It goes without saying that the H-1B visa is one of the most popular visas available. It's easy to see why this is the case when you consider the relatively simple eligibility requirements, the long duration of stay, and the visa's portability. The H-1B cap, on the other hand, is a major impediment to obtaining this visa. This article will explain why the H-1B visa has an annual cap, how it works, and what you should do if you are chosen.
The H-1B Cap's Timeline
The H-1B cap is a numerical limit imposed on the number of foreign workers authorized to work in the United States under H-1B status each year. The Immigration Act of 1990 established the H-1B cap. The act was intended to allow non-immigrant visa participants to be employed by a US employer. The cap was implemented on October 1, 1991, and reached its peak of 65,000 in 1997.
The American Competitiveness and Workforce Improvement Act (AC-21) of October 1998 sought to raise the cap in order to meet U.S. hiring needs. The act was passed, temporarily increasing the number of available H-1B visas from 65,000 to 115,000.
The quota was increased to 195,000 by the 21st Century Act in 2000 to meet the increased demand for workers. This number, however, did not remain at 195,000; in 2004, the H-1B quota was reduced to 65,000 visas available.
The H-1B visa program
The cap was reached less than five months after the opening date in 2004. Since then, the cap has reached its maximum within months of being opened. The H-1B Cap currently reserves 6,800 of the 65,000 H-1B1 visas for citizens of Chile and Singapore. This is an exception because Chile and Singapore are included in the free trade agreement.
Any unused H-1B visas from the Chile and Singapore categories are carried forward to the following fiscal year. These H-1B visas are distributed during the first 45 days of the following fiscal year, allowing the USCIS to grant over 65,000 H-1B visas.
The Cap of the Master
Furthermore, anyone with a master's degree or higher (advanced degree) in their field will have their petition added to the master's cap. This is in addition to the 20,000 slot limit (essentially bringing the total cap to 85,000 available visas). Petitions for those with advanced degrees will be chosen from among all other petitions.
Those who are not chosen will be re-entered into the regular cap of 65,000, which will be reached later. This means that your petition will have two chances of being chosen. This is the only way to improve your chances of being selected under the H-1B cap.
The following are the three main requirements for the master's section of the H-1B cap:
You must hold a master's degree from a university in the United States. A nationally recognized agency must accredit that institution. Petitions The institution must be either public or non-profit. H-1B Cap exemption
There are several ways to be H-1B cap exempt. Employer in the United States falls into one of the following categories:
Institution of Higher Learning:
A non-profit organization associated with a higher education institution. Government or non-profit research organization Those who will work in Guam or the Northern Mariana Islands. (Valid until December 31, 2014). If the beneficiary has previously received an H-1B cap exemption, he or she will not be subject to the cap. The USCIS will continue to process the following with cap exemption:
Current H-1B visa holders may extend their stay in the United States.
The employment situation of an H-1B visa holder has changed.
H-1B visa holder changes jobs
H-1B visa holder collaborating with a second H-1B visa holder
Students with F-1 visas who want to file for an H-1B visa can apply for Optional Practical Training (OPT). This allows the student to work in his or her field for a year. Following the original 12-month period, there are two additional months of grace. The time and experience gained in the United States while on OPT can be useful when reapplying for an H-1B visa.
H-1B Cap Procedure
Your employer must file your H-1B petition during the cap window, which begins on the first business day of April of the year in which you wish to work. Because the USCIS will not accept your petition earlier, and the cap usually ends as soon as it is filled (if the cap is filled in less than a week, the cap will close 7 days later), you should submit your petition on April 1st.
Here's a quick rundown of what happens after the H-1B cap has been reached:
The USCIS monitors H-1B petition filings and determines when it has received enough petitions to meet the congressional cap. Once the date is determined, the H-1B petitions received by the USCIS on that date will be randomly selected by a computer. The 20,000 petitions will be chosen at random from those submitted to the master's cap. Those who did not make the cut will be re-entered into the regular cap. The 65,000 petitions for the regular cap will be chosen at random. H-1B petitions that are not selected by the computer generator will be rejected and returned, with a refund of the filing fees paid. Petitioners may resubmit H-1B petitions during the next available period (i.e. the next fiscal year). Any H-1B petitions received after the USCIS deadline will be rejected, unless the petition is exempt from the H-1B quota.
In some cases, a person may be better suited to apply for an L1 visa. While the two have significant differences, L1 visas and H-1B visas have some similarities.
Superior Processing
One frequently asked question is whether premium processing affects the H-1B cap. Premium processing is an optional service offered by the USCIS that allows most visas and green cards obtained through the I-129 and I-140 petitions to be expedited from a six-month average to only 15 calendar days.
While this may appear useful at first glance, there are several reasons why premium processing may not be as beneficial as you may believe:
Premium processing does not increase your chances of receiving an H-1B visa. If you are chosen for the H-1B cap, premium processing will not increase your chances of approval. During the H-1B process, strict deadlines must be met. You must file your petition in the first week of April, and you cannot start working until the first business day of October of that year, which is six months later. Even if your petition is approved in 15 days, you must still wait six months.
If you have been issued a Request for Evidence (RFE) and have a limited time to re-submit your petition, H-1B cap premium processing can be beneficial. Speak with your immigration attorney to determine whether premium processing is worthwhile.
If the USCIS does not process your petition within 15 calendar days after you have chosen premium processing, you should be issued a refund and your petition should be processed normally.
Furthermore, in the past, the premium processing service for the H-1B visa has been suspended so that those without it can be processed. Keep an eye on the USCIS website for the most recent information.
What Comes Next?
The USCIS will process your petition if it is chosen. Keep in mind that being chosen for the H-1B cap does not guarantee that your petition will be approved. It will first go through a preliminary process to determine whether your petition contains the necessary evidence and whether all of the information is accurate, consistent, and complete.
If it fails this test, it will almost certainly be rejected and returned to you with no refund. If this is the case, you may be able to simply correct the error or include the necessary evidence and refile the petition under certain conditions. However, you may be required to file in the following year.
If your petition is missing evidence, you may be issued an RFE. In that case, you should bring it to your immigration attorney so that a proper response can be sent within the time frame specified.
If your petition passes the first stage and advances to the second, it will be reviewed by an immigration officer to determine whether you and your employer meet all of the H-1B visa requirements. If it fails at this stage, it may be denied, which means you'll have to either appeal the decision or file a legal motion, neither of which should be done without the assistance of an experienced attorney.
However, if your petition passes this second stage, it will most likely be approved, and you will be able to begin working as an H-1B employee on October 1st of the year in which you applied. If you are outside the United States when your petition is approved, you may be required to attend a consular interview. Consult with your immigration attorney to determine whether you need a consular interview.
Submission Guidelines
To avoid outright denial, registration has only a few rules.
Your registration must be submitted between March 1, 2023 , at noon E.S.T., and March 18, 2023 , at noon EST. Outside of this time frame, USCIS will not accept registrations.
Each sponsor is only permitted to submit one registration for each beneficiary. If a single sponsor submits more than one registration for the same beneficiary, all of those registrations will be considered invalid and will be denied. A single sponsor, on the other hand, may submit registrations for multiple beneficiaries, and a single beneficiary may have registrations submitted by multiple sponsors.
Employer Documents and Information Required for Each H-1B Registration:
Name of the employer
FEIN of the company (identification number)
Employer contact information Business address
Contact information for the company's lawyer
Beneficiary Details The following documents are required for H-1B registration:
Name
Birthdate
Your home country and where you keep your citizenship
Number on a passport
Gender USCIS will also need the H-1B beneficiary's educational information, such as whether they have a master's degree or higher from a school in the United States.
When broken down, the H-1B visa 2023 -23 application process is relatively simple. Under the regular cap, USCIS chooses 65,000 registrations at random by computer. Under the advanced degree exemption, USCIS will select an additional 20,000 registrations. According to the Free Trade Agreement, 6,800 visas will be reserved for Chilean and Singaporean citizens.
How Will I Find Out If I'm Selected for the H-1B Lottery 2023 -2023?
When you view your registration online, you will notice one of four statuses associated with your case. They are as follows:
This simply indicates that you have successfully submitted your petition. Your status, however, may remain "submitted" until the end of the fiscal year. This indicates that USCIS is still considering your registration, but it has not been chosen or denied. Selected: Your H-1B 2023 lottery registration has been selected by USCIS, and the sponsor can file an I-129 petition after April 1, 2023 . To ensure the smooth processing of all cap-subject cases, USCIS may assign different filing deadlines to different registrants. The filing deadline will be indicated on the notice by USCIS.
This indicates that USCIS did not select your registration. Remember that all registrations that haven't been denied by USCIS will either be "Selected" or remain "Submitted" until the end of the fiscal year. As a result, if USCIS hasn't chosen your registration, you won't see "Not Selected" until October 1, 2023 . Denied: This occurs when a sponsor submits multiple registrations for the same beneficiary. In this case, USCIS will reject all registrations for this beneficiary submitted by this sponsor.
Keep in mind that after March 18, 2023 , all registrations will be marked "submitted." Some will change to "selected," "denied," or "submitted" around mid-March. If USCIS needs to increase the number of registrations for either cap during the fiscal year, it will choose from the "submitted" pool. The remaining "submitted" registrations will be changed to "not selected" after October 1, 2023 .
Order of the Master's Cap
The regular cap is conducted first by USCIS. However, because USCIS has all cap-subject registrations, including those for master's degree holders, some master's registrations are selected in the regular cap without entering the master's lottery. Following that, all unselected master's registrations will be entered into the master's lottery.
The Trump administration managed to carry out what judges determined to be unlawful policies for nearly four years, and the policies imposed high costs on employers, visa holders and the U.S. economy, likely contributing to more work and talent moving to other countries. — National Foundation for American Policy
For F.Y. 2020, Tech Mahindra, a large I.T. company, for example, saw a 30% rejection rate, Infosys saw a 58% rejection, and Cognizant, another major company, saw a 48% refusal rate. “In F.Y. 2019 and F.Y. 2023 during the Trump administration, USCIS held or delayed H-1B applications for many I.T. services companies, which would have inflated the number of approved H-1B petitions for those companies in F.Y. 2021.” Below, you can see which companies came out on top regarding H-1B approvals.
The registration for the highly coveted H1B visa lottery was conducted between March 1 and March 18, 2023 . While there is no official announcement made by USCIS yet, attorneys and petitioners are receiving email notifications to check their registration accounts for selection notices. A sample notification is posted below. The email is being sent from no-reply@uscis.dhs.gov to the employer’s and/or attorney’s email address that was used for registration. (Updated 3/28/22)
Overview of H-1B Visa Lottery 2023
The H-1B visa category was established by the government to allow skilled professionals with at least a bachelor's degree to work in the United States in fields such as computer science, architecture, medicine, dentistry, engineering, accounting, and others. Employers who want to file H-1B cap-subject petitions for the fiscal year 2023 -2023 cap, including those who qualify for the advanced degree exemption, must first register electronically and pay the associated $10 H-1B registration fee. Each employer is only allowed to submit one entry per H-1B employee. If their application is chosen, the employer must certify that they will file a complete H-1B petition.
Wage Level Selection Rule Is Withdrawn by USCIS for Fiscal Year 2023 -23
You may recall that the USCIS delayed the Trump administration's January 8th H-1B Lottery Rule, which sought to prioritize cap candidates at higher wage levels until December 31, 2021. The Biden Administration delayed the effective date until December 2023 in order to thoroughly review it, but after a legal battle, the government removed the rule entirely from the Federal Register. As a result, the H-1B 2023 lottery is based on a standard random selection process rather than a priority system based on wage levels.
What is the prevailing rate?
The prevailing wage is the average wage paid to employees doing the same or similar jobs. As with the H-1B visa, most employment-based visas require an employer to pay the prevailing wage as a bare minimum. Under the Occupational Employment Statistics (O.E.S.) program, the Department of Labor (D.O.L.) provides the prevailing wage figures that employers will use during the Labor Certification Application (L.C.A.) process.
Eligibility Specialty Occupation Requirement
To be eligible for the specialty occupation criteria, the H-1B job must meet one of the following criteria:
A bachelor's degree or higher, or the equivalent, is required for the position. The degree required for the H-1B job is considered standard in the industry. OR
Due to the position's complexity, it can only be performed by someone with a degree. Because the skills are so specialized, it is common for the employer to require a degree or equivalent for the position.
What if I don't qualify for the H-1B Visa Lottery 2023 ?
If you have determined that you are ineligible for an H-1B visa, consider applying for an H-2B visa or even an L-1 visa. An L-1B visa is a nonimmigrant visa option that allows employers in the United States and abroad to transfer personnel from foreign offices to operations in the United States for up to five years.
The J-1 visa could also be used as an option. The J-1 is not tied to a specific employer, but rather to a government-approved program. Students, doctors, counselors, and nannies are just a few of the many occupations that can benefit from this visa.
What exactly are Cap-Exempt Petitions?
A cap-exempt petition is one that has previously been counted against the cap by USCIS.
It could also be one that was used to extend or change the terms of an H-1B worker's stay in the United States. It is worth noting that the USCIS does not require that some positions with qualified workers be subject to the annual quota, even if the petitioner is already counted against it.
However, there are three major occupational categories that are considered cap-exempt from the start:
Jobs in a higher education institution
Positions in non-profit organizations affiliated with a higher education institution
Government Research Center Jobs
The existence of cap-exempt jobs may lead some to believe that they can simply petition under a cap-exempt job and then switch once in the country to avoid the annual cap.
It is important to note, however, that you must have that employer file another petition whenever you change jobs. If the employer is not exempt from the cap, USCIS will place the petition in the H-1B lottery. You will be unable to make this transfer if it is not selected or is denied. As a result, changing from a cap-exempt to a cap-subject petition to avoid the H-1B cap is not an option.
What Is the Process of Premium Processing?
Premium processing service allows for the expediting of an employment-based petition/application, usually within 15 days. The service charge is $2,500.00.
It is important to note that paying for premium processing only shortens the time it takes to process your I-129 petition. It does not make you cap-exempt or guarantee you a spot in the H-1B lottery for 2023 . If your petition is approved, your start date will remain October 1, 2023 , as with all other applicants.
Fees for H-1B visas in 2023 -2023
The fee structure changed from previous years with the implementation of the electronic registration system last year. To enter the H-1B 2023 lottery, employers only need to pay a $10 registration fee. However, if an alien is registered, their employer is responsible for the following fees:
However, if an alien’s registration is chosen, their employer will be responsible for the following fees:
Fee
Amount
Responsible for Fee
Registration Fee
$10
Employer
Premium Processing (optional)
$2,500
Employer or Employee
Public Law 114-113 Fee
$4,000
Employer
Basic Filing Fee
$460
Employer
USCIS Anti-Fraud Fee
$500
Employer
ACWIA Education and Training Fee
$750 (less than 25 employees) $1,500 (more than 25 employees)
Employer
Attorney Fee
Variable
Employer
Here’s one scenario to illustrate how the fee would be applied to a foreign I.T. firm.
Company X has more than 50 employees and has more than 50% of people on the H-1B visa. If they are filing for the H-1B visa with premium processing than they would be responsible for the base ($460), fraud fee ($500), training fee ( $1,500 if applicable), Public Law 114-113 fee ($4,000), premium processing fee ($2,500 if applicable), and attorney fee.
Remember that the Public Law fee is only applicable to employers with more than 50 employees. Also, more than half of those employees must be H-1B holders for the fee to apply. Speak with your immigration attorney to determine precisely which fees should be paid.
What to Do After Filing H-1B Petition?
Form I-797C, Notice of Action is issued by USCIS to communicate information pertaining to receipt, rejection, transfer, reopening or an upcoming appointment. should you be selected in the lottery. In the example below (disclaimer – names, IDs and personal information has been changed for privacy) you’ll see it has the title Fiscal Year 2023 Selection and then under it has the company, employer identification number, the person the registration was submitted on behalf of and the confirmation number. If selected, the next paragraph will say “This registration was selected toward the number projected as needed to reach the congressionally mandated cap (regular cap).”
In the next sentence you will see what dates the company needs to file the corresponding H1B petition in. Be aware, no other beneficiary apart from the one identified in the i-797C may have a petition submitted for. The petition should also include the start date of October 1, 2021.
If USCIS selects your registration in the H-1B 2023 lottery, your employer must file a petition to proceed to the adjudication stage, which means it will be processed. Your H-1B case will be approved, denied, or rejected by an immigration officer. If it is accepted, you will have one of two choices:
Wait until October 1, 2023 , for USCIS to activate your H-1B status once you begin working. This option is only available if you are already in the United States under a different nonimmigrant visa status and can keep it until you begin working. If you are currently outside the United States or your current nonimmigrant status is set to expire before October 1, 2023 , you must make an appointment with the United States Consulate or Embassy in your home country and go through consular processing.
Consular Services
When you arrive for your appointment, you must have already completed and paid for the DS-160 online nonimmigrant application. Bring a printout of the confirmation page as well as the payment receipt. The DS-160 is priced at $190.
You may be required to attend a one-on-one interview with a consular officer.
Before entering the country, USCIS reserves the right to interview anyone. Also, because of the recently increased regulations and scrutiny surrounding the H-1B, it is prudent to expect an interview.
The officer will ask you basic questions about yourself, your job, your employer, and your travel history during your H-1B interview. The best advice is to respond quickly and honestly to all questions. Saying "I'm not sure" is always preferable to lying, which could have serious consequences in the future.
In-person interviews for H-1B visas are no longer required until 2023 .
On December 23, 2021, the US Department of State (D.O.S. ), in collaboration with the Department of Homeland Security (DOH), announced that in-person interview requirements for H-1Bs (as well as H-4, L, O, P, or Q visas) would be temporarily waived through the end of 2023 .
First-time applicants must meet the following requirements to be eligible:
Obtaining a visa in their country of origin or residence You must be a citizen or national of one of the countries that participates in the visa waiver program (V.W.P.) I've never had a visa denied (exceptions are made if the denial was reversed or waived) previously visited the United States with permission granted by the Electronic System for Travel Authorization (ESTA) Applicants who renew their visas within 48 months of their expiration date are eligible for the dropbox process.
Avoid Making These Common H-1B Filing Mistakes
There are several issues and filing errors that we see repeatedly that can impede H-1B approval.
Making the Wrong Account Type
One of the most common errors USCIS discovered with H-1B registrations was the creation of the incorrect type of account. There are three different types of online accounts that can be created:
Applicant/Petitioner/Requestor Account: This account is used by individuals to prepare and submit applications, petitions, and other benefit requests. This is not the correct account type for submitting H-1B registrations. Attorney/Representative Account - This account is intended for attorneys or representatives to use to submit H-1B registrations on behalf of their petitioner clients. You can also use this account to file a Notice of Entry of Appearance as an Attorney or Accredited Representative (Form G-28). Registrant Account - If you are a petitioner seeking to participate in the H-1B process, you should create this type of account. Incorrect I-129 start date selection
During the filing process, applicants may select the incorrect start date on the I-129. To avoid having your petition denied, consult with your attorney to ensure that all dates, wages, and essential details are correct.
Job Description Is Incomplete
It is best to have your job description thoroughly reviewed by a qualified H-1B visa lawyer to ensure that it meets all of the necessary criteria.
Entries that are duplicates
Petitioners are limited to "one registration per beneficiary per fiscal year." Employers should not file more than one petition for an employee as a general rule. Assume that a second petition is required for an employee in relation to an affiliate company or subsidiary of the original petitioning employer. In that case, it is critical to demonstrate why both filings are required. The last thing you want USCIS to do is mark the filing as duplicate or send a Request for Evidence (R.F.E. ), so consult with your attorney about the best way to handle this situation.
Inadequate Filing
Submitting your petition after the deadline set by USCIS may result in a processing delay. To avoid causing this delay, file your petition with plenty of time to spare.
It should be noted that the USCIS service center only considers a submission timely if it arrives before the expected date. Because your petition will first arrive at a P.O. box, make sure to submit it well before the deadline to ensure that the service center has time to collect it.
Delays in Labor Condition Application (L.C.A.)
The iCert visa portal system does not always recognize the employer's or company's Federal Employer Identification Number, or FEIN. This happens because no pre-verification was performed before the L.C.A. was submitted.
Unacceptable Mode of Delivery
The manner in which petitions are submitted is very important to adjudicating service centers. If you deliver your petition by hand or another unconventional method, your petition may not be processed.
To ensure that you are using an approved delivery method, send your petition via the US Postal Service, FedEx, UPS, or another bonded delivery service. Consult your immigration attorney to find out which services are bonded.
Choosing the Incorrect Service Center
The final issue that frequently arises is filing with the incorrect service center. Petitions that do not include the required fee will be denied, and those that are sent to the incorrect service center will be processed incorrectly as well. Make a separate check for each filing fee and sign all checks before mailing.
H-1B Challenges for 2023 -2023
Because of the specific nature of the immigration process, complications from unusual circumstances can arise quickly. Working with an immigration attorney can help you determine whether these issues apply to you and what you can do about them.
If you are the company's founder, co-founder, or sole proprietor, you will be fulfilling the roles of both the employer and the employee, which the USCIS does not accept. If the structure of your company allows a board of directors to pay you instead of you paying yourself, you may be able to obtain an H-1B visa as a business owner.
You can, however, start a business on an H-1B visa. First, you must create an entity that controls your salary, tasks, and employment status, such as a board of directors or a CEO. The entity must then petition on your behalf. An H-1B visa cannot be self-petitioned.
Another issue arises when the employer who filed the petition on your behalf is a small business. The L.C.A. has specific rules regarding how much an employee can be paid. You will be unable to file if your small business lacks the capital to meet these requirements and pay the petition filing fees.
Denial of H-1B Visa 2023 -2023
The USCIS frequently denies H-1B visas to those who are deemed unqualified. However, if USCIS selects your petition in the H-1B 2023 lottery, you can improve your chances of approval by taking the necessary precautions.
The first thing to understand about this process is that it has two refusal states: rejection and denial. These are dependent on the two-step approval process that each H-1B petition goes through. The first step is to have an immigration officer review your case to determine whether:
Your information is complete, consistent, and correct.
You have presented sufficient evidence and documentation.
Your employer has paid the necessary fees to the appropriate authorities.
Notice of H1B Rejection
Example of an H-1B Rejection Notice
If your petition does not pass this stage, it will most likely be rejected without a refund by USCIS. Fortunately, re-filing with the assistance of an experienced H-1B attorney is frequently the solution to this problem.
Assume, however, that your petition passes this stage. In that case, the case will proceed to phase two, where the officer will determine whether your evidence, background, occupation, and qualifications meet the H-1B visa requirements for 2023 . Otherwise, you may face an H-1B denial. Re-filing may not be an option in this case.
Legal Disputes
Petitioners may file legal motions for an unfavorable outcome on rare occasions. Petitioners can make two major motions in this case:
Reconsideration motion: Consider this option if you and your attorney believe that the immigration officer who is reviewing your case wrongfully denied your H-1B petition. Reopening motion: When you have obtained new evidence or documentation to support your case, it should be evaluated alongside the primary evidence. Appeals
In contrast to legal motions, which work with the evaluating officer, an appeal goes through a third party, the Administrative Appeals Office, for an unfavorable decision. Unfortunately, the USCIS will usually send you a denial notice with a line prohibiting you from filing an appeal.
Requests for Evidence for H-1B Visas in 2023
The USCIS will occasionally send a Request for Evidence (R.F.E.) rather than deny your petition outright. If the evaluating officer believes that some supporting documentation would help clarify your case, an R.F.E. is usually the best option. If you receive an R.F.E., you must respond within the time frame specified—usually up to three months. There are several ways to respond to this:
Complete response: This means you submit all of the requested evidence along with your response. The most common responses are partial responses. In a partial response, you only submit a portion of the requested evidence, either because you do not want to present it all or because you do not have the requested evidence. There was no response: You are free to withdraw your application at any time.
In any case, your first step should be to take your R.F.E. to an immigration attorney to determine your next steps. For example, the USCIS may be questioning your employment legitimacy, your relationship with your employer, the nature of your specialty position, or even your degree credentials. The response should fully explain why the submitted evidence addresses all of the issues raised by the USCIS.
Amendments to H-1B Visa Requirements for 2023
In a few cases, you will need to have a new I-129 petition filed on your behalf. These include, among other things, changing jobs and extending your H-1B status. If you stay with the same employer but some aspect of your position changes significantly, your employer may need to submit an H-1B amendment so that your petition on file reflects the most accurate information.
The general understanding is that USCIS requires an H-1B amendment when a material change occurs. A significant change in your job duties or location is referred to as a material change. For example, if you were promoted on your H-1B, you may or may not need to file an amendment. It all depends on whether your job responsibilities have changed. Simply ensure that your new position meets the same H-1B requirements as your previous one and is relevant to your degree.
If you have an I-140 on file for an employment-based green card and are changing jobs, make sure that everything regarding the job you are using for your immigrant visa is in order.
The Grace Period
If you are currently in H-1B status and lose the job that provided you with your status, this could complicate your immigration journey.
H-1B visa holders are granted a 60-day grace period that begins the day your sponsor no longer employs you. USCIS allows you this time to find a new H-1B sponsor, change your status to a different visa, or prepare to leave the country.
What About H-1B Lottery 2023 Winners' Spouses?
In 2015, the Obama administration issued a rule allowing those with H-4 visas (spouses and dependents of H-1B holders) to obtain employment authorization to work in the United States as long as their H-1B holder had a pending I-140 petition for a green card. The Biden Administration has maintained the rule and proposed legislation to make it permanent, with the only way to repeal it being a law passed by Congress.
H-1B Visa Updates 2023 -2023
As previously stated, the Department of Homeland Security withdrew the Trump Administration's Prevailing Wage Rule, which will not apply during the H-1B lottery season in 2023 .
The regular cap would be selected first, followed by the H-1B advanced degree pool. In the event of a successful wage survey, USCIS would instead use the highest corresponding O.E.S. wage level. If this system is implemented, the I-129 Form will be modified to collect information on wage levels.
In the past, supporters of this rule argued that it encourages H-1B employers to offer higher wages or to petition for positions requiring higher skills. Keep an eye on our blog to stay up to date on any changes to H-1B 2023.
Frequently Asked Questions About the H-1B Visa in 2021
The following are some frequently asked questions about H-1B visas.
Can I apply for an H-1B visa on my own if I want to work in the United States?
To apply for an H-1B visa, you must have a job offer from a U.S. company or organization. If you own a business, you must create an entity within your company that controls your employment. The petition must be filed on your behalf by that entity.
Can I get an H-1B visa if I have an Associate's (two-year) degree and one year of engineering experience?
To be eligible for an H-1B visa, you must have a U.S. bachelor's (four-year) degree or its equivalent. In terms of work experience, three years of work equals one year of university. For example, if you have six years of work experience and two years of college, you may be eligible if both your work experience and your degree are relevant to your occupational title.
I am currently employed as a teacher in a public school system. Is the annual quota applicable to schools?
Only after 2006, if the school district has an approved petition based on the university cap exemption.
Are there provisions for the continuation of H-1B petitions if the company has a restriction?
In this case, there is continuity. When a new entity takes over the interests and responsibilities of the originally approved employer and the employment conditions remain the same, an amended H-1B petition is not required.
How does my employer fulfill the I-9 verification requirement under Section 105 portability provisions?
This is analogous to the 240-day grace period provided by 8 C.F.R. section 274.12(b)(20), which allows employment with the same employer for up to 240 days following the filing of an extension petition.
Can I file duplicate or multiple petitions? What will happen if I do?
Employers may not file duplicate H-1B visa petitions for the same employee more than once. To ensure fairness, USCIS will deny multiple or duplicate petitions filed by an employer for the same H-1B worker.
Will USCIS refund my filing fees if I file twice?
You will not be reimbursed for these filing fees. USCUS will only issue a refund if one of the following conditions is met:
USCIS has requested an unnecessary form with a fee. You submitted a fee that was higher than what was specified. The USCIS does not process a petition filed with premium processing within the 15-day time frame.
Where should I send my H-1B petition?
Your lawyer should know which service center to file with based on the beneficiary's work locations as specified on the petition application.
When is the H-1B visa lottery for 2023 ?
The H-1B visa submission period for 2023 -23 is March 1–28, 2023 .
What are the benefits of starting early?
There are numerous advantages to planning ahead of time. As with most situations in life, planning ahead of time allows you to better respond to challenges down the road. Employers can start thinking about which of their employees may require H-1B cap-subject filings. Foreign nationals and their respective employers should collaborate throughout the process to ensure that all criteria are met.
Why should you hire an attorney to help you with the H-1B registration process?
First, the USCIS will not consider a properly filed cap-subject H-1B petition unless it is based on a valid, selected registration for the same beneficiary and fiscal year.
Proper H-1B registration entails ensuring that the candidate is correctly classified under the master's or bachelor's cap. Despite having master's degrees from the United States, only a few people are eligible for the master's cap. Furthermore, a bachelor's degree is only equivalent to a certain number of years of work experience. After submitting H-1B registrations, applicants are unable to make changes. If the case is selected for filing, USCIS will reject incorrect H-1B registrations.
Second, while petitioners can register multiple aliens in a single online submission, they can only register one beneficiary per fiscal year. Assume a petitioner submits multiple registrations for the same beneficiary in the same fiscal year. In that case, all registrations related to that beneficiary filed by that petitioner for that fiscal year will be considered invalid.
Third, petitioners have a limited time to ensure that their cases have the necessary strategies and documents. Having a solid case foundation from the start is critical, regardless of whether the case is ultimately chosen.
Hiring a qualified attorney to ensure that stage one of the process is handled correctly will help to avoid problems if the case is chosen for filing.
In 2023 , how long can you stay on an H-1B visa?
The USCIS grants the visa for up to three years, with the option of extending it for up to six years. In exceptional circumstances, the government may grant a stay of more than six years. This is usually done in conjunction with a pending I-140 petition in order to keep your status.
What fees is my employer liable for?
According to immigration law, the employer is responsible for paying the training fee and the fraud fee, if applicable.
Is premium processing available?
Yes, you have the option of paying an extra $2,500 for premium processing.
Is it possible to avoid the cap if I file for premium processing?
Filing for premium processing will not exempt you from the cap. Premium processing is simply a method of speeding up the process. The USCIS explicitly guarantees 15 calendar days for processing those petitions, or the service fee will be refunded.
Who is in charge of determining the H-1B Visa cap amounts for 2023 ?
The current annual cap for the H-1B visa category is set by Congress. Also, keep in mind that the USCIS has set aside 6,800 visas for Chilean and Singaporean citizens as a result of the Free Trade Agreement.
Under certain conditions, certain H-1B workers performing services for the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the cap.
What exactly is a Labor Condition Application?
When you file your petition, your employer must certify and send a Labor Condition Application. A copy of this document will also be accepted by USCIS. Always keep the L.C.A. processing times in mind and plan your documentation accordingly.
To obtain an L.C.A., your employer must complete all four attestations required by this application:
The H-1B employee will be paid the prevailing wage for the requested position based on the geographic location of the position.
The employment of the H-1B employee will have no negative consequences for the employer's current employees. The employer's current employees have been notified of the intention to hire the H-1B employee. There is no strike or lockdown at the location where the H-1B employee will be working. Finally, the L.C.A. protects current employees from interference with their employment. By attesting that your employment will not subvert or replace the work of current employees, you are telling the USCIS that your employment will benefit rather than harm the US job economy.
Please keep in mind that if USCIS certifies an application for multiple workers, you must provide the name and case receipt number of any worker who has previously used the L.C.A.
DOES USCIS allow me to have more than one sponsor for my H-1B visa?
If you intend to work for more than one employer as a foreign worker, each one must file a separate petition, according to current regulations. However, if USCIS approves both petitions and you choose one employer but later decide to switch to the second, no new petition is required.
If you choose to transfer your employment to a company that has not yet filed a petition, you must have that company file a new petition on your behalf.
How can I expedite or speed up my H-1B transfer?
An H-1B transfer must be handled in the same manner as a new petition. The main distinction between a regular H-1B filing and a transfer is that a transfer is not subject to the cap because it already has H-1B status. As a result, premium processing may be an effective way to reduce the time it takes to process your H-1B transfer in 2023 .
After USCIS approves my status, can I work for my employer anywhere in the country?
When USCIS approved your H-1B visa, they took into account the specific employment location, qualifications, and local wage.
During your employment, if your worksite changes, you must submit an amendment with certification for the new location. In some cases, you may be exempt from filing the amendment; however, if the terms of your job suddenly change, you should contact your lawyer.
Is there a reason why some H-1B petitions take so long?
Many people have questions about this subject. Assume you submit two petitions at the same time. That does not guarantee that USCIS will approve it in the same time frame.
Why? Because each USCIS service center has a different workload for H-1B visas in 2023 , it's difficult to predict when the paperwork will be processed. Premium processing is recommended for cases where time is of the essence.
What is the H-1B Visa in the United States in 2023 ?
The H-1B visa is one of several employment-based visas available in the United States. It was created to assist American employers in hiring international talent for specialized occupations. Companies, in particular, can bring foreign workers with at least a bachelor's degree or equivalent to work in the United States. The H-1B visa is unique in that it is a "dual intent" visa, which means that while it is a temporary visa, holders have the option of obtaining a green card (permanent residency).
H-1B visas are ideal for individuals who are well-educated and have a job offer from a U.S. employer. Historically, these jobs were in engineering, medicine, technology, and other fields requiring advanced skills.
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Please contact us to see if you are eligible for a free consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa attorney. We communicate in English, Spanish, and Hindi.
Requirements for H-1B Visas
H-1B visas, like many other US visas, have stringent requirements that all applicants must meet. They are as follows:
Position Prerequisites
The job must be classified as a "specialty occupation." A bachelor's degree or advanced level education certification is required for a specialty occupation. Due to the complexity or specific listed duties, some positions may not require a bachelor's degree. Most 'professional' positions, on the other hand, require a bachelor's degree. Engineers, professors, researchers, medical professionals, accountants, attorneys, and architects are examples of qualified positions.
Requirements for Education
A bachelor's or advanced degree from an accredited university or college is required. The degree must be related to the H-1B specialty position. If the degree was obtained outside of the United States, it must be equivalent to a degree available in the United States.
Work experience is not required if you have a bachelor's degree. Work experience may be substituted for educational requirements. The general rule for the amount of work experience accepted is: One year of university equals three years of work experience.
USCIS and the Department of Labor Requirements
In addition, once the DOL certifies the LCA, the employer must submit an I-129 form to the USCIS.
Prevailing Wage Determination:
This is a calculated average wage paid to employees in similar fields in the United States. The foreign professional must be paid at least the going rate.
The employment of the foreign professional will have no effect on working conditions in similar fields in the United States.
Employers are required to post notice of H-1B filings internally.
Within the intended field, there cannot be an existing strike/layoff/lockout.
Employers must follow public examination procedures.
If the employer terminates the foreign professional's employment before the specified time, the employer is obligated to pay the costs of transportation back to the home country.
The employer is not authorized to hire the foreign professional until the USCIS grants approval.
Employer Requirements in the U.S.
It is necessary to have the funds to pay the foreign professional. The employer must make a formal job offer. An official job offer indicates that documented evidence of a genuine business need can be presented. H-1B Requirements Full Summary Chart
The H-1B Visa Application Process: Step-by-Step
Once the USCIS approves the employer's H-1B petition, the foreign worker can get the H-1B Visa stamped at a US embassy abroad or change status if he or she is already in the US. Unless you are a Chilean or a Singaporean national, the H-1B visa is valid for three years. Additional H-1B Visa requirements must be met by both the petitioner (employer) and the beneficiary (employee).
The H-1B visa application process consists of two major steps: employer sponsorship in the United States and petitioning with the USCIS. To begin the process, the applicant must have a U.S. employer. When a potential H-1B holder locates a U.S. employer who is both eligible and willing to file an H-1B visa on his or her behalf, the employer must receive a labor certification application and file an H-1B petition with the USCIS.
If the petitioner is seeking legal counsel or an H-1B visa, the petitioner must file a G-28 form. The G-28 should be completed in its entirety. This includes the attorney's signature and printed name, as well as the petitioner's signature. Form ETA-9035 must be submitted by the US employer (Labor Condition Application). The Labor Condition Application must be submitted online via the Department of State's iCert Portal System.
Filing the I-129 form
Before filing the I-129 form, the employer must have received approval of the Labor Condition Application. Following approval, the employer must file Form I-129 (Petition for a Nonimmigrant Worker), the filing fee, any supplementary documentation, and the approved Labor Certification Application.
The I-129 must be accompanied by a completed H Classification supplement, which can be found on pages 11 and 12 of the form. The petitioner must ensure that the H-1B Data Collection and Filing Fee Supplement is properly completed. Pages 17-19 of Form I-129 contain the H-1B Data Collection and Filing Fee Supplement. Form I-907 must be completed if the petitioner wishes to request Premium Processing. A $2,500 filing fee in the form of a separate check/money order, an I-129 receipt, and Form I-907 are required for premium processing. The I-907 is a Premium Processing Service Request. After submitting form I-129, this is filed.
H-1B Cap
The H-1B visa is subject to an annual cap of 65,000 visas each fiscal year. There are, however, some applicants who are exempt from the cap. Beneficiaries with a master's degree or higher in the United States are exempt from the cap if their petition is filed among the first 20,000 available. Furthermore, if the H-1B worker is employed or petitioned on behalf of a higher education institution, the H-1B worker is not subject to the H-1B cap. H-1B cap exemptions apply to related nonprofit entities, nonprofit research, and government research organizations.
The H-4 visa allows the spouse and unmarried children of an H-1B visa holder to enter the country. Members on the H-4 visa, on the other hand, are not permitted to work in the United States.
H-1B Stay Duration
You may be admitted as an H-1B non-immigrant worker for up to three years. Your time period may be extended, but it cannot generally exceed a total of six years, though there are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).
If your employer terminates you before the end of your authorized stay, you will be responsible for the reasonable costs of your return transportation. If you voluntarily resign from your position, your employer is not responsible for the costs of your return transportation. If you believe your employer has not met this requirement, you must notify the Service Center that approved your petition in writing.
Why choose Tahmidur Rahman Remura Wahid Barristers as H-1B Visa Attorneys?
Immigration law firm specializing in business and employment immigration.
Excellent success rate in complex new H-1B and transfer/extension cases, including those filed by small employers (50 employees).
H-1B immigration lawyers who are both efficient and accessible.
H-1B filing fees are extremely competitive.
H-1B Visa petitions are filed on time, and we promise to keep you updated on a regular basis.
Certain qualified H-1B clients are eligible for free consultations with Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa lawyers. Contact us to learn how we can assist you in obtaining timely and efficient approval of your H-1B petition.
Please contact us to see if you are eligible for a free consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa attorney. We communicate in English, Bangla, and Hindi.
The H-1B visa is a nonimmigrant (temporary) visa designed for those with specialty occupations to work in the United States. If granted, you will be able to work for three years with the option of extending for three more years for a total of six years.
If you meet the H-1B requirements, your employer (not you) must file an I-129H1 petition with the USCIS on April 1st of the year in which you intend to begin working. Because of the large number of petitioners who apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be chosen at random in two caps.
For those with advanced degrees, the first cap has 20,000 slots available. Any petitions for advanced degree holders who were not selected in this master's cap will be resubmitted to the regular cap of 65,000, giving them a second chance. The only way to avoid this cap is to work for a higher education institute, a non-profit organization affiliated with a higher education institute, or a government research organization. Furthermore, if your petition has already been counted against the cap, all subsequent petitions will be considered cap-exempt.
If your petition is chosen, it will be processed. If it is approved, you will be able to begin working on October 1st of the year in question. This all contributes to the overall H-1B requirements because, even if you meet all of the requirements, your petition must still be selected in the lottery.
LCA
It's also worth noting that each H-1B visa applicant must have their employer file a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification required for employment-based green cards, but it is less complicated.
To obtain an LCA, the employer must complete four attestations that serve as prerequisites:
That the prevailing wage for your position in your geographic area has been determined, and that your employer will pay you this wage as a minimum for your position. That your employment will not be detrimental to the employer's current employees. There is currently no strike going on. Essentially, the employer must demonstrate that you will not be replacing strikers. That all current employees of the employer have been informed of the intention to hire you. So, what H-1B requirements do I need to meet?
Here is a summary of the H-1B requirements:
A bachelor's degree is required as a minimum educational level. You must have a valid job offer from a company in the United States. That job must be for a specialized position that necessitates the application of your degree. While these may appear straightforward, let us break them down to remove any ambiguity. Remember that the USCIS rarely gives refunds and that the regulations are usually very strict, especially with such a popular visa.
Requirements for Education
To begin, you must have a bachelor's degree in a field relevant to your position. You may be able to meet this H-1B requirement without a bachelor's degree if you have 12 or more years of experience in a related field. However, it is far from certain. Consult with your immigration attorney to see if your experience can be used in place of a degree.
Job Opportunity
Even though this H-1B requirement appears self-explanatory, issues arise when the employee-employer relationship is called into question. This can cause issues, particularly if the beneficiary is self-employed. While it is possible to start a business on an H-1B visa, there are specific steps that must be taken.
Aside from that, you must ensure that your employer has the authority to control your job duties, wages, and employment status. As a contractor or agent, you must explain in the petition how your employer-employee relationship satisfies the H-B requirement.
Occupation Specialization
For the position to qualify as a "Specialty Occupation," it must meet at least one of the following requirements:
To be eligible for the position, you must have a bachelor's degree or its foreign equivalent. Because the position is so complex or specialized, it can only accept professionals with a bachelor's degree or higher. A college diploma is usually required for a position in the industry. In most cases, the employer requires candidates to have a college diploma or its foreign equivalent in order to work in the position.
Requirements for H-1B visas
Be aware that the number of H-1B visas available is limited. Find out more about the H-1B Visa Cap.
To be eligible for a "specialty occupation," the applicant must fall into one of the following categories:
Hold a bachelor's degree or higher from an accredited university in the United States that meets the requirements of the specialty occupation. Obtain a foreign equivalent to a bachelor's degree or higher in order to meet the requirements of the specialty occupation. Hold an unrestricted state license, registration, or certification that allows the applicant to practice the specialty occupation without restrictions. The applicant must have received the necessary training, education, or work experience to complete the degree. The applicant must have been recognized in the field of expertise. The applicant must have held positions that are essential to the specialty occupation. An authorized ETA-9035 form, as well as an approved Labor Certification Application, I-129 form, and a Petition for a Non-immigrant Worker, are required for the applicant's potential employer. Requirements for H-1B to Green Card
If you are applying for an EB-2 or EB-3 green card, your employer will need to obtain a PERM Labor Certification for you. This means that your petition's sponsoring employer must advertise for it within the company, in the local newspaper, and in three other mediums specified in the PERM advertising requirements.
Once you have your PERM, your employer can file an I-140 petition with the USCIS on your behalf. You must meet the requirements for the green card you wish to obtain in order for this to be approved. Ideally, you would select the green card with criteria that are most similar to the H-1B requirements you have already met as an H-1B holder. Given this, the EB-3 visa may be your best option. However, your immigration lawyer can assist you in navigating this transition.
How Tahmidur Rahman Remura Wahid TRW Law Group Can Assist You
There is no way to improve your chances of winning the lottery other than having a master's degree. However, you can significantly improve your petition's chances of approval by the USCIS. Avoiding common pitfalls and unnecessary delays in your immigration case can save you both time and money.
Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group has assisted countless individuals and businesses with the H-1B visa process. Their expert team of attorneys is ready to handle every aspect of your case, from ensuring that all H-1B requirements are met to addressing any obstacles such as Requests for Evidence.
Attorney Fees for H-1B Visas
We charge a flat $2,000 H-1B visa attorney fee, which includes shipping and incidentals but does not include RFE responses, if any are issued. You are also responsible for any USCIS filing fees associated with your case. If, after your initial consultation, you decide that an H-1B visa is not the best option for you, we can provide you with a variety of other immigration options.
Extraordinary Ability (EA) is a subset of the EB-1 Employment-Based Green Card (EB1 Green card) category. A "tiny number of those who have risen to the very top of their field of endeavor" are eligible for EA. To be eligible for the EB-1A category, an individual must be a leader in at least one of the following fields:
Sciences
Arts
Educations
Business
Athletics
The candidate must aim to stay in the same field and indicate how their expertise would benefit the United States. If you are unsure if you qualify for the outstanding ability group, it is preferable to consult an immigration attorney.
EB1 Types:
Under the first preference EB category you can find three subcategories designed for different applicants:
EB-1 Visa (3 Categories)
People who can apply
EB1-A
Foreigners who are very good in the sciences, arts, education, business, or sports can get a green card.
Demonstration of national or worldwide acclaim for EB1 Green card.
The EB-1A laureate has documented national or worldwide acclaim. The Noble Peace Prize or an Academy Award are two examples of international recognition for exceptional abilities. If the applicant does not have an internationally recognized award, they must show proof of at least three of the following:
The applicant has obtained a national or worldwide recognition award or prize of significantly smaller value.
Participated in important associations and organizations. They must be recognized as experts in their respective disciplines.
Others' work was evaluated.
Original, very significant creative, scientific, or scholarly works in the field.
Achievements were highlighted in major trade and media announcements.
Works on display at an art show or exhibition.
The performing arts have achieved media success. Box office receipts or entertainment sales can be used to evaluate a film.
Earn a competitive paycheck.
As you can see, many of the EB-1a requirements are quite similar to the O-1 visa requirements. As a result, many foreign nationals who qualify for the O-1 also qualify for the EB-1A.
The majority of other green card categories require you to have a work offer from a U.S. firm. Furthermore, that firm must go through a lengthy recruitment process in order to receive a PERM Labor Certification, which will dramatically lengthen your green card processing period.
One of the primary advantages of the EB-1A is that it does not necessitate a PERM Labor Certification or a work offer from a U.S. firm. Instead, the applicant might use the USCIS I-140 form to file a "self-petition." This is one of the quickest ways to obtain a green card.
Application for USCIS I-485
Once your I-140 is accepted and your priority date is current, you must file an I-485 Application to Register Permanent Resident or Adjust Status in order to alter your status to EB-1A. If the USCIS approves your application, you will be a legal permanent resident of the United States.
Timeline for the EB-1A Green Card Application
The faster processing time is another essential feature of the EB-1A. Other green card categories not only necessitate the PERM process, but they also have backlogs that can significantly lengthen the wait period.
That date becomes your priority date when you file your I-140 petition. Each month, the Department of State issues a visa bulletin outlining the "final action dates" for that month. If your priority date meets or exceeds your country's final action date, a visa number will become available, and you can file your I-485 application.
While some other green card categories require applicants to wait several years, EB-1 priority dates are frequently current.
Dates, however, can be reversed. To be sure, consult the most recent bulletin.
Your I-140 processing time is mainly dependent on the workload of the service center that processes your petition. However, on average, it takes about six months. However, if this is too long for you, you can choose premium processing.
For an additional charge, the USCIS will shorten the processing period of your petition to 15 calendar days. If the USCIS fails to reach this deadline, your premium processing money will be refunded.
After Form I-140 is approved you will receive an email and a notice from the National Visa Center (NVC).
In that NVC notice you will find the link and instructions to accessing your DS 260 online immigrant visa application.
Changing your status is only available to those who are already in the United States on a different visa (such as the O-1). If this is not the case and you are currently outside the United States, you will need to go through consular procedures.
This means you'll need to make an appointment with the US consulate or embassy in your native country to meet with a consular officer one-on-one. You must also complete the online DS-260 immigrant visa application and bring the confirmation document to your meeting.
The timeline for consular processing is determined on the consulate or embassy you visit. Some applicants have to wait several months, while others only have to wait a few weeks. When you attend for your interview, you will be asked questions about your experience, education, career, and job in the United States in order to determine whether your application is valid and you are qualified.
Keep in mind that each EB-1A case is unique and may require a varied processing time. Consult with your EB-1A attorney to discover how long you will have to wait for your green card.
You will need to pay the government fees in order to continue filling out Form DS-260.
Save the DS-260 confirmation page. You will need it for your interview at a U.S. Embassy.
EB-1A Fees
The following are the fees associated with petitioning and applying for a green card:
Within the United States (Change of status)
The baseline I-140 filing fee is $460.
I-485 fee: $750-1,140. This cost varies according to your age. Check out this chart to see where you stand.
Fee for biometrics (if applicable): $85
Optional premium processing fee: $1,440
Outside of the United States (Consular Processing)
The baseline I-140 filing fee is $460.
DS-260 fee: $230
Fee for Affidavit of Support: $88
Fee for biometrics (if applicable): $85
Premium processing cost (optional): $1,440 EB-1A Green Card Advantages of Extraordinary Ability
Among the benefits of the EB-1A Extraordinary Ability category are:
There is no requirement for a permanent employment offer or labor certification in the United States. Because you can file a petition and an application for permanent residency at the same time, the LCA process is typically faster (also known as concurrent filing). There is more freedom than with the labor certification process, and you can change occupations more quickly. Self-petitioning is permitted, which implies that you do not need the signature of someone from the institution or firm for which you work. There are several drawbacks to be aware of. To begin, you must display exceptional talent; merely average or decent will not suffice. It can be less predictable than the labor certification process at times. However, this varies greatly from instance to situation.
Because the USCIS defines extraordinary ability on a case-by-case basis, it is critical that you deal with an EB-1A lawyer to ensure that your case is strong.
Example of an EB1 Green Card Case with Extraordinary Ability
One approved case under the Green Card Extraordinary Ability category is shown below:
Dr. James received his Ph.D. in Russia. His work generally deals with mechanical engineering in a way that can benefit the US economy. He has a diverse set of accomplishments in the sector and has gained national attention for his efforts.
Dr. James is also a prolific contributor to scholarly journals, having authored numerous that are still in print. He qualifies for Extraordinary Ability since he is a world-renowned expert in his specialty. Dr. James does not need the sponsorship of his employer if he can continue his employment in the country.
Frequently Asked EB-1A Green Card Questions
What exactly is an EB-1A?
The EB-1A classification is a subset of the employment-based immigration first preference category reserved for those with exceptional aptitude in the sciences, arts, education, business, or athletics. A green card will be issued if an application meets all of the criteria and is approved.
In EB-1A, how do you demonstrate outstanding ability?
You can demonstrate outstanding ability by meeting at least three of the ten criteria listed in the EB-1A Documentation section above. Proof of a one-time achievement (e.g., Pulitzer, Oscar, Olympic Medal) and evidence establishing that the sort of work will continue in the United States is adequate for other types of visas (e.g., O-1B petitions) needing demonstration of extraordinary performance.
What is the distinction between EB-1A and EB-1B visas?
The primary difference is that the EB-1B standards are only applicable to scientific and academic subjects. The EB-1A category, on the other hand, applies to the sciences, arts, education, business, or athletics.
Difference Between EB-1A and EB-1B
EB-1A
EB-1B
It is designed for foreign individuals with extraordinary ability.
It is designed for foreign individuals who are outstanding professors or researchers.
Individuals applying for this employment-based visa category can self-petition, without having a job offer in the U.S. Form I-140 is filed by the applicant.
Having a U.S. job offer is mandatory to apply for this visa category. Also, the I-140 petition for the foreign applicant can only be filed by his/her U.S. employer.
Applicant will need to pay all government & legal fees
U.S. employer will pay all government & legal fees
Applicant is independent
Applicant will depend on their U.S. employer in the application process
While backlogs may cause additional EB-1A processing time, an EB-1 petition has traditionally taken roughly eight months to process. However, after an I-140 is approved, the USCIS will provide a permanent residence card within six months.
How much time does it take to obtain an EB-2 visa?
The EB-2 visa processing time is normally longer than the EB-1A green card processing period, and it is influenced by your place of origin as well as the service center that processes your I-140. The EB-2 process takes around 18 months. If you want a PERM Labor Certification, the time frame might range from eight months to two years, depending on whether your firm is audited following the recruitment process.
The Advantages of an EB-1A Green Card:
The EB-1A visa is regarded as a particularly desirable green card because: EB-1 visa priority dates are "current," implying that the wait time is much shorter than for other green cards. Going through the PERM process is also unnecessary (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).
The green card holder's spouse and any minor children may also be eligible for admission to the United States under E-14 or E-15 immigrant status. For these reasons, EB-1A visa applications are scrutinized closely, and they are among the most difficult to obtain. The Complete Manual: How to Master the EB-1 Green Card Application Process.
USCIS Eligibility for an EB-1A Visa: The evidence must meet at least three of the ten criteria established by USCIS or provide proof of a truly exceptional single achievement.
Through sustained national or international acclaim, you can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics).
Membership in one or more associations in the field that require exceptional achievement as a prerequisite for membership.
Proof of publication of information about the beneficiary in professional or major trade publications, as well as other major media.
Evidence of being asked to judge the work of others, either as an individual or as a member of an expert panel.
Evidence of significant original scientific, scholarly, or business-related contributions to the field.
Evidence of authorship of scholarly books or articles (in international scholarly journals) in the field.
Evidence of success in a leadership or critical role in a reputable organization.
Also, evidence of commanding a high salary (or other significantly higher remuneration) in comparison to others in the field.
Published material about the beneficiary's academic work in professional publications written by others.
Contributions to original scientific or scholarly research in the field.
We typically advise obtaining references from ten or more independent experts who can validate the evidence, demonstrating that any publications or citations are relevant and meet the minimum requirements. OnlineVisas has extensive experience locating credible and reliable expert references for EB-1b petitions.
EB-1A Costs
If Applicant is in the U.S.:
Form I-140 filing fee: $700
Premium processing fee (optional): $2,500
Form I-485 filing fee: Varies for different age groups. For ages between 14-78, the filing fee is $1,225 per applicant. You can check the current fees here (scroll down to “Filing Fee”).
Medical Examination Fee
If Applicant is Abroad:
Form I-140 filing fee: $700
Premium processing fee (optional): $2,500
DS 260 visa application fee: $325
Affidavit of support fee: $120
Immigrant visa fee: $220
Medical examination fee: varies.
EB-1A Checklist of Supporting Documents
Requirements
Supporting Documents
Lesser nationally or internationally recognized awards
All kinds of awards, except:Academic scholarships or grants,Local prizes or awards,An award received in a team.
Please note that individually received awards hold more weight than those won in a team.Make sure to add the total number of individuals nominated for the award you received.
Proof of membership in distinguished associations/organization
Documents proving membership in the organization or association,Documentation enlisting the membership criteria.
Outstanding achievement must be an essential criteria for joining the organization, If the individual(s) responsible for choosing the organization members is/are internationally acclaimed in their domains, it will strengthen your caseDo not enlist being a member of trade unions or local organizations.
Publications
Applicant’s national work covered extensively by their home country’s national broadcast networks and/or major media publications.Clippings of the applicant’s work must contain the date and title of their publication.Lesser weight will be given to clips containing applicant’s projects where their role is not reflected significantly.
Judging the work of others
Proof of your presence on the panel of judgesProof that you have led a workshop, or Judged a discussion of groups at national level.Your written statement and explanation of your involvement and role in judging the works of others
Significant contributions
The contributions must be original as well as of a scholarly, artistic, business-related, or scientific nature.Proof that the individual is ‘successful’ in their field of work,Documentation of the applicant’s work being of significant importance to other members of his/her field of work.
Scholarly articles
Evidence of the article(s) authorshipProof of your scholarly articles published in nationally or internationally acclaimed journals in your field
Proof of critical role in distinguished organizations
Proof of the organization/association having a distinguished national or international reputation.Evidence showing the foreign national’s leadig/critical role in the organization.Proof showing that the individual’s leading role in the organization’s project led to a success.
Evidence of a high salary
Financial records and statements of your salary (or salary slips).Your salary package will be compared to that of individuals in similar roles or expertise in your field.
Evidence of commercial success in performing arts
Media coverage of the foreign artist’s work (press releases, coverage of movie premier, newspaper articles, and critics overview, among others).
Documentation of articles written about the artist’s work.Proof of conducting/participation in a solo stage performance/play.Proof of artist’s success in their field.Examples of work done by the artists (for example, movie DVDs or posters).Evidence of box office sales.
In addition to the list of documents provided above, there are some general documents which must be submitted along with the foreign applicant’s proof for extraordinary ability
Your resume or CV.Copy of your passport.Letters of recommendation and endorsement from the experts of your field, to highlight your contributions.Job contract with a U.S. employer (if any), or a signed statement of your work plan after entering the U.S.
EB-1A for Dependents
Spouses and unmarried children under 21 of EB-1A applicants are eligible for permanent residency if the principal applicant’s petition is approved.
If dependents are physically present with the principal applicant in the U.S., they can submit Form I-485.
For dependents abroad, the immigration application process will start after Form I-140 is approved.
Spouses and unmarried children under 21 will be eligible for application of admission into the U.S. under E-14 or E-15 immigrant status, respectively.
According to USCIS, as the named Form I-140 beneficiary, you should submit the following documentation and evidence to apply as for an employment-based green card as an immigrant currently in the U.S.:
Form I-797, Approval or Receipt Notice, for Form I-140, filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
Form I-485 Supplement J (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved;
Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner;
Two passport-style photographs;
Government-issued identity document with photograph;
Birth certificate;
Passport page with nonimmigrant visa;
Passport page with admission/parole stamp;
Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.
Note: You can print the paper version of Form I-94 from the CBP website if CBP provides you with an electronic version.
Since arriving in the U.S., show proof of continuously maintaining lawful status (or an exemption under INA 245(k)).
Note: Each form requires you to submit the correct filing fee unless you are exempt or eligible for a fee waiver. Consult USCIS' Filing Fees and Fee Schedule for more information.
Tahmidur Rahman Remura Immigration Lawyers Law Group's EB-1A Extraordinary Ability attorneys have extensive experience determining if you qualify for one of the Extraordinary Ability categories. Furthermore, if you are doubtful whether your evidence of achievement fits EB-1 requirements, they can advise you.
Don't meet the aforementioned requirements? Then, return to the main EB-1 Category for other green card choices.
How to setup Shipbuilding and Ship breaking business in Bangladesh
Demand for ships on the international market in Bangladesh is directly related to the economy because ships are used for commercial purposes.Bangladeshi shipbuilding industry has been seeking export market prospects in the specific segment of small vessels.Shipbuilding yards in Bangladesh has been exporting small and medium-sized vessel for the extremely competitive European market.
The Bangladesh shipbuilding industry is a rising contender in the global market for small and medium-sized vessels. In spite of the fact that the industry primarily serves the domestic market, exports have increased satisfactorily over the past decade. Bangladeshi companies have exported ro-ro vessels, multipurpose container vessels, tug boats, landing crafts, bulk carriers, patrol vessels, catamaran water taxis, ferries, oily waste collection vessels, and passenger vessels to numerous European, African, and Asian countries.
There are currently over 100 shipbuilders and over 120 registered shipyards of varying sizes, the majority of which are situated along riverbanks. Almost 90% of fuels, 70% of cargoes, and 35% of passengers are transported via waterways in Bangladesh, resulting in a substantial domestic demand for vessels.
The number of locally registered vessels has increased by an average of 5.39 percent per year due to steady economic and trade growth and the activation of infrastructure projects. The annual market value of the local shipbuilding industry is currently estimated to be around $1 billion, and demand growth is anticipated to remain consistent with economic expansion. Current estimates place the annual building capacity for export orders at more than 20 vessels. MPVs, containers, bulkers, tankers, dredgers, tugs, and passenger ferries, ranging from 1,000 to 20,000 dwt, are built locally for domestic use.
The industry has begun to accumulate a record of building orders from foreign ship owners. In 2017-18, the value of exports increased to $30 million from $5.8 million.
On the other hand, the ship-breaking industry has taken control of the global market by dismantling approximately 47.2% of world vessels. According to the UNCTAD report, Bangladesh, India, and Pakistan account for 70–80 percent of the international recycling market for ocean-going vessels. In recent years, Bangladesh's rapidly expanding shipbuilding and ship-breaking industry has become a significant source of foreign revenue.
This high-potential industry has garnered a positive reputation on the global competitive market in a short amount of time.
There are currently approximately 200 shipbuilding companies in Bangladesh, ranging in size from large to medium. The most well-known ship breaking yard is the Chittagong Ship Breaking Yard.
Shipbuilding and shipbreaking are likely the most lucrative export-oriented industries in our country. Bangladesh is a lucrative destination in this market, as there has been a rise in demand for various types of vessels worldwide. Additionally, the shipbuilding and shipbreaking industries are experiencing a rise in demand as a result of the enormous profits they generate annually. As Bangladesh has proven to be a new and favorable destination for this business, numerous foreign investors are showing interest in this industry.
Bangladesh has competitively-priced skilled engineers and semi-skilled workers, as well as training opportunity for shipbuilding and breaking, which is operated under the cooperation of the government and industry association, thus providing job opportunities for thousands of workers.This Industry is a sophisticated, high-tech industry with the promise of substantial economic and social benefits.
This sector offers substantial employment opportunities, industrial development, a steady flow of foreign revenues, and numerous other opportunities for the industrial sector to attract foreign investors. Bangladesh Ship Recycling Act of 2018; The Ship Breaking and Recycling Rules of 2011; Hazardous Waste and Ship breaking waste management rules of 2011; Inland Shipping Ordinance of 1976; Bangladesh Shipping Corporation Order of 1972; Merchant Shipping Ordinance of 1983; and National Industry Policy of 2016 are the primary laws governing this industry.
License and Registration method for shipbuilding business in Bangladesh:
In Bangladesh, a shipbuilding company can be formed to conduct business:
To incorporate a private company, however, a minimum of two shareholders is required. A private company cannot invite the public to subscribe for its shares, whereas a public company may offer the public the opportunity to acquire its shares. In practice, the private company structure is the most popular among both foreign and domestic entrepreneurs.
Regarding foreign direct investment, there are no restrictions on foreign equity participation; therefore, 100 percent foreign equity participation is permitted. Foreign investment in Bangladesh is afforded the same level of protection and safety as domestic investment. The laws of Bangladesh guarantee non-discrimination between foreign and domestic investments, as well as the repatriation of capital gains and dividends.
To create a company, the subsequent steps must be taken:
The Registrar of Joint Stock and Companies must issue a Name Clearance for the proposed corporation.
The following must be drafted and signed:
• Articles of Incorporation and Memorandum of Association;
• Form I: Company Incorporation Declaration;
• Form VI: Notification of Change of Registered Office;
• Form IX - Director's consent to act;
• Form X: Personal Consenting to Serve as Directors List;
• Form XII: Information about directors, managers, and managing agents
Opening a temporary bank account for the Proposed Company at any scheduled bank in Bangladesh.
Transfer the amount of paid-up capital from the account of each foreign shareholder to the Bank Account of the Proposed Company in Bangladesh.
Individuals and businesses can obtain a TIN Certificate from the government of Bangladesh in order to monitor tax payments. TIN Certificates may only be issued by the National Board of Revenue (NBR). The NBR must receive an online application for the TIN Certificate before issuing the certificate.
VAT Certificate:
A Business Identification Number (BIN) is required for operation by every business (BIN). By registering for VAT with the National Board of Revenue, it is possible to obtain a BIN. Every organization is required to obtain a VAT registration certificate. In order to obtain a VAT Certificate, the NBR must receive an online application accompanied by all required documentation.
Project Registration for Industrial Investment:
Industrial enterprises in Bangladesh must register with the Bangladesh Investment Development Authority, whether they are domestic or international (BIDA). To register a project for industrial investment, the BIDA must receive a completed application along with all required documentation.
Approval of Plant Layout:
Department of Inspection for Factories and Establishments (DIFE) approval must be obtained prior to the use, modification, or expansion of any house, structure, or property as a factory. The DIFE must receive a completed application with all required supporting documentation in order to approve the layout.
Factory Licensing:
Each owner or occupant must submit an application for registration and license of factory to the Department of Inspection for Factories and Establishments (DIFE) within thirty (30) days prior to the factory's commencement of operations.
Membership Certification:
After establishing the respective enterprise, the entrepreneur must join a local Chamber of Commerce and Industry or pertinent Trade Association. The application for membership is available at the office of the applicable Chamber of Commerce or Trade Association.
Certificate of Registration for Import and Certificate of Registration for Export:
An importer who possesses an Import Registration Certificate (IRC) and an exporter who possesses an Export Registration Certificate (ERC) are able to import and export any permissible item without any value or quantity restrictions, as well as without permission from any authority. Office of the Chief Controller of Imports and Exports (CCI&E) issues Import Registration Certificate and Export Registration Certificate to applicants who qualify. To obtain the IRC or ERC, the CCI&E must receive an online application accompanied by all required supporting documentation.
Environment Clearance Certificate
The Environment Clearance Certificate (ECC) is one of the necessary permits for launching an industrial unit or a project in Bangladesh. To obtain this Certificate, the concerned entrepreneur of the industrial unit or project must submit a request to the Department of Environment, along with the required documentation.
Fire License
Buildings and business organizations are required to obtain a fire license due to environmental concerns and to ensure the safety of the establishment and its employees. It is issued by the Bangladeshi Fire Service and Civil Defense (FSCD) authority operating under the Ministry of Home Affairs. To obtain such a license, the concerned entrepreneur of the industrial unit or project must submit a request to the FSCD along with the required documentation.
Trademark Registration
After the registration of the entity, it may apply to the Department of Patents, Designs and Trademarks (DPDT), which is operated by the Ministry of Industries, for the registration of its trademarks and/or other Intellectual Property in order to protect its trademarks and other IP-related matters. A trademark registration application must be submitted to the Trademark Registry Wing of the DPDT in the prescribed manner and with all required documentation.
Allowance for Ship Destruction:
To conduct a Ship Breaking/recycling business in Bangladesh, permission must be obtained from the "Ship Building and Ship Recycling Board" (SBSRB), which is under the Ministry of Industries.
First, a NOC or No Objection Certificate must be obtained from the SBSRB in order to import the vessel for scrapping or recycling within Bangladesh. SBSRB grants NOC to facilitate letter of credit for import of scrap vessel by evaluating and examining Ship's detail, MOU, and inventory of Hazardous Waste as per import policy order of the government.
In order to inspect the ship, the SBSRB and the customs department visit the vessel at its outer anchorage to inspect its inventory. If the department determines that the vessel does not carry any cargo or items prohibited by Bangladeshi law, it grants demolition permission. The ship is evaluated by the surveyors.
In addition, the Department of Environment simultaneously inspects the ship for Hazardous Waste and material, excluding in-built hazardous and toxic materials, and may issue a certificate of environmental clearance for that particular ship.
The Department of Explosives issues two credentials.
• No gas required for human entry
• Gas-free for intense work
Prior to granting demolition or cutting permission, the yard owner must submit a Ship Recycling Plan (SRP) and a copy of the permit for the Ship Recycling Facility Plan (SRFP). The SBSRB is the authority designated to ensure compliance with all shipbreaking rules and regulations. It also oversees the production and disposal of hazardous materials and waste.
The permit will be revoked in the event of rule violation. After a thorough re-inspection of the corrective measures, the ship recycler may obtain a new license. The SRFP's monitoring activities are conducted every six months. It may conduct additional inspections when accidents occur. The SBSRB shall issue a permit of "Ship Recycling Facility Plan" (SRFP) to every ship-breaking and recycling yard that applies for one after evaluating their facilities' ability to dismantle and recycle ships in a manner that is safe for the environment.
Process of Import
To import a vessel for disassembly and recycling, the following documents must be submitted:
• NOC from the SBSRB
• Environment clearance certificate,
• Specifics concerning the ship,
• MOU with the purchaser and inventory of hazardous materials on board.
• A letter of credit issued by a scheduled bank
Procedure for Ship Recycling:
The Ship Recycling Plan and the Ship Recycling Facility's Plan are the two documents necessary to initiate the ship recycling process.
The Ship Building and Ship Recycling Board (SBSRB) under the Ministry of Industry is authorized to approve the Ship Recycling Facility Plan in a prescribed format with the following document requirements:
Application form specified in Annexes III and IV of the ship breaking and recycling regulations.
DOE-issued authorization for the management of hazardous waste resulting from ship recycling.
Registration as a Trade Association Member and Hazardous Waste
Treatment, Storage, and Disposal Facility (TDSF) that will be facilitated or operated by SBSRB under Ministry of Industries.
Permit for the storage of L.P.G, Acetylene, Carbon di oxide, Oxygen, and all other cylinders and flammable liquids.
A map illustrating the layout of the yard and other facilities' components.
Obtained License and SRFP authorization from SBSRB.
The following facilities must be included in the Ship Recycling Facility Plan:
Storage decrease for the temporary storage of hazardous/nonhazardous waste materials
Facility for the removal and storage of asbestos.
Restrooms and sanitation facilities for at least 50 employees
Provision of sufficient and clean water for consumption
Changing and resting area for employees
First aid facilities
Fire suppression facility and Emergency Response System (ERS)
Material Handling Equipment (MHE) and Personal Protective Gear (PPE)
Compilation of a list of all skilled professions (lightening, gas cutting, waste handling, working in confine spaces, using various gadgets like oxygen and other gas detectors, crane and material handling systems etc.)
How to setup Shipbuilding and Ship breaking business in Bangladesh and legal Issues:
The Foreign Investment Act:
Bangladesh's liberalized Industrial Policy and export-oriented, private sector-led growth strategy provide ample opportunities for foreign investment.
In addition to the preceding statute, the following statutes address foreign investment: the Foreign Exchange Regulations Act of 1947, the Bangladesh Export Processing Zones Authority Act of 1980, the Bangladesh Private Export Processing Zone Act of 1996, the Bangladesh Economic Zone Act of 2010 and the Bangladesh Investment Development Authority Act of 2016.
Employment Law:
Bangladesh's employment law is primarily governed by the Labour Act of 2006. Other relevant statutes include the Labour Rules of 2015, the National Labour Policy of 2012, the Bangladesh Labour Welfare Foundation Act of 2006 and the Bangladesh Labour Welfare Foundation Rules of 2010.
Contract Law: Contractual agreement is the heart of the commercial world. It establishes the duties and responsibilities between the parties regarding the subject matter of the contract. A contract binds both parties of its all agreed and stipulated clauses, such as what would be the party's liability in the event of committing breach of contract and to what extent shall it cover the losses of the opposite party.
A force majeure event is an unusual occurrence or situation beyond the control of the contracting parties, such as an act of God, war, or natural disaster. An effective application of the force majeure clause typically relieves the parties of their respective contractual obligations and/or liability. A force majeure provision does not completely justify the non-performance of a faction, but only suspends it for a certain period.
Compliances of the business entities- Entities are required to comply with the annual filing requirements, such as updating trade license at the respective city corporation, renewing chamber membership, renewing IRC & ERC, filing taxes, updating the annual filings at the RJSC, reporting to Bangladesh Bank, NBR, etc.
Land Reform Act 2014, East Bengal Tenancy Rules 1954, The Survey Act 1875, The Non-Agricultural Tenancy Act 1949, Registration Act 1908, and Transfer of Property Act 1882 must be complied with in order to register the lease or purchase of land.
Shipbuilding Industry and its potential in Bangladesh:
An estimated 150,000 skilled and semi-skilled individuals are employed in the Bangladeshi shipbuilding industry. In 2011, production was estimated at approximately 250,000 gross tons (GT), with 185,000 GT destined for the local market. In contrast, China employed 400,000 individuals in 2,000 shipyards and related industries with a production volume of 14 million GT, whereas Vietnam employed 110,000 individuals with a production volume of 600,000 GT (WB, 2013).
Bangladeshi exporters have relied heavily on foreign experts and local employees with international experience, particularly for knowledge transfer.
The value chain for forward and reverse linkages with the shipbuilding industry has a great deal of expansion potential. When manufactured for the domestic market, the proportion of value creation other than actual construction can reach up to 25 percent. However, this proportion is typically only 1% for exported ships. The insufficient growth of linkage industries is primarily due to the relatively small size of the shipbuilding market and a lack of skills and technology.
However, there are areas where linkage industries could be developed with the assistance of foreign manufacturers. Meghna Group, City Group, Bashundhara Group, and the Delta Shipyard Limited of TK-Seacom are the industrial groups that have contributed to bringing this distinction to Bangladesh (TK Group and Seacom Group). In 2019-21, Meghna Shipbuilders and Dockyard of Meghna Group constructed 22 vessels, Khan Brothers Shipbuilding of City Group constructed 36 vessels,
Bashundhara Steel and Engineering Limited constructed 8 vessels, and Delta Shipyard constructed 7 vessels. In addition, the Akij Group intends to advance significantly in the sector.
According to industry insiders, the number of ships on coastal routes certified by the twelve member societies of the International Association of Classification Societies (IACS) is increasing rapidly. Under the supervision of renowned organizations such as Bureau Veritas and IRCLASS, ships have been constructed. Over the past three years, more than seventy of these vessels have been constructed to transport LPG, fuel, edible oil, consumer goods, and containers along coastal routes. These vessels are equipped with the necessary technical and safety features for coastal navigation.
Local shipbuilding industry's two most viable strategies are reliance on stable domestic demand and enhancement of quality cum productivity for export. On the basis of the experiences of China, Vietnam, and other nations, there are five key success factors applicable to the Bangladesh shipbuilding industry. These include: (1) growing the industry during periods of rising demand; (2) ensuring government support; (3) attracting foreign direct investment and fostering joint ventures; (4) expanding the domestic supply industry; and (5) providing a low-cost skilled workforce through proper yard management.
The government can improve infrastructure and quality by taking the following steps:
(a) regulate the number and quality of new shipyards through the issuance of "No Objection Certificates";
(b) rigorously enforce the Shipbuilding Industry Development Policy 2020, which was approved by the government in 2021;
(c) evaluate shipyards every five years;
(d) look out for the interests of workers through supervision on safety, work environment, and health issues; and
(e) take steps to ply the shipbuilding industry's supply According to industry insiders, the scarcity and high cost of suitable sites pose significant obstacles to the development of large shipbuilding yards. Connections to roads, railroads, and power are also significant limitations for existing and potential yards.
re you planning to file an admiralty related suit in Bangladesh?
AdmiraltySuits in Bangladesh and Ship Arrest at Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:
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In terms of Liquor Bar License and Alcohol law in Bangladesh, recently the government took steps to legalise alcohol. A drinking permit may be requested by anyone over the age of 21. The government has issued new regulations to regulate the sale and consumption of alcohol throughout the nation.
Hotels, restaurants, and other establishments that serve food and also display and sell alcohol will be permitted to apply for liquor sale licenses under the new regulations. The licenses are also available to clubs and organizations that have a certain number of members with drinking permits.
The drinking permit application process is open to anyone over the age of 21. Muslims over the age of 21 must obtain a prescription from at least an associate professor-level physician. To purchase alcohol, members of ethnic groups, such as those in the Chittagong Hill Tracts and other areas, will also require drinking permits.
Drug Control Act and Alcohol law in Bangladesh:
Under the 'Drug Control Act, 2018', the Security Services Department of the Ministry of Home Affairs issued the Alcohol Control Rules, 2023 .
Clubs and organisations with at least 100 members who have a drink permit are also eligible to apply for liquor licenses. Those with more than 200 members who have a drinking permit may apply for a license to open a bar.
EPZs, theme parks, and government development projects where foreign nationals work can also have bars.
Depending on the establishment, the number of bars that can be set up in a specific area will be limited. Two-star hotels, for example, can obtain a license for one bar, three-star hotels for two, four-star hotels for three, and five-star hotels for more than seven.
Conditions have been established for the establishment of bars in hotels, restaurants, and clubs with at least 200 permit holders, as well as in export processing zones, theme parks, and government development projects inhabited by foreign nationals.
On shop Alcohol:
On shop means imported or foreign or non-alcoholic Such premises for sale of liquor, from which any foreign national or Permit holders are nationals, foreign nationals, foreign nationals or alcoholics can do;
Off shop Alcohol:
Off Shop means a place from which a foreigner Citizens or nationals holding permits, as the case may be, the amount specified in the permit, Can be purchased in bottles or cans. Liquor licenses, permits, passes, etc. (1) Licensing in prescribed cases shall, namely:__
(a) import and export of alcohol; (b) manufacture and processing of alcohol; (c) supply, marketing and sale of alcohol; And (d) Storage, warehousing or holding of alcohol
(2) Permits shall be obtained in the following cases, namely:
(a) drink alcoholic beverages; And (b) Use and application of alcohol.
(3) Passes shall be accepted in the following cases, namely:
(a) carrying alcohol; And (b) Transportation of alcohol.
Application for license or permit:
Purpose of Section 10 of the Act : Schedule-II for license or permit relating to use and application of alcohol for fulfillment purposes in the respective form
(a) the Director General in the case of bar on shop or off shop; And (b) In other cases the concerned Deputy Director___ Always apply.
(2) On receipt of an application under sub-rule (1)__
(a) in respect of clause (a) the Director-General shall appoint an Inquiry Officer; And (b) In case of clause k), the Deputy Director shall conduct the inquiry himself or an investigator Officers will be appointed.
(3) The information and related documents mentioned in the inquiry officer application mentioned in sub-rule (2). Within 30 (thirty) working days of the examination, the report in this regard to the Deputy Director is departmental Departmental to the Officer and in the case of any other Investigating Officer through the Deputy Director Submit to the officer.
Reports submitted by the Divisional Officer, Investigating Officer and related Within 15 (fifteen) days of receiving the report with specific opinion after examining the documents Send to the Director General. The Director General is responsible considering the opinion of the departmental officer and the overall matter. If the application is deemed approved by the concerned Deputy Director for grant of license or permit Provide instructions:
Provided that, in the case of licenses of bars or off shops, the Director General, if necessary, of the Govt , you can accept no objection.
Notwithstanding anything contained in other sub-rules of this rule, in respect of denatured spirits Examination of the report and related documents submitted by the Deputy Director concerned investigating officer. If deemed reasonable, approve the application and the relevant license or permit Inform the applicant to deposit the fee and within 7 days of the deposit of the said fee and issue the license or permit in the relevant form of schedule-3 within the day.
The grant of license or permit :
If the fee is not paid or the license is accepted within 15 (fifteen) days of notification. The Director General may take necessary decision after considering the reasons thereof.
Application for liquor permit:
Application for permit should be made to the Deputy Director in the relevant form in Schedule-II:
Provided, however, that in the case of tea workers, proof of working in the respective plantations of the application should be attached.
On receipt of an application under sub-rule (1), the Deputy Director shall be concerned with the particulars of the application and shall make an entry in the register and appoint such person as the Investigating Officer. The information and related documents mentioned in the inquiry officer application mentioned in sub-rule (2). And then we have to submit the relevant report to the Deputy Director within 7 (seven) working days of the examination.
Examination of the report and related documents submitted by the Deputy Director Investigating Officer:
If deemed reasonable, the application shall be approved and permitted to the investigating officer concerned. The investigating officer on receipt of directions under sub-rule (8) concerned permit fee The applicant shall be notified of the deposit and 7 (seven) days of the deposit of said fee In the corresponding form of schedule-3 will issue the permit and one copy of the applicant.
Carrying or conveying alcohol by a licensee or permit holder to any other person to be duly authorized to carry or transport alcohol with a certificate of good standing will be On receipt of an application under this rule, the Deputy Director in Form-15 of Schedule-4.
After receiving the supply of alcohol from a licensed warehouse or a wholesale shop, if he cannot carry it himself, he can carry it or transport it through a person appointed by him.
Alcohol may be carried or transported by any one or more routes of rail, road, sea and air, but the route of carriage or transport must be recorded on the pass and alcohol shall not be carried or transported by any other route than the one mentioned in the pass.
In case any alcohol is to be transported through post office or any transport agency, a certified photocopy of the pass shall be affixed securely to the container, container, box, parcel or wrapper of the said alcohol, so that it is not detached in any way and is easily visible.
Alcohol produced in tea plantation areas or hill tribal areas shall not under any circumstances be sold, consumed or carried or transported for any other purpose in any other part of the country.
Provisions to follow in respect of licences. Every licensee shall follow the law, these rules and the notifications, orders issued by the Government or the directions given by the Department from time to time.
Before issuing a license for any commercial activity of alcohol under these rules, the licensing authority shall determine the local demand of the concerned alcohol and may consult with the relevant expert if necessary.
The Director General may, from time to time, collect and test any alcohol produced or processed under the license from the licensee and may cancel the license of the producer or processor if it does not meet the standards specified in the license.
If another 100 are permit holders in any area Alcohol sales license will be issued! Any brand of alcohol approved by the Director General under licenses other than clubs or bars shall be sold sealed and intact.
On every bottle, wrapper or container of alcohol, the words “Drinking is injurious to health” and “Drinking without the provisions of law is a punishable offence” has to be clearly printed in red ink on the packaging.
Restaurants, hotels, clubs, and bars will be able to purchase 40% of their required alcohol from Bangladesh Parjatan Corporation by paying regular duty-taxes or importing it. Hence Clubs with more than 200 permit holders are permitted to import a maximum of 40 percent of foreign liquor, while the remaining 60 percent must be sourced locally.
Regulations regarding the consumption of Alcohol:
Accounts of all alcohol activities covered by the license must be kept. And the said account has to be submitted to the Licensing Authority every month. The Director General may, for reasonable cause, by general order, grant any licence can give instructions to stop the operation of the license. Recreational cultural activities shall not be conducted in shops, bars or places authorized for the consumption of alcohol without the permission of the licensing authority.
In any government body, autonomous body, corporation or economic zone:
After receiving the license to sell alcohol, if any activity under the license is to be conducted by any other person, the prior permission of the Directorate should be taken and then the no-objection of the Directorate should be taken before executing the agreement to assign the responsibility to the concerned person.
General terms and conditions of license of bar, off shop, etc. (1) mentioned in Schedule-5 Bar at times, retail or wholesale off-shops of Belatims, on-shops of Belatims and Desims Shops will be kept open. Friday, Muharram, Shab-e-Barat, Eid-e-Miladunnabi, Shab-e-Qadr, Eid-ul-Fitr and Eid-ul-Azha and from time to time, on designated days bar, off-shop, on-shop and Desims will have to close their shops cannot adulterate with licensed alcohol or alter its strength.
Unusable alcohol shall not be stored in bars, off-shops, on-shops and deshim shops. Bar, Off Shop, On Shop and Deshim's Licensee shall store and operate the premises under his license and all equipment, equipment, materials, utensils, receptacles, etc. in a proper, clean, standard and hygienic manner with appropriate security.
As per Form-1 of Schedule-4 the Licensee has to provide Ajikarnama. The licensee shall be present at the place or shop concerned during the operation of bar, on-shop, off-shop and deshim shops: Provided that if he is unable to be physically present for any reasonable reason, with the approval of the Deputy Director for absence not exceeding 30 (thirty) days and 30 ( For absence for more than thirty days, with the approval of the Director General, he may appoint a representative to manage the concerned Bar, On Shop, Off Shop or Desim's Shop!
Permittees and licensees will be prohibited from displaying alcohol products for commercial or other purposes to attract customers. In Drug Control Act, the regulations also dictate the opening and closing hours of bars and liquor stores. Import, use, and consumption of alcohol or these products are governed by distinct regulations for importers of homeopathic medicines, tea garden workers, and indigenous people in the Hill Tracts region. For the sale of imported liquor, brand registration is required. To supply liquor, alcohol can be imported from any country with trade relations with Bangladesh.
Those with permits can transport alcohol by rail, road, sea, and air, but they must also have a carrying pass.
Beer cannot be produced unless the government's procedure is followed. Alcohol used in industrial, laboratory, and allopathic medicine production, as well as ethyl alcohol, absolute alcohol, rectified spirits, strong alcohol, and industrial methylated spirits, which are not produced in Bangladesh, can be imported. However, no alcohol can be imported without the permission of the Bangladesh Tourism Corporation or the government.
Narcotics Control (License and Permit Fees) Rules:
Previously, alcohol-related issues were governed by the Drug Control Act of 2018, the Narcotics Control (License and Permit Fees) Rules of 2014, the Muslim Prohibition Rule of 1950, the Excise Manual (Volume-II), and various executive orders. There was frequently ambiguity. Additionally, different complications were created at various times.
According to the policy, licenses, permits, and passes are required for the sale, purchase, and transport of alcoholic beverages. With at least 100 local or foreign liquor permit holders, the authorities would be able to issue a license to sell alcohol in a given area.
On Fridays, Muharram, Shab-e-Baraat, Eid-e-Miladunnabi, Shab-e-Kadar, Eid-ul-Fitr, Eid-ul-Adha, and other government-declared holidays, bars and local liquor stores must remain closed. The rule prohibits the consumption of alcoholic beverages by those under 21 years old.
The brewing of alcohol at home is prohibited under the new regulations. Alcohol adulteration is also prohibited. Under the 2018 Narcotics Control Act, the Security Services Division of the Ministry of Home Affairs issued the Alcohol Control Rules 2023 .
Narcotics Control (Liquor License and Permit Fees) Rules:
The revised Narcotics Control Act of 2018 allows hotels, restaurants, and other food establishments to legally sell alcoholic beverages with the proper permits. Clubs with 100 or more permit holders can apply for liquor licenses, and clubs with 200 or more permit holders can apply to become open bars.
The sale of alcoholic beverages is prohibited on Fridays, Islamic holidays, and other official holidays. On normal days, these stores are required to close at 10:30 p.m. unless they have a special license allowing them to remain open until 1:30 a.m.
With the approval of the Director General, licensed vendors may sell any brand of alcohol, not just in bars and clubs. However, the bottles must bear health warnings.
Those under the legal drinking age of 21 may apply for permits to drink by following the appropriate application procedures.
The Narcotics Control Act of 1990 has been repealed and replaced by the Narcotics Control Act of 2018. The new law imposes the death penalty and long-term life imprisonment as punishments for any offender, depending on the nature of the offense. Given the fact that a large number of people, particularly young people, have been using drugs, this initiative by the government was absolutely necessary.
Aside from alcohol or Liquor License, Section 9 of the Act prohibits the cultivation, production, manufacturing, carrying, transporting, exporting, importing, delivering, purchasing, selling, bearing, preserving, displaying, and storage of all other drugs and plants, as well as the ingredients for their production. However, if such a prohibited drug is required for the production of a medicine or scientific research, the government may issue a license for the production, import, export, preservation, sale, and purchase of such drugs.
Establish a distillery in Bangladesh:
According to the law, alcohol refers to any spirit, wine, beer, or liquid containing more than 0.5% alcohol. In addition, Section10 of the Act states that no one may establish a distillery, produce, distribute, sell, consume, import, export, or preserve alcohol without a license or permit from the government. Even for the production of medications that require alcohol, a license is required from the government.
Therefore, any Bangladeshi who wishes to consume alcohol must obtain a permit from the government; in the case of Muslims, such a permit may only be issued for medical reasons. For such a medical treatment permit, one must provide a prescription written by a civil surgeon or associate professor of a medical college. The prescription must include the disease's name and an explanation of why alcohol is necessary for the treatment.
In addition, for distillery in Bangladesh, such alcohol consumption restrictions do not apply to foreigners who are permitted to drink in licensed bars. Diplomatic passport holders have a variety of options for purchasing, transporting, and selling alcohol. In addition, the Act specifies that natives of Rangamati, Bandarban, and Khagrachari are permitted to consume any alcohol traditionally produced in these districts. In addition, those working as a dome, cobbler, sweeper, or tea-garden laborer are permitted to consume "Taree" and "Pochui," which are primarily fermented liquor and spirit.
Punishment and license Revoking for Alcohol and Liquor License:
In accordance with Section 13 of the Act, in order to obtain a license, one must fill out a form, accept the conditions for obtaining the license, and pay a certain fee. The license can then be obtained from the Director General of the Department of Narcotics Control of Bangladesh, pending their approval. This permit must be renewed every three years.
And if someone has a case filed against them for an offense they committed due to moral degeneration and they were sentenced to more than three months in jail or a fine of more than 500 baht, they will be unable to obtain such a license. Furthermore, if a license condition is violated twice, the license will be revoked.
In accordance with Section 36 of the Act, anyone who establishes a distillery and produces alcohol without a license is subject to up to ten years in prison and a fine. Further, for selling, buying, importing, preserving, manufacturing, and distributing alcohol without a license, a person will be imprisoned for six months to three years, if the amount of alcohol is up to ten liters, and for three to five years, if the amount of alcohol exceeds one hundred liters, and for five to ten years, if the amount of alcohol exceeds one hundred liters.
Previous Ban on Liquor License in Bangladesh and dependancy on drugs:
When the news about the legalization of alcohol was posted on news websites with clickbait headlines on social media, as usual, followers divided into two camps and flooded the comment sections with strong opinions. Phensedyl and other cough syrups are illegally brought into the Bangladesh with forged documents hiding those under other commodities like in trucks and buses. Once inside, they find their way to Bangladesh, with which Tripura shares two thirds of its border. The drug is generally sent in its original packaging.
Since liquor or alcohol had been banned in Bangladesh, the drug became a popular alternative for alcohol. Phensedyl used to contain codeine phosphate along with hydrochloride ephedrine and Promethizine, a unique combination for addiction. This is what made it a popular drug of abuse and unfortunately the trend still continues even after the chemical formulation was changed.
History of Bar License in bangladesh:
In 1887, the Englishman Robert Russell Carew established the first distillery in what is now Bangladesh. The Bangladeshi government nationalized the Carew & Co (Bangladesh) Ltd company in 1973. The distillery is part of the Darsana Sugar Mill, which is owned by Bangladesh Sugar and Food Industries Corporation, a state-owned enterprise. Due to the distillery, it is the only sugar out of 15 state-owned mills to generate a profit. The distillery produces whisky, rum, brandy, and gin.
In areas where this section is in effect, the government may regulate the production and disposal of power alcohol by distilleries.
No person may produce power alcohol from any substance other than molasses or any other substance designated by the government by notification in the official Gazette.
Any beverage containing more than 0.5% alcohol is considered an alcoholic beverage under Bangladeshi law. A government license is required for the sale, storage, and transportation of alcoholic beverages. Alcohol consumption in Bangladesh requires a legal permit, which is almost always granted to non-Muslims. A medical prescription is required for Muslims to obtain an alcohol permit. The prescription must be written by a medical college associate professor or a civil surgeon. Foreigners do not require a permit to drink in licensed establishments.
Granting a license and the finality of it:
If a dispute arises as to whether a substance is or is not molasses or another substance specified in subsection (1), the decision of an officer authorized by the government in this regard is final and cannot be challenged in court.
In 2003, the Bangladeshi government authorized Jamuna Distillery Limited of Jamuna Group to produce alcoholic beverages. Jamuna Distillery Limited was the first private company to be granted a license to produce alcohol, breaking the monopoly of Carew & Co (Bangladesh) Ltd. Alcohol is sold in five-star hotels and bars licensed by the government. In 2009, Jamuna introduced Hunter beer to Bangladesh.
In terms of recent rules on the Act, many people viewed the new rules as a religious disgrace, while others celebrated the decision and wished that other drugs would also be legalized. As a result of the comment wars, some individuals opined that, now that alcohol consumption has been "legalized," there will be an increase in drunk-driving accidents in the country. The proponents of the new regulation argue that those who want to consume alcohol will consume it regardless of the law, and that driving under the influence is nothing new in the United States.
Apparently, the new law that has caused chaos in the country is in no way comparable to alcohol laws in Western nations. The new provisions impose minimal restrictions on the ability of wholesalers and retailers to sell alcohol to the general public.
Recent updates regards to Minimum age:
Among other modifications, the legal minimum age for obtaining an alcohol permit has been raised to 21. Additionally, fees for obtaining and renewing alcohol licenses and permits have been increased. Purchase, storage, production, processing, marketing, transportation, and import-export of alcoholic beverages also require licenses and permits.
Even before the recent additions, the Narcotics Control Act of 2018 mandated that Muslims in Bangladesh, whose religion prohibits drinking, could only obtain alcohol permits for medical purposes. The individual must submit a prescription from a civil surgeon or a doctor with a minimum acceptable rank of Associate Professor in order to apply for the permit. The prescription must describe the patient's condition and justify the need for alcohol treatment.
Also, under the previous version of the Act, foreigners and holders of diplomatic and foreign passports were permitted to collect and consume alcohol in Bangladesh without a permit. Rangamati, Bandarban, and Khagrachhari locals were also permitted to consume alcoholic beverages indigenous to their regions without a permit. Small tribal groups and daily laborers, such as cobblers, sweepers, and tea-garden workers, were also prohibited from consuming Taree and Pochui - beverages made from fermented liquor and spirit - without a permit.
Providing alcohol at tourist destinations was essentially an effort to increase tourism sector revenue. Many would agree that a consequence of the illegality of alcohol is that people who want to drink must resort to black markets. These unregulated markets frequently sell tainted or substandard alcohol, which can cause alcohol poisoning and death. A legal and regulated market, on the other hand, is expected to reduce the likelihood of such fatalities.
DGDA in Bangladesh:
The Drug Regulatory Authority of Bangladesh is the Directorate General of Drug Administration (DGDA) under the Ministry of Health & Family Welfare of the People's Republic of Bangladesh.
This DGDA regulates the import, procurement of raw and packaging materials, production and import of finished drugs, export, sales, pricing, etc. of all types of drugs and medicines, including those from the Ayurvedic, Unani, Herbal, and Homoeopathic systems. Currently, the DGDA oversees 47 district offices across the nation. In accordance with the Drug Laws, all officers of the DGDA serve as "Drug Inspectors" and aid the Licensing Authority in carrying out his responsibilities effectively.
In addition for Liquor License in Bangladesh, a number of Committees, including the Drug Control Committee (DCC), the Standing Committee for imports of raw materials and finished drugs, the Pricing Committee, and a number of other relevant Committees comprised of experts from various fields, exist to advise and recommend the Licensing Authority on matters pertaining to drugs and medicines.
প্রয়োজনীয় কাগজ পত্র লাইসেন্স পাওয়ার জন্য:
১. ট্রেড লাইসেন্স এর ফটোকপি (ট্রেড লাইসেন্সে ফার্মেসির নাম উল্লেখ থাকতে হবে)।
২. ভোটার আইডি কার্ড এর ফটোকপি (মালিক ও ফার্মাসিস্ট উভয়ের)৩. দোকান ভাড়া নেওয়ার চুক্তিনামা (On 300 taka stamp)
৪. এ গ্র্রেড/ বি গ্রেড/ সি-গ্রেড ফার্মাসিস্ট এর রেজিস্ট্রেশন (original certificate)
৫. ২ কপি ছবি (মালিক ও ফার্মাসিস্ট উভয়ের)
৬. দোকান এর সাইজ কমপক্ষে ১২০ স্কয়ার ফিট (মেডিসিন শপ) অথবা ৩০০ স্কয়ার ফিট (মডেল ফার্মাসি)
৭. ব্যাঙ্ক সলভেন্সি সার্টিফিকেট (মালিকের)
As part of its comprehensive support for the liquor industry and DGDA, the Tahmidur Rahman Remura Wahid TRW provides, among other legal services:
Comprehensive audit of the company to identify existing and potential legal risks (legal due diligence), development of risk-mitigation recommendations based on audit results. The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to
Development and preparation of the necessary set of contracts for a development and promotion of the necessary set of internal policies and standard procedures, including anti-corruption and compliance procedures to identify and prevent corruption risks, as well as compliance with regulation and conflict of interest when conducting Liquor Bar License and Alcohol law in Bangladesh.
Comprehensive support of issues relating to the Liquor Bar License and Alcohol law industry's use of intellectual property and protection of intellectual property rights; comprehensive support of issues relating to antitrust regulation, including representing the interests of pharmaceutical companies in conducting investigations and reviewing cases of antitrust law violations
