Successful L-1B Specialized Knowledge for Large Consumer Goods Company Worker

• Client: Ms. Chen
• Nationality: China
• Position: Customer Manager
• Case Type: L-1B
• Challenges:
  1. Previous L-1B denial
  2. Client held generic management assistant position as “Customer Manager”
  3. Client was forced to retain employer’s attorney of choice
  4. Our firm was hired to act as shadow-counsel and provide general guidance under a controlled budget
  5. Client was experience excruciating performance anxiety due to previous L-1B denial, limited English, and consequences of denial

BACKGROUND

Ms. Chen had an incredible opportunity to come to America to work for a large consumer goods company. A qualified candidate, Ms. Chen was an exact fit for this highly specialized position, which would enrich her expertise in her field and give her a unique opportunity to advance in her career. However, due to the inability to clearly articulate and provide evidence of her distinct capabilities in combination with a lackluster performance during her interview, her L-1B application was subsequently denied. She was devastated, and hoped for a second chance to succeed.

The L-1B nonimmigrant classification presents a unique opportunity for professionals like Ms. Chen. The L-1B permits a U.S. employer to transfer an employee from one of its affiliated foreign offices to one of its offices in the United States. The employee often has specialized knowledge that relates to the company’s interests, and this was a chance for Ms. Chen to utilize her expertise and further her skills in the United States. Ms. Chen planned on having her attorney simply refile her L-1B application, however, U.S. Citizenship and Immigration Services (USCIS), under the direction of the current political administration has issued thousands of RFEs (Requests for Evidence), delaying the processing of cases.

Moreover, Ms. Chen’s employer insisted she use the company’s attorney to refile the L-1B, and her attorney believed her second application’s chances for approval were slim. This was the same attorney who had already represented her the first time around. Naturally, Ms. Chen was reluctant to trust blindly and had begun to feel hopeless. Ms. Chen knew she must do everything in her power to succeed. She had come too close to give up on her professional aspirations—she knew she could do the job, and do it well.

Realizing she needed further support, and worried she would fail, she came to Tsang & Associates for assistance. It became apparent fairly quickly that her entire case needed to be strengthened and her interview skills needed polishing, and the firm had a reputation for dedicating themselves to client’s unique circumstances—preparing them well to ensure they won their cases.

KEYS TO SUCCESS

Exceeding their usual hours, Tsang & Associates provided Ms. Chen with a detailed questionnaire to acquire a thorough understanding of her work duties and specialized knowledge. This was essential to build a detailed attorney brief that provided the specifics of her job duties and how she would enhance the growth of the U.S. company.  Tsang & Associates also provided a checklist with recommendations of additional documents she should provide in evidence of her specialized knowledge. Ms. Chen had extensive documentation to corroborate her specialized skills, which were not previously presented. This built her confidence for the course of action. The attorneys talked the process through with Ms. Chen, and edited and rewrote the attorney brief to help her obtain her goal. The case was filed and an interview was subsequently granted to Ms. Chen without an RFE, as anticipated by her attorney.

Having overcome that hurdle, her second interview was scheduled. Because her first interview was not successful, Ms. Chen was nervous, even with the firm’s backing. But her attorneys were there for her with support, giving her the encouragement, she needed to overcome these fears—building her self-assurance—and helping her use the skills she possessed.

OUTCOME

The firm provided mock-interview preparation and helped her describe her skill set and specialized skills to present to the officer during the interview. After many hours of practice, Ms. Chen’s second time proved successful, and her L-1B was approved. She was ecstatic, as this was a huge milestone for her professional career.

Ms. Chen was grateful for the firm’s willingness to go above and beyond their regular duties and put her interests first, atypical of many law firms. Tsang & Associates is a family firm, and its success rate with clients demonstrates the associates’ thoughtful attention and methodical work ethic.

*Name has been changed to protect client identity