Ms. Balvinder Kumar
bnr-2

Immigration Visas H1, L1, & O

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)

Application Steps

Evidence

Step 1: Employer Submits LCA to DOL for certification.
The employer must apply for and receive DOL certification of an LCA.

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:

  • The employer will pay the beneficiary a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working.
  • The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.

 

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.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification

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

  1. The job must meet one of the following criteria to qualify as a specialty occupation:
  2. Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  3. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  4. The employer normally requires a degree or its equivalent for the position
  5. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
  6. The job must meet one of the following criteria to qualify as a specialty occupation:
  7. Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position
  8. The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree
  9. The employer normally requires a degree or its equivalent for the position
  10. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

 

Applicant Criteria:

  1. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  2. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  3. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
  4. Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation
  5. Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment
  6. Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

 

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:

  1. Articles of incorporation showing common ownership of the U.S. and foreign entities
  2. Business licenses or other documents showing common ownership of the U.S. entity
  3. Annual reports describing the corporate structure
  4. Contracts or other documents detailing the affiliate relationship
  5. Corporate filings in the United States or abroad describing the corporate relationship
  6. Any other evidence demonstrating ownership and control over the U.S. and foreign entities (i.e., stock purchase agreements, voting rights agreements, capitalization table, term sheet)

 

Notes:

1) If you are filing as an affiliate, provide:

  1. A detailed list of the owners of the foreign and U.S. companies, including the percentage of ownership, along with supporting documentation.
  2. An affiliate is defined as one of two subsidiaries owned and controlled by the same parent or individual, or
  3. The same group of individuals, each owning and controlling the same share or proportion of each entity.

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:

  1. Owns, directly or indirectly, more than half the entity and controls the entity, or
  2. Owns, directly or indirectly, half the entity and controls the entity, or
  3. Owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity, or
  4. Owns, directly or indirectly, less than half of the entity, but in fact controls the entity

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:
•Pay stubs
•Payroll records
•Tax returns that show employment
•Evidence of work product

 

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
•Patents or other evidence of the company’s technology, products or services that are based on your work
•Performance reviews
•Loans/financing on behalf of the company
•Organizational job descriptions for your position and those positions that reported above and/or below you, if applicable
•Resume describing your job accomplishments

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:
•Signed lease agreement
•Mortgages or other proof of real estate purchase
•Business plan, marketing materials, or other descriptions of the business connecting the activity of the business with the space acquired

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:
•Purchase orders, contracts or other evidence of commercial activity
•Payroll records for employees hired
•Bank statements
•Financial reporting documents showing monthly income
•Continued venture capital or other third party investment contribution based on achieved milestones
•Media coverage of the business
•Position descriptions providing the roles and responsibilities of all current employees, or other evidence which clearly demonstrates how the manager or executive is relieved of non-qualifying duties

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

General Criteria

Evidentiary Criteria

  1. General – To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

 

  1. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.
  1. Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

 

  1. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

 

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: 

  1. Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  2. Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
  3. Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
  4. Original scientific, scholarly, or business-related contributions of major significance in the field
  5. Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
  6. A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
  7. Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
  8. Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
  1. If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish eligibility.

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: 

  1. Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
  2. Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
  3. Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
  4. A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
  5. Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
  6. A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

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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Clients Speak
Gagandeep Singh
I have dealt with Balvinder Kumar, Barrister, Solicitor, & Notary Public for my Real Estate Law and Incorporation matters and I find her knowledge and efficient service in these matters extraordinary. I will not hesitate recommending her for a real estate lawyer and any other legal service she is providing. Thanks and appreciate your help in my legal matters.
Jim
We enjoyed meeting with you today and finalizing this very important aspect of our family clarity of our wishes in case of serious health issues such as loss of capacity to manage family affairs and death. My procrastination in keeping these documents made it difficult for my family to access funds necessary to keep our affairs in order. Thanks for your help in making these issues easy to understand and removing the stress caused by the lack of clarity.
Selvin
Balvinder is an exceptional Real Estate Lawyer. I have been recommending my clients to BK Law for a few years now and my clients have been extremely satisfied. Balvinder has always responded to all questions that my clients or I have in a timely manner and has promptly responded to phone calls, emails and text. It has always been pleasure working with Balvinder