L-1B

SUCCESSFUL L-1B RFE CASE

  • Petitioner: LCD Electronics manufacturing

  • Industry: Electronics

  • Beneficiary: Mr. Mamat

  • Position: Field Applications Engineer

  • Nationality: Malaysian

  • Age: 26

  • Applying for: L-1B Intracompany Transfer (Specialized Skill Workers)

Challenge:

·         Because of political considerations, new Administration had increased L-1B denial rate.

·         Client was only 26 years old and had graduated college only three years previously.

·         Had limited work experience of only about two years, with all of his work history at the petitioning company.

·         Regulations require that the Beneficiary was filling a position that an American citizen could not easily fill. However, his work experience was similar to that of a standard engineer.

An Electronics Company enthusiastically sought to bring Mr. Mamat* to their American branch office through an intracompany transfer for an L-1B visa, specifically a worker with “specialized knowledge”. New Trump administration policies had brought increased challenges to L-1B category, with a significantly higher standard to meet in order to prove the beneficiary possesses specialized knowledge. Indeed, the standard for L-1B had always been high, and cases were now being denied that were otherwise quite strong. Recognizing the difficulty and growing denial rate of L-1B petitions, especially after the policy changes implemented by the new administration, the petitioner came to Tsang & Associates for assistance in putting together a winning application on behalf of Mr. Mamat.

This case was not particularly straightforward, as Mr. Mamat was only 26 years old and had graduated from college no more than three years previously. With such a short resume it would be difficult to demonstrate that he possessed specialized knowledge. Additionally, his training and proposed job duties were merely in line with that of a standard engineer. However, it is critical to demonstrate that an L-1 beneficiary is filling a position that a US citizen could not fill on their own. We filed the L-1B application in July 2017 with a persuasive presentation of his credentials as an intracompany transferee of specialized knowledge. Our challenge here was to prove that Mr. Mamat possessed specialized engineering knowledge that was essential to the company. In order to overcome these challenges, we needed to show that what he had learned in his position at the overseas company was vital to the success of the US subsidiary petitioning him.

KEYS TO SUCCESS

In order to ensure success, it was important for Tsang & Associates to be as detailed as possible. It was especially important to demonstrate Mr. Mamat’s qualifications, especially in respect to his importance to the company. This was critical because the regulations require demonstrating why his work could not easily be performed by an American citizen. This entailed meeting two goals. The first is to explain Mr. Mamat’s work history and value to the company, the second was to explain why only he could perform this job in the United States. Mr. Mamat has been with the foreign entity in Hong Kong for six years, joining the Hong Kong office in July of 2011 in the Department of LCM Design and Development as an Engineer, before being promoted to Senior Engineer with the RFQ Engineering Department. In order to prove that he held specialized knowledge, we produced and explained documents demonstrating that Mr. Mamat worked extensively on many large-scale projects, with tasks ranging from preparing the important Bill of Materials for quotation, to managing projects on the factory floor to ensure the product’s strict adherence to the client’s needs. We assisted in the drafting of company letters from both the Hong Kong and US companies detailing that Mr. Mamat had been tasked with handling a large number of important European and American automotive clients, working closely with both the client and the company engineers to design solutions for client demands. Accordingly, we were able to argue that his transfer came as a natural progression of his steady and expanding range of responsibilities and expertise, and that as a talented engineer for the company he had attained an unrivaled familiarity with the company product line.

We used company documents to demonstrate that any adjustments to be made to the products in the United States needed to adhere to US quality standards, while maintaining industry low costs, and that Mr. Mamat was the only person who was in a position to oversee this for the company. We were able to demonstrate this for two reasons; first was that his special knowledge could only be attained through prior experience in the company, that it was of a highly technical nature, that it could not be easily transferred or taught without significant inconvenience, and that he had been employed in a capacity involving assignments that had significantly enhanced the employers competitiveness, and that he had knowledge of a foreign operating conditions that was of significant value to US operations. We broke down each one of these categories and painstakingly demonstrated how he met each one. Just as importantly, is was important to argue why his knowledge and skill was not readily available in the job market. We were able to establish this by drafting letters from the company arguing that his knowledge was company-specific, and therefore was not available outside the company. Additionally, in order to strengthen the point, we argued the Mr. Mamat’s work period at the foreign company was necessary for attaining his specialized knowledge of the company products, and that to hire another person for the US position would take another year of training. We argued and demonstrated that obviously, this would be a massive burden to the US corporation

Secondly, we had to prove that the company structure qualified for the transfer, and that there was a qualifying relationship between the US company and the Hong Kong company. We produced documents, and developed a new organizational chart and company letters, that detailed that each of the two entities were in turn owned by septate entities which were in turn owned by one common owner, therefore establishing that Mr. Mamat qualified for the transfer.

OUTCOME

The USCIS deemed our submission to be beyond satisfactory and approved the case within a month. Today, Mr. Mamat happily works in the US as an engineer of specialized knowledge. We filed the petition in December 2017, and we received an approval about a month later after answering a request for evidence. Mr. Mamat and his employer were ecstatic at the approval of his case. They felt that the challenges in this case may have been insurmountable. With the approval, they have decided to retain Tsang and Associates for all future immigration petitions.

*Name has been changed to protect client identity.

 

       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.

After receiving a Request for Evidence regarding an L-1B Intracompany Transfer for Specialized Skill Workers, we proved that our client's accounting skills were indeed sufficient qualification for his proposed duties in the United States. We showed the uniqueness of his knowledge and his extensive experience with  vital company specific software.