Immigration Visas H1, L1, & O
We advise clients on H1, L1, and O US visas. Our strength lies in evaluating the eligibility of our clients and using evidence based process to highlight their strength in areas of science, technology, business and entrepreneurship to get the desired results. For pre-qualified candidates, we give a conditional guarantee for return of portion of their prepaid attorney fees
H1-B (Workers in Specialty Occupation) |
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Application Steps |
Evidence |
Step 1: Employer Submits LCA to DOL for certification. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. The application requires the employer to attest that it will comply with the following labor requirements:
Step 2: Employer Submits Completed Form I-129 to USCIS. The employer should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS Service Center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129 for additional filing requirements. Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. This process is a very intricate and requires close understanding of science faculties. Due to our attorney’s diversified experience in technical, scientific, engineering and entrepreneurial areas, we can help you prepare documents that meet the evidence required. See our partial fee protection for others. |
Job Criteria
Applicant Criteria:
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L1-A – Intracompany Transferee |
Evidence& Criteria |
The petitioning U.S. entity must have a qualifying relationship with your entity abroad. How to demonstrate the qualifying relationship? Some of the evidence you may submit to show that your new U.S. business has the requisite corporate relationship to your overseas employer includes:
Notes: 1) If you are filing as an affiliate, provide:
2) If you are filing as a subsidiary, provide a detailed list of the owners of the foreign and U.S. companies, including the percentage of ownership, along with supporting documentation. A subsidiary is an entity of which a parent:
3) If you are purchasing an existing business, provide a copy of your stock purchase agreement and/or any other relevant documentation. How do I demonstrate that I have worked the required amount of time abroad? Some of the evidence you may submit to document your overseas employment for 1 out of the last 3 years includes:
How do I show that my overseas employment was in a qualifying capacity? Some of the evidence you may submit to demonstrate that your overseas employment was in a managerial, executive or specialized knowledge capacity includes: •Organization charts showing your position Evidence No. 2: Sufficient physical space must be secured for a new office. How do I prove that the new U.S. office has sufficient space to do business? When filing for the purpose of opening a new office in the United States, some of the evidence you may submit to demonstrate sufficient physical space for the new U.S. office to do business includes: Evidence No.3: A new office must be active and operating within one year after the L-1’s admission to the United States if requesting an extension of stay. The “new office” L-1 visa is meant to facilitate a “ramp up” period for a new U.S. office of a foreign entity. This period is limited to one year. After that time, an extension of the L-1 visa is available if the new office meets this requirement. What makes an office active and operating will differ depending on the nature of the business. Typically it will involve factors such as hiring additional employees, fulfillment of contract orders, having a revenue stream, or holding inventory, if applicable.
Evidence No. 4: After 1 year, the new office must support a managerial or executive position if you are requesting an extension of stay in the L-1A classification.
While a new office may be opened on an L-1 visa by someone working within your organization in a managerial, executive or specialized-knowledge capacity, after one year the office must be sufficiently active to support a manager or executive. During the first year ramp up, a manager or executive may be required, as a practical matter, to engage in many “hands-on” tasks that go beyond inherently managerial or executive tasks. After the first year, however, the manager or executive will be required to focus primarily on managerial or executive tasks in order to obtain an extension of the L-1 visa. After one year, how do I demonstrate that the new office is fully functioning and that it will support my role as a manger or executive?
Some of the evidence you may submit to demonstrate that the new office is fully functioning includes: L1 visa process is an evidence based system requiring understanding of finance, organization structures. Due to our attorney’s diversified experience in technical, scientific, engineering and entrepreneurial areas, we can help you prepare documents that meet the required criteria.
The new U.S. office must have a corporate relationship with your foreign entity abroad where you have been employed as a manager, executive, or worker with specialized knowledge. This means that the new U.S. office must be a parent, affiliate, subsidiary or branch of the foreign entity, and that both the U.S. office and the foreign entity must continue to share common ownership and control. |
O : Extraordinary ability in science, education, business or athletics |
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General Criteria |
Evidentiary Criteria |
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Evidentiary Criteria for O-1A Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:
Evidentiary Criteria for O-1B Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least (3) three of the following:
If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry). |
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