Mr. L is the general manager of a Chinese logistics company. When he submitted a 1-year L-1A application for a new company after establishing a branch in the United States, his application was denied by USCIS. A friend introduced him to MPLG. After careful planning, analysis and material sorting of the case by MPLG immigration experts, a second submission was approved. After two years of preparation and reviewing, MPLG successfully helped him to obtain L-1A visa renewal and EB-1C I-140 approval.
EB-1C is an immigrant visa established for senior managers or executives of multinational companies. The eligibility criteria are: 1) Chinese companies are associated with U.S. companies; 2) The beneficiary has served as an executive in a Chinese company for at least one year; 3) The U.S. company has operated for at least 1 year; 4) The applicant is or will be a senior manager or executive manager of a U.S. company. Mr. L meets the above four criteria.
The eligibility criteria seem easy, but for immigration lawyers who have done a lot of Eb-1C cases, they all know that USCIS has requirements for the business scale of enterprises in China and the United States. Although the turnover and employment requirements are not listed in the law, in the actual application process, many applying companies are denied because of their small business scale.
Mr. L's Chinese company is of average scale, with yearly revenue of tens of millions of RMB and dozens of employees; After two years of operation, the U.S. branch has less than 10 employees and less than 3 million dollars of turnover. Mr. L’s conditions are not ideal, which increases the difficulty of application. The company is small in scale and small in turnover. Why do they need to send senior executives? What is the development prospect of the company? How do we assuage the doubts of immigration officers on these "obvious red flags"?
MPLG immigration experts started from discovering the company's business advantages. Through many communications with customers, we learned about the company's development prospects, market positioning and competitors. We were surprised to find that although this logistics company is small, its business provides unique services and exhibits high market competitiveness, that is, they are good at the transportation of special equipment. After years of hard work in the industry, the small logistics company has developed multiple routes from China to Africa, Europe and South America, covering land, river and sea transportation, which can transport oversized and overweight machinery and equipment to all parts of the world. This is a difficult area that super-large logistics companies are unwilling to do. Large logistics companies usually can only cover one section of the route, rather than providing "door-to-door" logistics services like our client.
After learning about the previous business cases and projects of the logistics company, MPLG immigration attorney highlighted the transportation difficulties and special technologies of the company. At the same time, through a large number of market data surveys on the logistics and transportation industry in the United States, MPLG proved with powerful facts and data that this logistics company can completely fill the gap in the logistics market in the United States, help U.S. equipment manufacturers to transport their products to Asia, Africa and Latin America.
MPLG's attorney’s memorandum and the logistics company’s detailed U.S. business plan finally convinced the immigration officer. A logistics company with unique technology and resources can not only fill the gap in the U.S. market, but also has considerable development prospects. In addition, the registration and actual operation of the company are located in Texas, the manufacturing center of the United States, which makes the immigration officer believe that its U.S. company has a promising development potential in the U.S. market.
As we all know, executives who lead companies that are with unique advantages and that are on the rise must be excellent leaders. Mr. L, as the general manager of the Chinese and U.S. companies, according to our attorney's suggestion, submitted a large amount of daily work evidence, proving that the company was developed under his leadership and that he has rich industry experience. This evidence makes the immigration officer believe that he can lead the U.S. companies well, and the U.S. companies need such executives to develop business in the U.S. market.
Finally, Mr. L's EB-1C application was successfully approved without a request for evidence. This case clearly shows that the evaluation of immigration officers on such applications focuses on 1) whether they have created or will be able to create more jobs or taxes for the United States; 2) Whether the number of employees can support the "three-tier" management structure is not the focus. The focus is on whether the applicant has sufficient management ability, and whether no one can replace him/her in the United States in the short term.
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