SUCCESSFUL L-1B RFE CASE

  • Petitioner: Tire Company
  • Industry: Tire Manufacturing
  • Beneficiary: Mr. Wong
  • Position: Accountant
  • Nationality: China
  • Age: 25
  • Applying for: L-1B Intracompany Transfer (Specialized Skill Workers)
  • Challenge: Difficult Request for Evidence regarding Mr. Wong’s qualifications and possession of specialized knowledge

Tire Company desperately sought to bring Mr. Wong* to their American branch office through an intracompany transfer, specifically for a worker with specialized knowledge. Mr. Wong was seen as crucial and vital to any future growth that would be experienced by Tire Company in the United States. Recognizing the difficulty and growing denial rate of L-1B petitions, Tire Company came to Tsang & Associates for assistance in devising a persuasive application on behalf of Mr. Wong. We filed the L-1B application on March 10, 2015 and received a Request for Evidence (RFE) from the USCIS on March 24, 2015 requesting more sufficient evidence regarding Mr. Wong’s specialized knowledge positions both in the United States company and in the China company, as well as his qualifications for the intended services, claiming that the evidence we presented was not enough. We responded to this RFE quickly and ultimately received the approval of the L-1B visa on June 3, 2015.

Keys to Success

The first point of contention was Mr. Wong’s employment in a position that involved specialized knowledge in the United States. This request was to fulfill the requirement set by law that the beneficiary must be seeking to enter the U.S. to serve in a capacity that requires specialized knowledge. In supplementing our original documents for evidence, we asked both the U.S. company as well as the China company to write letters detailing Mr. Wong’s extensive uniqueness and value to a company by playing the role of accountant, stressing that he would implement the same processes and methods that he learned in China into the United States office. We made known the importance of the responsibilities Mr. Wong would undertake in the American branch, detailing each individual task he would perform; we showed that they were critical for the successful growth of the company, a role that could not be matched by one who hadn’t been involved with the company already. We demonstrated that Mr. Wong’s duties heavily involved trade secrets and proprietary financial information that one outside of Tire Company would not know, thus making Mr. Wong’s proposed role to be necessarily filled by someone with specialized knowledge.

Secondly, the USCIS deemed that we did not provide sufficient evidence regarding the qualifications of Mr. Wong to perform the aforementioned duties. In tackling this response, we reiterated the qualifications of Mr. Wong even before being hired by Tire Company, highlighting his various accolades and certificates that formed an impressive list, as well as his extensive education. However, to supplement this, we provided the details of Mr. Wong’s specialized training. We pointed to Mr. Wong’s training regimen over the course of his two years at the company. We even asked a well-respected professor to provide his opinion on the value of Mr. Wong to Tire Company, indicating that he plays an indispensable role to the company through his knowledge of specific accounting and software systems along with having an advanced knowledge of Tire Company’s processes and procedures. We provided Tire Company’s software guide, demonstrating its uniqueness and its difficult learning curve. We noted that software used in China and in America are quite different, and that Mr. Wong is uniquely able to understand and use both; we stressed that even small errors may lead to significant consequences for Tire Company.

Lastly, the USCIS requested evidence showing that Mr. Wong’s position abroad required specialized knowledge. First, we brought attention to the employment verification letter and letter of appointment from Tire Company which gave a complete description and breakdown of what his duties were in China. We then proved that his special and advanced knowledge was used in China by pointing to the letters from both the U.S. company and China company which detailed his position within the company. We also emphasized that Mr. Wong has actually been using his knowledge in his daily performance in exceeding expectations within the internal auditing process and financial dealings. We noted that the information Mr. Wong uses could only be taught over the course of two years and that the training Mr. Wong had received was intended for his impending transfer to the U.S. company. We ultimately proved that Mr. Wong’s knowledge of Tire Company’s international market was unmatched and his experience in the international tire industry was unparalleled, vital, and crucial to the success of Tire Company in America.

Outcome

All in all, we submitted a 161 page response to the RFE. The USCIS deemed our response to their RFE to be satisfactory and approved the case on June 3, 2015 after our response to the RFE.

*Name has been changed to protect client identity.