EB-1C Approval for a Successful Executive after Two RFEs -- Immigration Lawyers in Silicon Valley, New York, Los Angeles, Chicago, Houston, Seattle and Austin

EB-1C Approval for a Successful Executive after Two RFEs

Mr. Mark is from a European country and came to the U.S. in 2012 to work as an executive with L-1A visa. In September 2012, he contacted us for a free evaluation of the feasibility of his filing an EB-1C application.

As we know, EB-1C was created for managers and executives who meet the L-1A non-immigrant standards and are interested in becoming lawful permanent residents. L-1A status is offered to those intercompany executive or managerial transferees that will be coming to the United States only temporarily. Therefore, the major difference between L-1A and EB-1C is the permanent nature of the EB-1C visa. Although L-1A status is not a prerequisite for immigrant benefits in this category, an immigrant petitioner will have a stronger case for the EB-1C immigrant category if they were in L-1A status prior.

Attorney Jerry Zhang carefully reviewed Mr. Mark’s background and thought that he was qualified for an EB-1C. After a few rounds of email communications, Mr. Mark wanted to meet Attorney Zhang in person to discuss more details about his possible application. In late April 2013, right after they met in our Los Angeles offices, Mr. Mark retained us for EB-1C application.

His EB-1C case was assigned to Attorney Yazhou Wang. In the following month, our firm worked diligently with Mr. Mark to obtain and revise the documents required for his application. Only one month later, in late May 2013, we submitted Mr. Mark’s EB-1C petition to the USCIS.

However, Mr. Mark’s application process was not smooth. In late November 2013, USCIS issued an RFE questioning Mr. Mark’s detailed job descriptions and the position in the company organizational chart in the US subsidiary and the oversea parent company. Basically, the USCIS questioned if Mr. Mark’s position was qualified as an executive or high level manager that meets the EB-1C requirements. Since Attorney Yazhou Wang was on a long vacation then, Attorney Jerry Zhang asked Attorney Fei Bao to respond the RFE.

Attorney Fei Bao reviewed the whole application package, advised Mr. Mark to prepare the required documents. The she prepared the RFE response letter. In later December 2013, we mailed the RFE response package to USCIS.

60 days after the RFE response, we conducted the case status inquiry with USCIS per Mr. Mark’s request. Unfortunately, about 4 months after the first RFE response later, USCIS issued another RFE in mid-April 2014. In the second RFE, USCIS questioned about the person who is supervising the daily operation of the oversea parent company as Mr. Mark was the CEO and co-founder of the parent company and also questioned about the current organizational chart of the oversea parent company. Again Attorney Fei Bao helped Mr. Mark prepare the documents and responded the second RFE to the USCIS only a week later.

During the two RFE response processes, Attorney Fei Bao advised and guided Mr. Mark through the process and discussed with him many times regarding how to enhance the documents to meet the USCIS’s requirements and to avoid weakness and unnecessary details that may get the USCIS officer confused.

The case was eventually approved in mid-May 2014.

Mr. Mark joyfully sent emails to Attorney Fei Bao and expressed sincere thanks for our professional service and retained us for I-485 application.

We wish Mr. Mark the best of luck in his future life in the U.S.

If you are interested in filing an NIW or EB-1 petition but are not sure if you are qualified, please contact us at info@hooyou.com. Attorney Jerry Zhang will provide you with a free evaluation.

*In order to protect our client’s privacy, all identification of Mr. Mark’s information relating to this case has been changed.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past eighteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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Tel: 1-800-230-7040, 713-771-8433
Email: info@hooyou.com
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