EB-1A

 

SUCCESS STORY: EB-1A

·         Applicant: Financial Analyst

·         Nationality: China

·         Degree: Master’s in Software Engineering & Bachelor’s Degree in Computer Science

·         Profession: Financial Analysis

·         Prestigious Organization Memberships: 6

·         Publications: 2 monographs, and 7 scholarly articles on key topics and theories

·         Challenges

o   All contributions to his field were all in China

o   Difficult to prove he would be able to contribute to the U.S. based on his Chinese accounting background

o   We could not get letter of recommendations from his employers

o   We could not get letter of recommendations from U.S. scholars

EB-1A cases are always an enormous challenge and it takes a strong case without an ounce of doubt to achieve a successful outcome. Dr. Hao came to our firm seeking assistance for his case, filled with hesitation and concern that he would not qualify for EB-1A status. After receiving unsuccessful counseling from numerous immigration firms who advised he might only qualify for EB-2 status, Dr. Hao came to our firm from a referral to seek our expertise on his case after hearing our many success stories with similar immigration cases. While getting to know Dr. Hao on a deeper professional and personal level, we learned how extraordinary of an individual he is and we were able to customize his EB-1A petition with complete confidence in securing a win for our client.

KEYS TO SUCCESS

                When our team first heard Dr. Hao’s personal journey and the challenges facing his EB-1A case, we were instantly intrigued and assured Dr. Hao he was in the best care to take his case. At first glance it would have seemed that Dr. Hao had little support documentation, and combined with his professional background in the Chinese accounting field, it caused concern and doubt from Dr. Hao in his ability to win this case. Without proper documentation supporting Dr. Hao and extensive evidence, USCIS officers would have drawn the conclusion that he was simply an accounting professional with no extraordinary abilities and his petition for EB-1A would have likely been denied.

                Our team interviewed Dr. Hao extensively on a personal level and discovered that he had many professional contacts in China willing to submit letters of recommendations on his behalf. In order to highlight his strengths in the eyes of his peers, our EB-1 legal team interviewed Dr. Hao business associates and drafted the recommendation letters on their behalf in order to have them translated from Mandarin to English.

                Through our many one-on-one interviews with Dr. Hao, we learned of his extraordinary contributions to his field through his memberships in six organizations. Our team was able to produce evidence to support the prestigiousness of these organizations as well as Dr. Hao’s membership confirmation. Recommendation letters were drafted as evidentiary support establishing Dr. Hao’s outstanding professional accomplishments in his achievement to gain membership for these organizations.

                Dr. Hao’s professional accomplishments filled our team with complete confidence that he would win his case. Dr. Hao is a recognized expert in the field of financial analysis and with his extensive knowledge and experience in economics and finance, he was qualified to judge two national economic awards, which demonstrated his extraordinary contributions to his field of study. Our team was also able to gather substantial evidence through Dr. Hao’s published works, including his two original monographs and seven scholarly articles on key topics and theories in his field of financial analysis. His past business experience of leadership positions in major companies also demonstrated his extraordinary qualifications and supported his critical role to his field.

OUTCOME

                After compiling a substantial amount of evidence on Dr. Hao’s behalf, our team’s assurance in his qualifications resulted in a rare successful approval on the first attempt of his EB-1A petition. Dr. Hao was elated and overjoyed that he had put his trust in our team’s confidence to prove his case. Because our team saw beyond challenges and took the time to get to know Dr. Hao on a more personal level, we were able to prove his extraordinary abilities without an ounce of doubt and without any requests for additional evidence. Dr. Hao is now happily living and working in the United States as an alien of extraordinary ability and continues to achieve professional success in the financial field.

SUCCESSFUL EB-1A

 

●     Petitioner: Mr. Yang Wu

●     Applying for: Classification as an Alien of Extraordinary Ability (Eb-1A)

●     Profession: Acrobat and Circus Performer

●     Nationality: Chinese (Republic of China)

●     Challenges:

○     Mr. Wu works in a field with little permanent evidence of his achievements

○     Mr. Wu studies a 2,000-year-old performance art that Tsang and Associates will need to prove that Mr. Wu has changed in a meaningful way

○     Previous denials from other attorneys

○     Mr. Wu cannot reach out to colleagues in China for letters of recommendation or photographic evidence because they do not want him to leave

 

Yang Wu can lift a man on a ladder into the air with one hand. He can balance a pole on the ground while climbing it without use of his legs. He can swing from the highest trapeze, flip through the air and catch another rope with a single leap. Yang Wu knows the feeling of flying through the air with nothing but the ground beneath him, but he was never truly free. His expertise as an acrobat and circus performer had brought him around the world, entertaining thousands. His wife had followed him through the constant traveling so Yang would be able to raise his first-born son on the road. But they had a second child on the way, and despite his job with the Cole Bros. Circus in the US, Yang and his family were forced to frequently return to his homeland of China. The constant traveling on the road and back to the homeland had become too much for his young family to take. Yang and his wife decided they wanted to raise their family in the United States.

 

Unfortunately for Mr. Wu, the People’s Republic of China viewed him as a possession of the government. His acrobatic schooling was government funded and his art-style is an ancient and highly-regarded national treasure. Worse yet, were Yang to apply for a visa, his Chinese colleagues would not endorse him nor would they provide letters of recommendation. Yang had won many awards and received many accolades, but proof of these feats were few and far between. Without the help of his Chinese colleagues and teachers, it seemed impossible for him to prove his expertise. The other law firms Yang had went to for counsel had told him there was no chance of him becoming a US resident but when he went to Tsang and Associates, they believed he had a chance, small though it may be, to file for a Petition for Classification as an Alien of Extraordinary Ability under INA 203 (B) (1).

 

KEYS TO SUCCESS

At age 20, Mr. Wu had already achieved an accomplished career of acrobatic achievements and performances. He had been in specialty schools since he was four years old and had won his first award for his “Through Tubs” feat at the age of eight at the Henan Acrobatics Competition. By age thirteen, Yang had made an impression in the acrobatic community when he performed the “Balance Pipes” routine with five pipes instead of the usual three. At age fourteen, he had won the prestigious title of “The Golden Lion” performing “Lions Playing/Lion Dance”. Unfortunately, the evidence for these feats were hard to come by. Not only did they have to prove his expertise, but they had to prove that Mr. Wu had made a lasting and influential impression on the 2,000 year old ancient art of Chinese Acrobatic Performance. Through Tsang and Associates diligent research, they were able to find information on many of the competitions Mr. Wu had participated in and troupes he was assembled in. With this information, Tsang and Associates highlighted the many achievements of all those involved with the competitions and troupes, proving that Mr. Wu was a world class acrobat of the highest stature.

 

HOW WE PROVED THAT MR. WU HAD EXTRAORDINARY ABILITY

Acrobats don’t have the highly prestigious and individualized awards and attention that other artists do. A review written for a film may include quotes about each actor, the director, writer or others involved, but with circus performance, the ensemble is usually treated as a unit in their reviews. Yang referred to himself as “one of the crew”, never one to stand in the spot light but someone integral to the team. So Tsang and Associates treated Mr. Wu’s performance troupes as a unit representing the potential and caliber of Mr. Wu’s abilities. While Mr. Wu may not have been the individual who performed during a scene in a movie, his troupe did and Mr. Wu was a valued and necessary member of that team even if he wasn’t always the featured performer.

Even though much of Mr. Wu’s career was in the People’s Republic of China, he had performed all around the US, in Italy, Algeria and Japan. Reaching out to his American colleagues, they gave Yang Wu glowing letters of recommendation that helped firmly establish Mr. Wu’s influence on the ancient art form of Chinese Acrobatic Performance. His colleagues argued that Yang Wu added a new level of theatrical flair never before seen in his field (which was supported by his achievement of winning ‘The Golden Lion’ so many years before). Theatrical flair is a concept that’s very difficult to pinpoint but incredibly crucial to a field of entertainment that’s dwindling in popularity.

Lastly, Tsang and Associates argued that in the US, there is a dearth of acrobatic schools and performance; it is indeed an art form that does not thrive like it once did in the 21st century. While in China, his type of acrobatic performance is popular and well-regarded, but in the US, it is mostly unknown, with very few who understand it fully or teach it. Having Mr. Wu in the US could lead to generations of growth in this field because of his mastery of the art form.

OUTCOME

Despite his strength and balance, his skill and superior ability, Yang Wu didn’t understand paperwork or legalese. He simply doesn’t have the ability or time to wrap his brain around the complicated landscape of the American immigration system. Thankfully, Tsang and Associates does and because of them, Mr. Wu was approved for his visa. Mr. Wu and his family still live in the United States to this day and Mr. Wu travels the country with the Cole Bros. Circus. Mr. Wu may have swung from the high trapeze, soaring over the roaring crowd, but never before had he been truly free until now.

 

 

 

SUCCESSFUL EB-1A CASE

  • Applicant: Researcher in Gerentology

  • Nationality: Taiwanese (Republic of China)

  • Degree: Ph.D in Comparative and International Education

  • Awards: 3

  • Memberships: 14

  • Scholarly Works: 27 scholarly articles

  • Articles: 10

  • Sat on the Editorial Board of Many Journals

  • Challenges:

    • Have not graduated Ph.D program

    • County Government worker

    • Average Salary

    • Overall weak EB-1A case

    • Few letter of recommendation to demonstrate contribution

    • Lack of clear focus on what the applicant was going to do in the U.S.

When she came knocking on our door, Dr. Chung was at the edge of a cliff. She faced daunting professional obstacles and a potentially life-altering ticking clock.

The first flaming hoop; Dr. Chung’s daughter was approaching the green card-disqualifying age threshold (21 years old), so Dr. Chung could not continue to wait for her EB-5 Investment application to go through, so she needed a second option. Consequently, Dr. Chung’s only viable option to keep her family together was to reach for the EB-1A Extraordinary ability visa to obtain the I-140 permanent residency approval within a few months. This is the only way she would be able to immigrate to the U.S. with her children. She didn’t plan for this as she was already waiting for the EB-5 investment but the backlog caused a significant delay and now she needed a plan B. Despite the advice she received from numerous lawyers – in China and in the US – that there was no way she could get approval in two months time, Dr. Chung had no choice but to try to prevent her family from being broken apart.

Nearly overwhelmed by this maddening circumstance, Dr. Chung reached out to her trusted friend, Mr. Rosella*, the General Manager at a San Francisco-based Fortune 100 company. Mr. Rosella steered Dr. Chung to Tsang & Associates praying we would be up for the challenge. Both Mr. Rosella and Dr. Chung flew from China to Los Angeles and explained her dire situation to us. We appraised the difficult mountain she had to climb and felt we possessed the necessary expertise to thread this needle. With the window rapidly closing, we agreed to take on Dr. Chung’s case and this gave her a glimmer of hope.

For two straight weeks, Dr. Chung and Mr. Rosella travelled back and forth between China, San Francisco, and our offices and gathered what they could for the EB-1A application. For days they stayed in our office and worked tirelessly with our team to prepare the 1000-page application we filed to prove her extraordinary ability in the field of gerontology. But this was not the only complication.

The second flaming hoop; while Dr. Chung is highly respected among her peer and is the recipient of two Fulbright scholarships, when we were preparing this application, she was still in the middle of finishing her Ph.D thesis. And while getting the Ph.D. from a top tier U.S. university was admirable, it could be viewed as a strike against her. How could she possibly be the best of the best if she hasn’t even graduated yet? To make matters worse, she had virtually no letters of recommendation to bolster her cause (these are critical), her peer-reviewed published work spanned a variety of disciplines thus diluting any singular focus that would cement her reputation as one of the top progressive education researches in the world, and her numerous awards had indistinct criteria. Plus, her government functionary salary was by no means commensurate with an academic all-star. To top it all off, we were all very unclear about what she intended to do in the U.S. with her government background in Asia. What possible contribution could she bring to the U.S. senior population when she herself needed help in speaking English? Like we said, a nightmare case.

Not to be deterred by these hurdles, we decided to get creative (because that is where we excel). As the sands in the hourglass trickled downward, we assigned three of our top lawyers—in Los Angeles and in China—and we were able to find the single common thread that summarized her life achievement. 

She was the pioneer of e-learning for senior citizens. Her contributions in her many years as a government official helped senior citizens learn better. Her concentration was on education. Her plan to come to the U.S. was to partner with other top companies in Silicon Valley to create better e-learning materials for the aging population. She is an entrepreneur, government official, scholar, and she is the best equipped in the senior aging industry to tackle the problem of senior education.

The first task was to translate documents from Mandarin to English, to request letters of recommendations from specific Chinese peers, and to develop a viable business plan that clearly pointed out how Dr. Chung’s work connected to and addressed the broken education pattern present in U.S. seniors, further supporting the impact her work will have in the United States.

Tension mounted, nerves frayed, and more coffee was consumed, as our legal team compiled over 1,000 pages of relevant and directed documentation for Dr. Chung’s petition.

Approval

Within a week the EB-1A case was approved. The client said it was a dream come true. The entire family was able to secure the green card and immigrate to the United States and get stationed in San Francisco.