E2 Investor US Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

E2 Investor US Visa from Bangladesh

There are numerous ways to live and work in the United States. However, the E-2 visa is one of the few ways for a foreign entrepreneur to start their own business. The application process for this visa is relatively simple when compared to popular visas such as the H-1B, but qualifying is a different story. Learn about the requirements for the E-2 treaty investor visa.

E-2 treaty investor visas are nonimmigrant visas reserved for foreign entrepreneurs from countries with which the United States has a Treaty of Trade and Commerce. Essentially, this visa allows the foreign investor to develop or carry out the business's investment/trade activities.

The definition of investment activities is frequently ambiguous. The investment must be substantial and made with appropriate funds in order to qualify for the E-2 visa (either personal funds or a loan secured with property).

A significant amount of capital is associated with the total cost of purchasing or establishing the business. It must be sufficient to ensure successful operations as well as adequate to grow the business.

To be eligible for E-2 status, the treaty investor must:

Be a national of a country with which the United States has a commerce and navigation treaty.
Have invested, or are actively considering investing, a significant amount of capital in a legitimate enterprise in the United States
Be looking to enter the US solely to develop and direct the investment venture. This is demonstrated by demonstrating at least 50% ownership of the enterprise or operational control through a managerial position or other corporate device.
An investment is the treaty investor's commercial placement of capital, including funds and/or other assets, with the goal of generating a profit. If the investment fails, the capital must be subject to a partial or total loss. The treaty investor must demonstrate that the funds were not obtained directly or indirectly through criminal activity. For more information, see 8 CFR 214.2(e)(12).

A significant amount of capital is:

Significant in comparison to the total cost of either purchasing an existing business or establishing a new one.
Enough to ensure the treaty investor's financial commitment to the enterprise's success.
Amount sufficient to support the prospect that the treaty investor will successfully develop and direct the enterprise. The lower the enterprise cost, the higher the proportionate investment must be to be considered significant.
Treaty visa E-2

Here's an illustration:

Peter wants to invest in a small flower shop worth $200,000, whereas Sandra wants to invest in a $8 million restaurant chain. To qualify for an E-2 visa, Peter will most likely need to invest the value of the flower shop. Sandra, on the other hand, will most likely be able to qualify by investing 10-15% of the restaurant chain's value.

A genuine enterprise is a legitimate, active, and profitable commercial or entrepreneurial venture that produces services or goods for profit. It must comply with all applicable legal requirements in order to conduct business within its jurisdiction.

Marginal Businesses

The investment venture may not be insignificant. A marginal enterprise is one that does not have the current or future capacity to generate more than enough income to provide the treaty investor and his or her family with a minimum standard of living.

Depending on the circumstances, a new business may not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise must be able to generate such income within five years of the treaty investor's E-2 classification beginning. 8 CFR 214.2(e) (15).

E-2 processing time is typically 2-4 weeks from the time of filing. Some US embassies may take longer to process. Be aware that depending on the specifics of your case, additional time may be required. Your processing time will be more accurately explained by an E-2 lawyer.

Countries with E-2 Treaty Investor Visas

The E-2 investor trader visa is only available to citizens of countries with which the United States has a treaty. The Department of State keeps an up-to-date list of these countries. To be eligible, you must be a British national and a resident of the British Isles.

It is important to note that you do not have to be currently residing in the treaty country to be eligible for an E-2 visa. You simply must be a citizen of that country. Furthermore, any workers or family members you bring with you through your E-2 status do not have to be from your treaty country.

The Benefits of an E-2 Treaty Investor Visa

On an E-2 Treaty Investor Visa, you can enjoy a number of benefits, including:

• Freedom to enter and exit the United States
• Work legally in the United States for the company.
• Stay in the country for an extended period of time with extensions available.
• Employers may accompany you under your E-2 status.
• Allow dependents or relatives to accompany you while working in the United States.
• Spouses and children (under 21 years old and unmarried) may be granted derivative E visas to accompany the principal visa holder. An E visa holder's spouse may apply to DHS for work authorization. Dependent children of E visa holders are not permitted to work in the United States.
• Dependents can attend public and private schools in the United States, as well as colleges and universities, without the need for an F1 visa.
• Spouses and dependents may also apply for EADs (employment authorization documents) to work in the United States.

The Drawbacks of the E-2 Treaty Investor Visa

Each visa has advantages and disadvantages. Depending on your circumstances, the E-2 visa may not be appropriate for you. The following are some of the most common reasons why the E-2 visa may not be appropriate or desirable:

Only nationals of countries with investment treaties are eligible (see list above)
Must work for the specific company to which the E-2 visa is linked. Approved in increments of two years, so the application process may be complicated depending on the time length you require.
Stay Duration

Qualified treaty investors and employees will be granted a two-year initial stay. Requests for extensions of stay may be granted in two-year increments. There is no maximum number of extensions that an E-2 nonimmigrant may be granted. When their status expires or is terminated, all E-2 nonimmigrants must maintain an intention to leave the United States.

When returning to the United States, an E-2 nonimmigrant may be granted an automatic two-year period of readmission. Please keep in mind that, while your E-2 visa may be issued for 3 months or up to 5 years (depending on reciprocity laws with your country of nationality), your period of authorized stay in the United States is determined by your I-94, which is issued when you enter the country with an E-2 visa.

Making an E-2 Visa Application

It is best to consult with an immigration attorney to learn about any additional benefits or drawbacks that may apply. If you are currently in the United States, you must submit a visa application to the USCIS service center. Otherwise, send your application to your home country's consulate.

If you are currently in the United States under a different nonimmigrant status, your status will be changed to E-2 once your I-129 is approved. If you are outside the country, you will almost certainly need to fill out a DS-160 online nonimmigrant visa application and bring it with you to your consular interview. An officer will review your case and supporting documents during the E-2 interview to determine whether your case is legitimate. The most important thing to remember is to be truthful, even if you don't know the answer to a question.

Employees and their families

One of the benefits we mentioned was the ability to bring your family as well as employees to help you advance your business. It is important to note that the nationalities of your family or employees do not have to be from a treaty country; this requirement only applies to the principal beneficiary. Spouses of E-2 investors and workers may also apply for work authorization using Form I-765.

Fees for E-2 Visas

A notable advantage of the E-2 visa is that, aside from the initial investment, the cost of filing is relatively low when compared to other common nonimmigrant visas such as the H-1B or the L-1. The following are the E-2 visa fees to be aware of:

• All I-129 petitions require a $460 filing fee.
• If you are filing the petition while abroad, you must file a DS-160 application, which costs $205.
• In many cases, you will be required to schedule a biometrics appointment, primarily to have your fingerprints taken. You will be charged a $85 fee in this case.
• Remember that your family can accompany you as well as your employees, but each one requires a separate I-129 form.
• Additionally, you can pay an additional fee of $1,440 to have your petition processed in 15 calendar days. Remember that this does not increase your chances of approval; it simply shortens the time it takes to process your petition.
• Visa Rejection for E-2

One of the most common concerns when applying for a visa is that it will be denied or rejected. Let's go over why this could happen to your E-2, how to avoid it, and what to do if you receive an unfavorable decision.

First, we must recognize the distinction between rejection and denial. When a petition is received by the USCIS, it goes through two stages. An evaluating officer will perform a cursory check in the first phase to ensure that all required information is completed, all required documentation is present, and all fees are correct. If your petition fails this test, it will most likely be rejected.

Petition to USCIS

If your petition passes this first stage, the officer will examine it more closely. He or she will review the supporting documentation to determine whether your case qualifies for an E-2 visa. Otherwise, your petition may be denied. You may also receive a request for evidence (RFE) if additional supporting documentation would be beneficial to your case.

If you receive a rejection, work with your immigration attorney to determine the exact error or omission that caused the rejection and correct it before refiling. You will, however, be responsible for a new filing fee and petition. If your petition is denied, you will most likely face a more serious problem, as your case was denied on the basis of merit. This could be because your investment was insignificant, or you were deemed ineligible to advance the enterprise. Your immigration lawyer can explain the reasoning behind it to you.

Fortunately, if your E-2 petition is denied, you may have options. Depending on your circumstances, you may be able to file a legal motion or appeal the decision, both of which should be done with the assistance of a qualified attorney.

Following an E-2 visa denial, two legal actions can be taken: a motion to reopen and a motion to reconsider. In a motion to reopen, you would ask for your closed case to be reopened because new documentation or evidence has come to light that could change the outcome of the decision. If, on the other hand, you believe the evaluating officer's decision was incorrect and you (or, more likely, your attorney) are willing to argue this legally, you may want to file a motion to reconsider.

Finally, you may be able to appeal the decision to a third party. The Administrative Appeals Office hears these cases and has the authority to uphold or reverse the evaluating officer's decision. Consult with your attorney to determine how to proceed.

Changing an E-2 Visa to a Green Card

Transitioning from a nonimmigrant (temporary) visa to an immigrant visa (green card) is often a lengthy and complicated process, particularly with certain types of green cards. Most E-2 visa holders apply for an employment- or investment-based green card, which may or may not be applicable to you depending on your circumstances. Here are some popular options:

• The EB-5 visa is for foreign investors.
• The EB-1 visa is intended for exceptional aliens, outstanding researchers and professors, or multinational executives and managers.
• The EB-2 visa is reserved for those with a master's degree or exceptional ability in their field.
• While it is uncommon for E-2 visa holders to apply for an EB-2 green card, it does occur. In this case, be sure to read our guide on PERM Labor Certification to gain a better understanding of the process.

The EB-1 visa is attainable, particularly if you can demonstrate exceptional achievement. You can apply for this qualification without the need for a sponsoring employer.

However, because the requirements are similar, one of the most common green cards that E-2 visa holders petition for is the EB-5. To qualify for an EB-5, you must invest at least $1 million in a U.S. enterprise or $500,000 in a rural or high-unemployment area.

Once you've invested the funds, you'll need to submit an I-526 petition to the USCIS along with the required fees to begin the EB-5 process (if you are going for the EB-1 or EB-2, you will need to send the I-140 petition). The date they receive your petition will be your priority date. You should keep that date handy and compare it to the final action dates listed in the Department of State's monthly newsletter. When your priority date matches or exceeds the final action date specified in your green card category and country of origin, your priority date is considered current, a visa number is issued, and you can proceed to the next step.

Once your priority date is current, you will have two options: status adjustment or consular processing. Because you are already in the United States on a nonimmigrant visa (e.g., your E-2 visa), you can simply file an I-485 application to have your status changed from nonimmigrant to immigrant. Although this is the quickest route, it takes an average of six months and can be quite expensive depending on your age.

If you choose to use consular processing, you can travel to your home country's US Consulate or Embassy and participate in a one-on-one interview with an immigration officer. This usually costs less (excluding travel expenses) and takes less time, so you and your attorney can decide which path is best for you. In either case, your green card will be issued once your application is approved.

How a Tahmidur Rahman Remura Wahid TRW immigration law firm E-2 Lawyer Can Assist

As an investor, you are probably aware that failing to protect your investment can result in devastating time and financial losses. Hiring an immigration attorney with extensive experience in E-2 visas is critical to ensuring that no simple mistakes prevent you from realizing your dream in the United States.

Looking for an experienced E-2 visa lawyer? Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group's attorneys can assist you in filing an E-2 visa based on USCIS and US Department of State guidelines. We have assisted countless other investors in getting started in this country. During your consultation, we'll explain which course of action is best for your situation. If we determine that you do not meet the requirements for an E-2 visa, we will investigate what other non-immigrant status options may be available to you.

Fill out this contact form to schedule your consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group immigration attorney today.

Validity of E-2 Visa

E-2 visas are valid for five years and can be renewed with two-year extensions as long as you meet the requirements. However, you are not permitted to stay in the United States for five years without leaving; you must renew your E-2 visa after two years. You should be aware of some distinctions for specific countries because they may affect the validity period in your case.

You can now apply for a 2-year extension after your 5-year period expires. There are currently no restrictions on the number of extensions you can obtain.

How to Request an E-2 Visa Extension

Assume you are still on your original 5-year E-2 visa term and are ready to apply for an E-2 extension because you are approaching the 2-year mark. The procedure is extremely simple. There are two options for extending your status.

The first option is to receive an extension when you re-enter the United States as long as you meet the requirements of the visa. This may not be convenient or manageable depending on your travel schedule.

If you do not intend to leave the United States before your visa expires, the second option is to apply for an extension of stay. E-2 visa extensions are granted in 2-year increments. To request an extension of stay, you must submit the following documents:

• Petition for Non-immigrant Worker, Form I-129
• Application to Extend or Change Nonimmigrant Status, Form I-539
• Form I-94 Arrival/Departure document copy
• Original Form I-797, Notice of Action, copied (if status was previously extended or approved)
• Passport photocopy and E-2 visa
• Employer letter demonstrating the need for an extension
• Personal and business tax returns from the previous two years, as well as payroll tax returns
• It is important to note that if you file the extension before your I-94 expires, you can continue to work for 240 days pending the decision. If you file after the expiration date, you can only stay for 40 days pending the decision. What happens if you don't hear back within 40 days? You will be required to stop working and leave the United States.

How to Request an E-2 Visa Renewal

Assume your original 5-year period (which varies by country) is coming to an end and you are ready to apply for an E-2 visa renewal. This renewal will give you another two years of residency in the United States and can be applied for as many times as you want. When applying for renewal, you have two options, depending on where you apply:

If you are applying from outside the United States, you must do so through a United States consulate.
If you are applying from within the United States, you must use the USCIS process.
A large number of documents must be submitted. In fact, this is a very complex area of US immigration law, and it is recommended that you consult with an experienced attorney to ensure that your application is properly submitted. The performance of your US venture and the need for you to be physically present in the US will be important assessment factors in your renewal.

What to Do If You Are Denied

As long as you meet the renewal requirements, your E-2 visa extension is unlikely to be denied. However, some E-2 visa holders are unable to extend their visas.

For example, your 2-year extension is extremely unlikely to be denied at the border. Border control officers frequently deal with these types of renewals, and you should not be denied unless you have violated US laws or immigration regulations. If you have trouble renewing your visa at the border, you can still use the second option and file Form I-129.

Assume the worst-case scenario occurs, and your renewal or extension is denied. The first thing you should know is that you will receive a detailed statement outlining the reasons for the denial along with the denial notice. Depending on the reason for the denial, you must complete Form I-290B and either of the following:

Filing an Administrative Appeals Office appeal; filing a motion to reconsider the USCIS decision; or filing a motion to reopen the USCIS decision

The Most Common Reason for Renewal Denial

The marginality requirement is one of the most common reasons why your renewal application may be denied. Marginality is a concept unique to an E-2 visa that states that the business must be profitable in addition to providing for the owner and their family. The government of the United States wants business immigrants to contribute to the economy, and one way they can do so is by creating jobs. When you've been in business for five years, you should have been able to scale it up to the point where you can afford to hire several employees.

The most common reason for renewal applications being denied is a lack of proof that they are no longer marginalized. An experienced immigration attorney can assist you in gathering and submitting sufficient evidence and supporting statements to meet this requirement.

Frequently Asked Questions About the E-2 Visa

The following are some frequently asked questions about the E-2 visa, E-2 visa renewal, and E-2 visa extension:

Q. Are there any restrictions on my travel while on an E-2 visa?

One of the benefits of the E-2 visa is that there are no travel restrictions imposed (i.e., number of times you are permitted to leave and re-enter). The USCIS also does not specify how long you can stay abroad before having to return.

Q. Can the main applicant or family members study on an E-2 visa?

You can study on an E-2 visa but cannot join a full-time program like those on F1 as long as it does not jeopardize the primary purpose of your visa. Furthermore, your children and spouse are eligible to study in the United States without the need for any additional visas or applications.

Q. Can I change my status while on E-2?

Yes, you can change your status by filing Form I-129, Petition for Nonimmigrant Worker, or Form I-539, Application to Extend/Change Status.

Q. How long does it take to process an extension or approval?

It usually takes 2 to 4 weeks from the time the application is filed. Please keep in mind that this can change depending on the workload at the US Consulate and US processing centers. However, depending on the form, your wait times may be longer or shorter due to the number of forms you must submit.

Q. When is the best time to request an extension?

It's best to apply for an E-2 visa extension before your I-94 expires. If you file the extension before your I-94 expires, you can stay for 240 days pending the decision, whereas if you file after the expiration, you can only stay for 40 days.

Q. Can my spouse and children work while I'm on E-2?

While on an E-2 visa, you can bring your spouse and dependents (under 21) with you and they will be able to work in the United States. They'd need to get an EAD and apply for a Social Security number.

Q. Can I apply for a Green Card while on E-2?

If you meet the requirements, you can apply for a Green Card. There are several general routes to obtaining a green card. The first option is the EB-1 visa. You can take this route if you are a "Alien of Extraordinary Ability" or a "Multi-manager or Executive." The second option is to obtain a Green Card through Family Based Immigration. It's a good idea to look into this option if you have a close relative in the United States.

To learn more about these paths to citizenship or E-2 visa renewal steps, contact a qualified Green Card Lawyer.

How an E-2 Lawyer Can Assist

An E-2 visa attorney can assist you in filing an E-2 visa renewal or extension in accordance with USCIS guidelines. Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group will explain which course of action is best for your case during your extensive consultation.

How much does E-2 Visa Cost for Bangladeshi citizens?

E2 visa cost – Bangladesh

Minimum investment amount is typically over US $150K (Bangladeshi Taka 12.9 million). For investor present in USA – Form I-129 fee $460 (Form I-539 – $370 per dependent), 15 days premium processing at $1,440. Investor in Home-country – $205 fee per DS-160 form. Lawyer’s charges, Business entity formation costs.

Bangladesh Bank is the regulatory body that has framework and monetary policy for moving assets and money outside of Bangladesh.

Which countries have an E-2 visa treaty with the USA?

E2 Visa Treaty Countries list:

THE BENEFITS OF AN E-2 VISA from Bangladesh:

Bangladeshi investors are permitted to establish, advance, and operate a business in the United States.

There is no required minimum investment amount, and no specific amount is mandated by law. The regulations only state that the investment must be sufficient to develop a successful, non-marginal business that meets the above criteria.

The spouse of an E-2 investor will be issued an E-2 dependent visa, allowing them to apply for work authorization based on their E-2 dependent visa.

Children under the age of 21 of an E-2 Investor will be issued an E-2 dependent visa and will be able to attend the school of their choice.

The E-2 visa holder has the option of living outside the United States for an unspecified period of time and returning to the country as long as their visa is valid.

E-2 visa holders may be granted a visa for one to five years at first. Extensions of stay for another 2-5 years are possible. There is no legal limit on how many times an E visa holder can extend their stay, so they could theoretically remain in the United States on E-2 visa and status indefinitely, as long as the investor owns the Company with a substantial profit and the Company does not become "marginal" in nature.

Accompanying Spouse and Children under the age of 21 would qualify for Legal Permanent Resident (LPR) known as Green Card through the principal applicant if the principal applicant changes his status from E-2 to H1B Entrepreneur/Self-Employed or through the Spouse if the Spouse changes his/her status in the United States through a suitable employment category and then applies for Green Card through the sponsoring company. If the principal applicant is unmarried, he or she can apply for a green card by marrying a US citizen or permanent resident.

E-2 visa for citizens of Non-Treaty countries

Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa.

Is an Bangladeshi national eligible for an E-2 Visa?

Yes, As an Bangladeshi citizen, you are eligible for an E-2 Visa. Bangladesh has signed the E-2 treaty with the US.

Can a spouse of a E-2 Visa holder from Bangladesh work in the US?

Spouses of E-2 visa holders from Bangladesh are able to work in the US only once they apply for work authorization by filling form I-765, if approved they are allowed to work in the US.

Can an Bangladeshi citizen work in the USA with an E-2 Visa in 2023 ?

Yes. As a Bangladesh national, you are eligible to work in the US but only the business that you have invested or if you are an employee at the organisation which sponsored your E-2 visa.

For an Bangladeshi citizen, What businesses qualify for an E-2 Visa?

There is no specific list of businesses under the E-2 treaty. As long as the investor has made a significant investment in a business and is approved by the US citizenship and immigration services.

What happens when an Bangladeshi citizen's E-2 Visa for USA expires?

The E-2 visa holders from Bangladesh are allowed to renew their visas. The extensions are granted for 2 years and there are no restrictions on the number of extensions available to the E-2 investors.

H-1B US Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

H-1B US Visa from Bangladesh: A Comprehensive Guide for 2023

Foreign professionals can work in the United States thanks to the H-1B visa. It enables employers to hire qualified foreign workers in specialty occupations in the United States on a temporary basis. Based on his or her acquired skills, the foreign professional may be able to obtain a position in the United States. To be eligible for the H-1B Visa, both the US employer and the potential employee must follow the USCIS conditions and regulations. The H-1B visa requirements aim to ensure that both the US employer and the foreign professional adhere to Department of Labor standards. Filing for a Labor Condition Application is an important part of this compliance (LCA).

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

Fortunately, the H-1B visa is a dual-purpose visa, which means you can apply for permanent resident (green card) status. If this is your goal, you must approach your current H-1B employer or another U.S. employer to have them sponsor you for your 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.

EB1 Green card and extraordinary visas in USA from Bangladesh

by Tahmidur Remura Wahid | Nov 17, 2022 | 2023, Law

What exactly is an EB-1A Green Card?

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:

The processing of EB1 green card applications is subjected to heavy scrutiny by USCIS.

EB-1A Prerequisites:

To be eligible for the EB-1A, an applicant must be:

• Capable of demonstrating exceptional talent in the sciences, arts, education, business, or athletics.
• Reputable in your field, with verifiable proof of the applicant's accomplishments.
• Continue working in your recognized field.
• Acquire national or worldwide recognition.

The chart below shows the EB1 Green Card procedure qualifying criterion as well as the EB-1A criteria:

EB-1A requirements

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigrant-first-preference-eb-1.

EB-1A Documentation and Requirements:

1. 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.

2. I-140 Petition Form (USCIS)

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.

3. 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.

EB-1A Green Card Application Process

In order to self-petition for EB-1A green card, you must first file the USCIS Form I-140, Petition for Alien Worker.

If Applicant is in the U.S.

If priority date is current for EB-1A category for applicants from your country of birth, you and your dependents can file Form I-485, Application to Register Permanent Residence or Adjust Status.

You can check if the priority date is current here.

Scroll down to “Final Action Dates for Employment-Based Adjustment of Status Applications” table and find your country of birth.

EB-1A category is called “Employment-Based 1st”.

If priority date is current, you and your dependents can file Form I-485:

• Together with your Form I-140 (“concurrent filing”)
• After your Form I-140 is registered but before it’s approved
• After Form I-140 is approved.

Filing Form I-485 concurrently allows you to apply for Employment Authorization Document and travel document too.

You can check the average processing time of Form I-140 and Form I-485 on the USCIS website.

Keep in mind that the processing times are approximate.

Each case has a unique processing time that depends on many factors.

What if I'm not in the United States?

If you are currently outside the U.S. then, you will need to get Form I-140 approved first.

Once Form I-140 is approved, you and your dependents can apply for immigrant visas at a U.S. Embassy/Consulate in your country of residence.

This process is also called “consular processing”.

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

See File My Application Online for more information on filing fees.

How long does an EB-1A application take?

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

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.

See File My Application Online for more information on filing fees.

EB-1A Green Card Process and Documentation

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-485, Application to Register Permanent Residence or Adjust Status;
• 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)).
• Form I-864, Affidavit of Support Under Section 213A of the INA (if your U.S. citizen or lawful permanent resident relative filed Form I-140. Or by a relative who is a U.S. citizen who holds 5% or more of ownership interest in a for-profit entity.) For more information, see Instructions for Form I-864.

Note: A "relative" is a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son, daughter, brother, or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485 or by mail upon request or at your in-person interview);
• Certified police/court records that include a complete criminal background report;
• Form I-601, Application for Waiver of Grounds of Inadmissibility;
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal; 
• J-1 or J-2 nonimmigrant status documents (proof of compliance or a 2-year foreign residence waiver under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement); 
• Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities (if for A, G, or E nonimmigrant status.) 
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only for A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A "Adjustment of Status Under Section 245(i)." 

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.

See the Instructions for Form I-485 for more information on applying for adjustment of status.

How We Can Assist You - EB1 Green Card Process

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.