THIRD TIME’S THE CHARM

May 30, 2019
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Mr. Lee is a world-renowned leader in the medical device and intelligent home industry.  As the general manager and founder of his company in China, he wanted to make a difference in the lives of the elderly. He found that most of the existing family nursing beds had simple functions and were only capable of adjusting the users’ backs, hips or legs, in addition to being expensive. To improve on such limitations, he provided a type of intelligent household nursing bed that was capable of adjusting the heads and legs of the users, improved adaptability to modern mechanical design theories, and was safer, lighter, and more cost effective. Mr. Lee also had numerous other innovations and high-quality products in the medical device and intelligent home industry.

Due to his extraordinary abilities and accomplishments in the field, Mr. Lee approached attorney Alex Park from the Law Offices of Deacon Zhang to help him file his EB-1a petition.  As a pioneer in the field, Mr. Lee had written articles about his work in industry journal publications; he had provided his services as a judge and industry expert by doing reviews and evaluations for companies and organizations; there were articles written about him in major and professional media; and he played a leading and critical role as the general manager and founder of his company.  Based on such achievements, we filed Mr. Lee’s EB-1a case using premium processing claiming those categories.  

The case, unfortunately, was assigned to a difficult immigration officer at the Texas Service Center, and it was ultimately denied after a Request for Evidence (RFE) was responded to.  While the officer indicated that at least 3 of the 10 criteria were met, the officer decided that Mr. Lee’s accomplishments did not satisfy the final merits determination.  

Confident in Mr. Lee’s case and undeterred by the denial, we decided to re-file Mr. Lee’s case a few months later, again using premium processing.  While a different officer was assigned the case, an RFE was issued largely due to a question regarding one of the documents submitted.  Due to a recent change in the database and numbering system, the officer was unable to verify one of the documents provided by the client.  Although there was a legitimate explanation for the perceived error, the client felt uncomfortable responding to the RFE for fear that the immigration officer already casted doubt on the case.  As a result, Mr. Lee specifically requested that we withdraw the case and find another solution. 

In order to avoid the risk of the previous two officers getting assigned Mr. Lee’s case, we filed Mr. Lee’s EB-1a petition a third time.  However, we decided to use regular processing during the initial filing.  The client also requested that the previous document be omitted in order to avoid any confusion.  Upon receiving the receipt notice, the case was upgraded to premium processing.  Six days later, the case was approved without an RFE. 

Mr. Lee was overjoyed with the approval of his case and the diligent, high-quality service we provided.  Mr. Lee, Attorney Park, and the Law Offices of Deacon Zhang were not fazed by the challenges that were thrown their way, and their persistence was greatly rewarded. 

Should you retain the Law Offices of Deacon Zhang, a highly experienced attorney will work with you and provide the most effective strategies to get your case approved.  Although we are often times at the mercy of the immigration officer’s discretion, the Law Offices of Deacon Zhang will help you to submit the best and strongest case possible to maximize your chances of success. 

Contact information:

Silicon Valley Office:19925 Stevens Creek Blvd., Suite 100, Cupertino, CA 95014. (408)-725-7525

City of Industry Office: 17700 Castleton Street, Suite 402, City of Industry, CA, 91748. (626)-346-0909

Orange County Office: 8 Corporate Park, Suite 230, Irvine, CA 92606. (949)-250-1688

Arcadia Office: 150 N. Santa Anita Ave. Suite 300, Arcadia, CA 91006. (626)-888-6692