Successful Upgrade from EB-3 Visa to EB-2 Visa

Successful Upgrade from EB-3 Visa to EB-2 Visa

 

    • Applicant: Zhao
    • Nationality: China
    • Applying for: EB-3 upgrade to EB-2
    • Time: Two Months
    • Challenges:
      • Client was fearful he would fall out of legal status as his H-1b Visa was about to expire in a few months
      • Premium processing was initially denied due to USCIS needing to transfer the case from one physical location to another
      • USCIS sent a Request for Evidence for a minor discrepancy exacerbating the stress the client was experiencing

 

 

BACKGROUND

Pharmacy customers were naturally drawn to Mr. Zhao. He had a warm smile and a service-oriented demeanor. They could tell he loved his job and enjoyed helping people when they weren’t feeling their best. Unfortunately, it was now the pharmacist who wasn’t feeling so well right then. He was anxious about his H-1B visa nearing expiration and the prospect of possibly moving to a new division of the company. Mr. Zhao had his EB-3 visa approved years earlier, and he’d been waiting for his priority date to become current so he could apply for his green card. With so many questions and concerns, he wished he knew where to turn for help.  Fortunately, Mr. Zhao consulted with immigration specialists at Tsang and Associates.

 

 

KEYS TO SUCCESS

Tsang and Associates knew from experience that EB-2 visa priority dates were moving faster than EB-3 visas. After researching Mr. Zhao’s case, the firm concluded that the pharmacist also qualified for the faster EB-2 visa. The firm discussed options with Mr. Zhao, and he agreed to move ahead with the upgrade from EB-3 to EB-2. However, there was some risk involved. Many people are concerned they may lose their EB-3 visa in the process. Tsang & Associates, however, has a wealth of experience in this process and assured Mr. Zhao he’d be in good hands. The firm gathered the documents from Mr. Zhao’s EB-3 file to make the process as smooth as possible for him and his sponsoring employer. Within two weeks, the firm had prepared all the forms, attorney brief, employer letter, and supporting documents and filed the petition with the United States Customs and Immigration Service (USCIS).

To ease Mr. Zhao’s anxiety, the firm filed for premium processing would allow for a quicker decision. While premium processing is generally not allowed for this type of case, Tsang and Associates had tried it before with similar cases and been successful. This is just one example of where our firm had the knowledge and experience to know what was possible and provide that service to our clients. Two weeks later USCIS sent a letter denying the request for premium processing because the original labor certificate (needed for the file) was in a different center and had to be transferred. They returned the check with an option to re-file within 30 days. The firm prepared the newly revised package and re-filed it exactly 30 days later. This time the premium processing was successful, ultimately making the difference between receiving a decision within a month vs. receiving a decision months away and further delaying the processing of his case.

A short time later, USCIS sent a Request for Evidence (RFE) asking for clarification on his Federal Employer ID Number (FEIN). When informed about the RFE Mr. Zhao initially panicked. He knew his legal status was on the line and with that his career. The firm assured him the matter would be rectified quickly and easily. Officers at the USCIS were confused because the names of the companies Mr. Zhao was transferring from and to where very similar. Within a week Tsang and Associates responded to the RFE with a revised package explaining the FEIN confusion but also included further documentation covering his job responsibilities and the company’s ability to pay his salary. Though the confusion may have been easily rectified with a one-page cover letter, Tsang & Associates makes sure to leave nothing to chance. This is one of many examples of how Tsang and Associates goes above and beyond to provide excellent service by anticipating every question USCIS might have. Failure to be thorough could cost a client unnecessary and stress-inducing delays.

 

 

 

OUTCOME 

 

Within a week of filing the response to the RFE, Mr. Zhao received approval for his EB-2 visa. Due to the premium processing and timely responses by Tsang and Associates, the entire process from the initial consultation, to submitting the upgrade petition, filing for premium processing twice, and responding to the request for evidence to the actual approval only took a total of two months. Mr. Zhao is very pleased and has already engaged Tsang and Associates to begin his paperwork for his Form I-485 application. Our firm is proud to have provided Mr. Zhao comfort and assurance on such a stressful process.