Making the Impossible Possible and Simple: Approval after Denials & RFEs (part II)

Making the Impossible Possible and Simple:  Approval after Denials & RFEs  (part II)

Victoria Chen, J.D., Esq.

CASE TWO – SAP MANAGEMENT & CONSULTING (EB-1A & EB-2 NIW)

Similar to case one, case two also concerned a foreign professional who decided to retain the services of Chen Immigration Law Associates following his receipt of RFEs for both his EB-1 and EB-2 cases and understandable dissatisfaction with the original attorney on record.  Additionally, since this client was also from India, and intended to travel internationally and nationally within the United States due to business necessities, it was likewise vital that he receive a first-preference visa approval (EB-1), rather than a national interest waiver under the second-preference category (EB-2).  However, in contrast to case one, this case deals with a SAP business professional in the field of supplier relations management and business process consulting. And while the client did not receive multiple denials prior to filing with us, he was under several constraints considering the international nature of his business endeavors and temporal employer relations at the time of filing.  Therefore, despite the unavailability of EB-2 National Interest Waiver (NIW) visas for foreign nationals from India, we decided it would be in the best interest of the client to respond to both of the RFEs on record with the USCIS.

 

After performing a comprehensive review of the client’s qualifications, the original petition cover letters, and the RFE letters received, it became evident that client’s qualifications and overall case were grossly understated and inappropriately emphasized under both self-petitioning categories.  To our dismay, we discovered that the client was the one responsible for compiling an “extended resume” and exhaustive summaries (over 60 pages in length) of his qualifications and pertinent contributions to the field, which was eventually and actually submitted to the USCIS along with a condensed version of such in the form of a petition “cover letter” compiled by the original attorney on file.  In this manner, the bulk of the work was left to the client, charging him with the duty to investigate and describe those qualifications and contributions which he felt conducive to Green Card petition approval.  With no offense or degradation to the knowledge or intelligence of our client or any others charged with similar duties throughout their applicative involvement in the Green Card process, it is easy to see where this case, along with others similar in nature, can quickly begin take inefficient and unproductive pathways in case preparation procedures.

 

Therein, similar to the expertise of our client (business process consulting), we sought to remedy and redefine the internal processes by which the case could become profitable and successful, resulting in a transformed and substantially bolstered end product.  Leaving the client to focus on his professional endeavors, we were able to reinvestigate the client’s qualifications, clarify the client’s specific field of endeavor, present the highlights of his background and achievements, and claim several regulatory criterion with evidence that had not been noted in the RFE and/or cover letter submitted by the original attorney.  For example, the RFE letter did not even acknowledge the petitioner’s Senior-level membership in IEEE, nor did it acknowledge the qualification or significance of a specific and important contribution the petitioner made through the review of an industry manual.

 

Accompanying these enriched elucidations with the acquisition of letters from new independent expert witnesses, we provided the USCIS with substantiating evidence to demonstrate the immense influence of the client’s business achievements throughout his specialized practice both internationally and nationally.  Although the client had notable witness letters on file, our strategic selection of new references to provide improved testimonials and explanations of the client’s contributions in an overarching international context dramatically outweighed those previously submitted to the USCIS by way of focusing on the most important qualifications and realigning these emphases with the client-tailored strategy for case approval.

 

Herewith, the USCIS does not accept the ‘excuse’ of intimately-held knowledge of contributions for business professionals, but rather extends the reasonable admission that intellectual property (IP) considerations are a common practice in business-based self-petitioner proceedings.  Therefore, by highlighting and detailing the contributions of the petitioner to the best of our ability, rather than merely hiding behind the shield of IP law in business, we successfully advised the USCIS to approve the petition via providing pertinent and underscored descriptions surrounding the highlights of the petitioner’s qualifications and contributions in the field to international corporate entities without overstepping the bounds of professional courtesy and closely-held trade secrets.  Respecting our redefined and unambiguous presentation of the facts and details of the case, the USCIS approved the client’s petition under both categories after just two months of receiving our response to the RFEs.

 

 

Relying on our inundated principles of advisory-based petition consul, adherence to the accurate portrayal of factual and statutory comparisons, and dedication to in-depth surveyances of clientele qualifications, we at Chen Immigration Law Associates seek to provide unwavering guidance and support in Green Card proceedings, recognizing that service, above all, trumps authority.  In attribution to the success of our principled-approach, and in provision of the ultimate reward of our work, the client in the aforementioned proceedings remarked,

 

“Today, Victoria, is the best day of my life.  You have made my life, and I will forever be grateful for your services.”