States after admission
In the denial letter, USCIS argued that the current public medical education in the United States is very advanced and that Mr. Kang’s professional talents are not scarce for them and there is no need to approve the application. In order to prove the USCIS’s pessimistic argument wrong, we conducted a detailed study and research on the existing medical education market in the United States and prepared a rigorous analysis report for submission to the USCIS. The report also cited statistics from several international official health care organizations to further emphasize the substantial benefits that Mr. Kang’s work would bring to the United States and to American society.

4. Teamwork
The team led by Mr. Zang Dikai, not only includes American lawyers, Chinese lawyers, court certified professional translators, MBA account managers from business schools, bilingual paralegals, English professional clerks, etc. Before officially accepting the commission, Mr. Zang’s team has done a lot of research and analysis on the feasibility of reapplying, officially starting, immediately dividing the work and cooperation on how to strengthen and deepen the application materials, supplementing the preparation of correct and necessary information and translation, strictly according to the schedule progress, and finally within the target time.

OUTCOME
In October, the new fiscal year will release new immigration quotas. In order to catch the opening of the quota in October, Tsang & Associates submitted more than 1200 pages of application documents for Mr. Kang in early August and received the approval notice 3 days later without going through the RFE! Mr. Kang was incredulous when he first received the news, and then overjoyed! After his first application was denied, Mr. Kang had lost confidence that his chances of success were slim. However, with a reapplication from Tsang & Associates, the case was turned around and approved!

The EB-1A green card is a window for the United States to attract outstanding talent from around the world. Therefore, compared to other green card immigration methods, it has unique advantages, such as no employer required in the U.S., no immigration queue, short processing time, etc. It is one of the best choices for elite parents with children to lead their families to immigrate. However, with the implementation of the Trump Administration’s new immigration policies, the difficulty of all types of visas and green cards has increased significantly, and the approval criteria for EB-1A green cards, which have many advantages, has also increased significantly. Outstanding individuals interested in applying for EB-1A are advised to consult with a professional attorney to discuss the application options and feasibility. We believe that a professional, responsible attorney + a rigorous and efficient team + timely and considerate service = a successful case.

*To protect customer privacy, customer names are pseudonyms.