Li Hing of Hong Kong, Inc., and Yee Lee Soon v. Burton Levin, Counsel General of the United States of America for Hong Kong

J. BLAINE ANDERSON, Circuit Judge:

Li Hing of Hong Kong, Inc., a California corporation, sought to transfer its employee Yee Lee Soon from Hong Kong to the United States. It filed an L visa petition on behalf of Soon with the Immigration and Naturalization Service (INS) pursuant to 8 U.S.C. § 1184(c). The District Director of the INS approved the petition and forwarded it to Burton Levin, the United States Consul in Hong Kong, for his consideration. Levin denied the visa pursuant to a decision that Soon was ineligible for a visa under 8 U.S.C. § 1184(b), to wit: that Soon was presumed to be an…