Immigration

       SUCCESSFUL EB-1C CLASSIFICATION CASE    Petitioner: U.S. Machine Company  Beneficiary: Mr. Pang  Applying for: EB-1C classification  Business: Machine Tool Production and Distribution  Nationality: Taiwanese (Republic of China)  Position: Marketing Director  Year Incorporated: 2000  Revenue: $28,900,309  Number of Employees: 24  Challenges:  Mr. Pang performed several duties that were supervisory and not executive or managerial in nature  Affiliation was difficult due to indirect control by the Taiwan company  Two previous denials from two different attorneys     U.S. Machine Company came to Tsang and Associates hoping to file a petition for EB-1C classification as a Priority Worker- Multinational Manager on behalf of Mr. Pang*, who would serve as the Marketing Director of U.S. Company after serving in a similar capacity in Taiwan and for several years with L-1A status. Mr. Pang’s EB-1C classification had previously been denied twice after filings by two different attorneys. In 2010, the company filed for EB-1C classification with an attorney located in Rowland Heights, California; Mr. Pang was denied classification. A couple years later, the company again tried to file for EB-1C classification for Mr. Pang with a different attorney located in Diamond Bar, California; a denial was again received. Both denials were on the basis that Mr. Pang would not be primarily performing managerial or executive duties. Distressed, U.S. Company and Mr. Pang came to Tsang and Associates in order to finally gain approval of Mr. Pang’s EB-1C classification after two previous failures. We submitted the petition on June 24, 2013 and received approval on November 19, 2014.   Keys to Success   Initially, when Mr. Pang and U.S. Machine Company first came to us, we knew that this case would be difficult based on two previous denials of EB-1C classification for Mr. Pang, one from 2010 and the other 2013. However we strongly believed in our client’s case, that we would be able to overcome the reasons given for denial the past two times while not contradicting the previous two submissions. According to USCIS regulation, in order to qualify for EB-1C classification, one must prove a control relationship between the U.S. company and foreign company, and also that the beneficiary would be performing duties in a managerial or executive capacity.   How we proved the control relationship between U.S. Company and Taiwan Company   We first had to prove that according to USCIS requirements, that the U.S. Company “is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas.” However, there was a challenge due to the fact that the U.S. Company stock was owned by two companies that had different names than the Taiwan company. We demonstrated through stock certificates and stock ledgers that these two companies completely owned the U.S. Company but also proved that these two companies were both included under the main Taiwan Company of which the U.S. Company was a subsidiary. Thus we established that the U.S. Company was therefore completely owned by the overarching Taiwan Company, fulfilling the control relationship requirement.   How we proved that Mr. Pang’s proposed duties in U.S. Company were managerial or executive   This was the more difficult part of this case, as this requirement was the reason that the previous two submissions were denied. As defined by USCIS, managerial capacity consists of tasks including “managing the organization, or a department, subdivision, function or component of the organization” and primarily “supervising and controlling the work of other supervisory, professional, or managerial employees, or managing an essential function within the organization, or a department or subdivision of the organization.” Mr. Pang’s duties included several that were supervisory in nature and not qualified as managerial or executive, such as updating customer information, maintaining good customer relations, and making visits to customers. A previous denial cited that “from the descriptions of the job duties, it appears that many of the tasks which the beneficiary performs are not of a managerial or executive nature, but would ordinarily be performed by a general marketer, sales staff or other employees or contractors”. In order to combat this, we focused on Mr. Pang’s role as manager of the marketing department. We obtained expert opinion letters and employment verification letters demonstrating that Mr. Pang had the responsibility of managing and overseeing all of the marketing operations of the company and therefore formulating marketing strategies that would guide the company by directing activities and development; this proved that Mr. Pang effectively managed a major component of the company. In addition, we showed that in his position as Marketing Director, Mr. Pang essentially determined the direction and success of the organization. We also proved that as Mr. Pang was controlling the work of a Marketing Manager as well as a Sales Manager, Mr. Pang would be employed in a supervisory position over other supervisory and professional employees. Furthermore, we highlighted that Mr. Pang had control of personnel, including the right to hire and fire staff, along with supervising their daily activities.  Executive capacity is defined by federal regulations as “directs management of the organization or a major component of function of the organization”, “establishes the goals and policies of the organization, component or function”, “exercises wide latitude in discretionary decision-making”, and “receives supervision or direction from higher level executives, the board of directors, or stockholders of the organization”. We indicated that in Mr. Pang’s role, he would be making all of the strategies of the marketing plan, making the decisions in this department, and establishing as well as communicating the goals and vision of the company to his subordinates. We showed that as a Marketing Director, Mr. Pang had the authority to exercise discretion over marketing operations, activities, and functions of the company. He was instrumental in managing the company’s complex marketing initiatives.   Outcome   The petition for EB-1C classification was filed on June 24, 2013 and we received the approval on November 19, 2014. Our client was relieved that finally, on the third try, the petition was approved.  *Name has been changed to protect client identity.

Machine Tools Production and Distribution company Marketing Director applies and is approved for EB-1C classification. We were able to demonstrate that his primary duties were managerial or executive in nature, overcoming two previous denials from filings with two different attorneys.

       SUCCESSFUL UNLAWFUL PRESENCE WAIVER CASE    Client: Mr. Garcia  Applying for: I-601A Provisional Unlawful Presence Waiver  Nationality: Mexican  Length of Marriage: 10 years  Number of Children: 1  Challenges:  Mr. Garcia previously filed at another office and was denied.  Mr. Garcia was earning a meager income.     Mr. Garcia* came to Tsang and Associates desperately needing assistance in obtaining an I-601A Provisional Unlawful Presence Waiver. Mr. Garcia first came into the United States unlawfully when he was 23 years old from Mexico and now strongly desired to become a lawful U.S. resident. Without it, Mr. Garcia would suffer tremendous losses of opportunity in the United States and would lose eligibility to come to the United States for 10 years while potentially leaving behind a U.S. citizen wife and son. Distressed, Mr. Garcia sought our help in his waiver application that was previously denied. After sitting down with him and his family during a strategy session, we were able to compile evidence and submit the application on June 16, 2015. It was approved on August 24, 2015.   Keys to Success   When Mr. Garcia first came to us and explained his situation, we were confident that we could prove that should Mr. Garcia be denied a waiver and face deportation, detrimental consequences would occur. According to USCIS regulation, the waiver would only be approved if we were able to show that extreme hardship would occur subsequent to the denial. Although extreme hardship is not explicitly defined by USCIS, some factors of interest include the presence of a lawful permanent resident or U.S. citizen spouse or parent in this country, the qualifying relative’s family ties outside the U.S., the conditions in the country or countries to which the qualifying relative would relocate and the extend of the qualifying relative’s ties in such countries, the financial impact of departure from this country, and significant conditions of health.  In establishing extreme hardship in the event of deportation, we first highlighted that Mr. Garcia had a wife and son. We showed through documents such as a marriage certificate, work verification, various photos, and the son’s report cards and awards, that the family indeed had an established life here in the United States. Mrs. Garcia had been working for 17 years and their son was doing well in school.  We stressed that should Mr. Garcia be forced to leave the United States, his family would have two options: either go with Mr. Garcia to Mexico or remain in the United States. In looking at the first option, we researched and proved that Mexico would be dangerous for both Mr. Garcia and his family due to the high crime rates and political corruption. We also showed that Mexico’s crumbling education system would be inadequate for their son who had special educational needs and speaks little Spanish. In addition, we provided hospital records and doctor’s letters indicating the severity of Mrs. Garcia’s anxiety disorder, ovarian cyst condition, and high cholesterol, all of which would be further exacerbated with a move to Mexico. We highlighted that Mexico’s limited healthcare system would be detrimental for Mrs. Garcia. Moreover, we explained that both of Mrs. Garcia’s parents had significantly demanding medical conditions that require daily attention and are accompanied with expensive medical bills. We noted that presently, Mr. Garcia and his family were heavily involved in providing for them; should they be unable to do so, there would be a significantly heavy financial burden and emotional pain for the family. The family would also be separated from all the friends they had made in the United States up to this point.  Furthermore, we proved that should Mrs. Garcia and her son remain in the United States in the event of Mr. Garcia’s departure, Mrs. Garcia would indeed suffer greatly with emotional struggles and physical ailments. Being away from her husband would most certainly entail greater severity of anxiety and difficulties. We also stressed that she would lack the support from her husband which would bring financial difficulties as well. We proved through bank statements and personal statements from friends and family the importance of Mr. Garcia’s financial contributions to both his immediate family as well as his extended family, most notably Mrs. Garcia’s parents who required great medical attention. In addition, we researched the risks of Mrs. Garcia’s ovarian cysts and the disastrous effects of their potential rupture or enlargement, all of which would be made much worse without Mr. Garcia’s presence in the United States.  Thus we established that every consequence of Mr. Garcia’s potential departure from the United States would bring about significant and extreme hardship to both his immediate family and extended family as well. We proved that it would result in devastating health problems for his wife and in-laws in addition to bringing about emotional pains and financial sufferings for his family. Ultimately, we proved that the social, financial, and familial ties for Mr. Garcia were simply too strong to break apart; if they were broken, extreme hardship for the family members would be sure to occur.   Outcome   We filed the petition on June 16, 2015 and was approved on August 24, 2015 without any request for evidence. Our client was extremely grateful as he could continue living a blessed and joyful life with his family.  *Name has been changed to protect client identity.

Mexican national with a U.S. citizen wife and child applies and is approved for an Unlawful Presence Waiver. We proved that denial of a waiver would lead to health problems for the wife, devastate familial ties, and hinder the growth of their child, constituting extreme hardship.

       SUCCESSFUL EB-2B CASE   • Applicant: Researcher in Digital Communications • Nationality: Taiwanese (Republic of China) • Degree: Ph.D in Electrical Engineering • Scholarly Works: 7 Chapters Spanning 3 Books, 16 Journal Articles, 39 Conference Papers • 25 Conference and Symposium Invitations • Received 23 Government and Industrial Grants • Chosen as Reviewer for Several Journals and Conferences • Applying for: EB-2B Exceptional Abilities classification and National Interest Waiver • Challenges:   o Only a member of 1 professional association   o Self-Sponsored, did not have an employer in the United States who guaranteed work   o Only third party documentation was recommendation letters  Dr. Yang* came to Tsang and Associates in hopes that we would help him file for an EB-2B petition as an individual with exceptional ability with a request for a National Interest Waiver due to his knowledge of digital communications. Dr. Yang sought to come to the United States in order to conduct more extensive research in collaboration with top professionals, believing that in the United States, the opportunities for greater discussion and brainstorming would be more available. If he was unable to come to the United States, then his research aspirations would be extremely limited, ultimately not reaching the scope of which he is capable. We at Tsang and Associates assisted Dr. Yang file his EB-2B petition with a request for a National Interest Waiver on June 30, 2015 and it was approved on June 24, 2016 without any additional request for evidence.   Keys to Success    How we proved the Requirements for a National Interest Waiver   Initially, we felt comfortable with the number of scholarly works attached to Dr. Yang’s name, clearly an impressive array. However, greater concern was felt with the lack of professional associations of which Dr. Yang was a part, his lack of immediate employment, and also because his skill, digital communications, did not connect directly to an area of national-interest such as healthcare, education, or working conditions. According to the United States Citizenship and Immigration Services requirement, we had to prove that:   1) Dr. Yang planned on working in the U.S. in an area of substantial intrinsic merit   2) The proposed impact of Dr. Yang’s work was national in scope   3) Waiving the labor certification requirement would benefit the national interest of U.S.  In order to tackle these requirements of a national interest waiver, we had to first establish the connection between Dr. Yang’s work in the field of digital communications and the national interest of the United States. Though not immediately recognized, we were able to connect Dr. Yang’s research in the field of digital communications to the U.S. national economy. Most recently, he had been conducting research examining the quality and speed at which smart phones transfer data when the surrounding environment doesn’t have strong wireless reception as well as looking into 5G systems, going beyond 4G. We were able to connect this research to the benefits that it would have on the internet as a whole and using numbers and statistics, demonstrated that improvements made in the internet, especially the data transfer quality and speed of which Dr. Yang was studying, would increase e-commerce in the United States and ultimately help create jobs as technological advances are made. We proved that Dr. Yang’s research strongly contributed to the economic well-being of the United States and the potential growth that could result, establishing the national scope of Dr. Yang’s work. We even asked his peers and colleagues to write letters of recommendation detailing Dr. Yang’s vast impact and significance of his work.  Moreover, by introducing Dr. Yang’s numerous publications, presentations, and groundbreaking research we set him apart from those needing the labor certification process. We showed that he had dedicated his life to this research and furthering the understanding of digital communications. In addition, using a personal statement from Dr. Yang and citing his various achievements and publications, we proved that should he be admitted into the United States, he would be sure to continue his work in this capacity.   How we proved the Requirements for EB-2B Classification   Further, in order to fulfill the requirements for the EB-2B classification, we had to provide evidence to establish at least three of the following:  1) Official academic record showing that Dr. Yang had a degree of learning relating to his    area of exceptional ability  2) Letters documenting at least 10 years of full-time experience in Dr. Yang’s occupation  3) License to practice Dr. Yang’s profession or certification  4) Evidence that Dr. Yang commanded a salary for services demonstrating exceptional ability  5) Membership in a professional association  6) Recognition for achievements and significant contributions by peers, government entities,   professional or business organizations  In addition, we had to establish the final merit, meaning that just fulfilling at least three of the requirements did not guarantee approval.  We felt that Dr. Yang’s case was rather promising due to his outstanding achievements and accomplishments. We first brought forth comparable evidence detailing the quantity and quality of his journal articles, conference papers, and books, even showing that Dr. Yang had several journals with a calculated Journal Impact Factor of greater than 2, which was the base for being considered extremely influential. More importantly, we were able to distinguish Dr. Yang’s contributions from his research partners in noting that Dr. Yang was the first author on many of the publications, meaning that he wrote the most of the substance in the paper. In tackling the list of requirements, we easily demonstrated that Dr. Yang fit the bill for the first two, simply by providing a copy of Dr. Yang’s Ph.D. in Electrical Engineering from the University of California, Davis and also by showing through an employment verification letter that Dr. Yang had been a professor at the National Taipei University of Technology in Taiwan for 22 years in the field of digital communications. In addition, even though Dr. Yang was only a member of 1 professional association, the Institute of Electrical and Electronics Engineers, we focused on its role as the largest technical professional association in the world, noting its significance and network of connections.  In order to assist in proving exceptional ability, we tracked down many of Dr. Yang’s peers and experts in his field to write letters of recommendation detailing Dr. Yang’s work and his major and original contributions to the field of digital communications. We also highlighted the 23 governmental and industrial grants given to Dr. Yang to further his esteem and respect within the community.  As a whole we proved that Dr. Yang had reached heights in his field unparalleled by many. After gathering all the supporting documentation establishing Dr. Yang’s exceptional ability relative to his peers, we submitted the EB-2B petition with a National Interest Waiver on June 30, 2015.   Outcome   Dr. Yang’s petition was approved on June 24, 2016, allowing Dr. Yang to continue to pursue his outstanding research in the United States for the benefit of the nation.  *Name has been changed to protect client identity.

A self sponsored researcher in the field of digital communications applies for EB-2B classification and a National Interest Waiver. We connected his digital communications contributions to the growth of the United States economy and highlighted the esteem and respect he gained in his scientific community.