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L-1 Visa Guide for Bangladeshi Professionals and Companies
In today’s global economy, U.S. immigration options like the L-1 visa play a pivotal role for multinational companies and their key employees. At TRW Law Firm, we regularly assist Bangladeshi businesses and professionals in navigating the complex U.S. immigration landscape. Among the most common queries we receive is whether the L-1 visa is lottery-based, how it compares to the H-1B visa, and what specific benefits it offers.
This article consolidates essential information to help Bangladeshi companies, executives, and skilled professionals understand and make strategic use of the L-1 intracompany transfer visa.
🟩 Is the L-1 Visa Lottery-Based?
No, the L-1 visa is not lottery-based.
Unlike the H-1B visa, which operates under an annual cap of 85,000 visas and a highly competitive lottery system, the L-1 visa has no such numerical limit. This means:
🟩 If an applicant meets the eligibility criteria 🟩 The employer demonstrates a qualifying relationship 🟩 All required documentation is provided
→ Then the L-1 visa can be approved without needing to win a lottery.
✅ What This Means for Bangladeshi Companies:
You can strategically plan for staff relocation without uncertainty.
You avoid the seasonal constraints of the H-1B lottery cycle (which usually opens in April).
You can establish new offices in the U.S. and transfer key personnel immediately.
TRW Law Firm assists clients in properly structuring their L-1 visa petitions to meet all eligibility criteria from the outset—minimizing delays and increasing approval rates.
🟩 Is the L-1 Visa Better Than the H-1B Visa?
This question does not have a one-size-fits-all answer. The right visa depends on the specific profile of the applicant, the employer’s structure, and the nature of the intended role in the United States.
Here’s a comparative look:
Feature
L-1 Visa
H-1B Visa
Basis
Intracompany transfer
Employment in specialty occupation
Employer Type
Multinational only
Any U.S. employer
Prior Experience
1 year with foreign company
Not required
Visa Cap
No cap
Capped (85,000 annually)
Lottery
No
Yes
Green Card Path
Easier for L-1A (via EB-1C)
Requires PERM (labor certification)
Spouse Work Rights
L-2 spouses can work
H-4 spouses may face restrictions
Job Flexibility
Must stay with sponsoring company
Can change employers with new petition
🔍 When L-1 Might Be Better:
You work for a multinational company with a U.S. office or are planning to open one.
You are in a managerial or executive role, or have specialized knowledge.
You want to avoid the uncertainty of the H-1B lottery.
Your spouse wants to work in the U.S.
🔍 When H-1B Might Be Better:
You are an independent professional with no prior affiliation with a multinational.
You want more job mobility in the U.S. market.
Your employer is a U.S.-based company with no foreign presence.
At TRW Law Firm, we help Bangladeshi professionals choose the right path between L-1 and H-1B based on long-term immigration goals, family considerations, and career ambitions.
🟩 What Are the Benefits of the L-1 Visa?
The L-1 visa offers a wide range of benefits for both employers and employees, especially those in Bangladesh’s growing corporate sector looking to enter or expand in the United States.
🟩 Key Benefits for Applicants:
🟢 No Lottery or Cap Applicants are not subject to the unpredictability of a visa lottery. If you qualify, you get approved.
🟢 Work Authorization for Spouses L-2 spouses can apply for work authorization (EAD), allowing them to work without any industry or location restrictions.
🟢 Path to Green Card L-1A visa holders (executives/managers) can apply for permanent residency via the EB-1C category, which does not require labor certification (PERM)—a time-consuming step in the H-1B route.
🟢 Quicker Processing With premium processing, L-1 petitions can be adjudicated in as little as 15 calendar days.
🟩 Key Benefits for Employers:
🟢 Seamless Internal Mobility Easily relocate key employees from Bangladesh to the U.S. without waiting for H-1B lottery windows.
🟢 Start New U.S. Offices If your company is launching a new subsidiary or branch in the U.S., the L-1 visa allows you to send founding personnel to set up operations.
🟢 Multiple Roles Supported Whether it’s executives, managers, or specialists, the L-1 visa has variants (L-1A and L-1B) that cater to different operational needs.
🟢 Business Continuity Transfer trusted personnel to U.S. operations who are already familiar with the company’s structure and values—minimizing onboarding costs.
🟩 How Long Can You Stay in the U.S. on an L-1 Visa?
The duration of stay under an L-1 visa depends on the type of visa issued and whether the applicant is working in a new U.S. office or an existing one.
🟢 Initial Stay:
New Office: 1 year (L-1A or L-1B)
Established Office: 3 years
🟢 Maximum Stay Allowed:
L-1A (Managers & Executives): Up to 7 years
L-1B (Specialized Knowledge Employees): Up to 5 years
Extensions are typically granted in two-year increments, provided the individual continues to meet eligibility requirements and the company maintains its qualifying relationship.
🟩 Why Choose TRW Law Firm for Your L-1 Visa Application?
Whether you’re a C-suite executive in Dhaka, a mid-level manager in Chattogram, or a growing startup owner looking to expand into the U.S., TRW Law Firm offers tailored legal strategies to maximize your success.
✅ What We Offer:
Full evaluation of L-1 or H-1B suitability
Structuring new U.S. entities for L-1 new office compliance
Drafting and filing comprehensive USCIS petitions
Preparing employer support letters, business plans, and organizational charts
Handling premium processing filings and extension documentation
Guiding you through Green Card transition (EB-1C)
We pride ourselves in being Bangladesh’s most forward-thinking, efficient, and globally-connected immigration law firm.
🟩 Final Thoughts
The L-1 visa offers a lottery-free, cap-exempt, and business-friendly pathway for Bangladeshi professionals and companies seeking to grow their footprint in the U.S. With the added benefit of dependent spouse work rights, Green Card eligibility, and flexibility for various corporate roles, the L-1 visa stands as a robust and attractive option.
TRW Law Firm is committed to making global mobility possible for Bangladeshi talents and corporations. If you’re ready to build your future in the United States, we’re ready to guide you every step of the way.
🟩 Contact TRW Law Firm Today
Let our immigration team handle the complexities—so you can focus on your business, your family, and your future.
Understanding the Difference Between H-1B and L-1 Visas from Bangladesh: A TRW Law Firm Guide
In the globalized world of employment and talent migration, U.S. visa categories such as the H-1B and L-1 visas are among the most commonly sought options by professionals and companies in Bangladesh. At TRW Law Firm, we frequently advise corporations, executives, and skilled professionals navigating U.S. immigration procedures on the nuances of each visa type. Despite appearing similar at first glance—both allowing foreign nationals to work in the United States—the H-1B and L-1 visas serve distinct purposes and have key differences in eligibility, requirements, and flexibility.
In this article, we present a comprehensive guide tailored for Bangladeshi applicants and employers, outlining the core differences between the H-1B and L-1 visas, their respective requirements, benefits, and strategic use cases.
🟩 Overview of the H-1B and L-1 Visas
Feature
H-1B Visa
L-1 Visa
Purpose
Employing foreign professionals in specialty occupations
Transferring foreign employees to a U.S. office of the same company
Employer Sponsorship
Required from a U.S.-based company
Required from a multinational company with offices in both the U.S. and abroad
Employee Requirements
Bachelor’s degree or higher in a specialized field
At least 1 year of work with foreign company in the last 3 years
Work Flexibility
Can change employers with new petition
Restricted to the sponsoring employer
Initial Duration
Up to 3 years
Up to 3 years (L-1A) or 1 year (new office), extendable
Maximum Stay
6 years
7 years (L-1A) or 5 years (L-1B)
Cap/Quota
Subject to annual quota (85,000)
No cap
Path to Green Card
Available
Available and often easier for L-1A
Dependents
H-4 visa, limited work rights
L-2 visa, eligible for work authorization
🟩 What is the H-1B Visa?
The H-1B visa is designed for foreign professionals working in specialty occupations, including but not limited to IT, finance, engineering, architecture, and healthcare. A U.S. employer must sponsor the applicant by filing a petition with the U.S. Citizenship and Immigration Services (USCIS).
✅ Key Requirements:
The position must require at least a bachelor’s degree or equivalent.
The applicant must possess the required educational qualifications.
The employer must pay the prevailing wage for the position in the geographic area.
The role must align with a specialty occupation as defined by USCIS.
🔄 Job Flexibility:
H-1B visa holders can change employers by having a new employer file a petition on their behalf—a process known as H-1B portability.
🧮 Cap Restrictions:
65,000 regular cap + 20,000 cap for U.S. master’s degree holders
Petitions usually open in April with a start date in October
Lottery system due to high demand
⏳ Duration:
Initial stay: 3 years
Extensions: Up to a maximum of 6 years
H-1B holders can pursue a Green Card while on H-1B (dual intent allowed)
🟩 What is the L-1 Visa?
The L-1 visa enables multinational companies to transfer employees from their foreign offices to a related U.S. office. It is ideal for companies establishing U.S. operations or expanding their global workforce.
There are two main types:
L-1A: For executives and managers
L-1B: For employees with specialized knowledge
✅ Key Requirements:
Applicant must have worked at least one year (within the last 3 years) for the foreign company.
There must be a qualifying relationship between the U.S. and foreign entities (parent, subsidiary, affiliate).
The applicant must be transferred to a similar or related role.
🚫 Limited Flexibility:
L-1 visa holders cannot switch employers. The visa is tied to the sponsoring employer and role.
⏳ Duration:
L-1A: Initial stay of 1 or 3 years, extendable up to 7 years
L-1B: Initial stay of 1 or 3 years, extendable up to 5 years
New office L-1A: Limited to 1 year initially
🌱 Green Card Pathway:
L-1A visa holders enjoy a smoother transition to a Green Card via the EB-1C category, which does not require a PERM labor certification.
🟩 Key Differences Between H-1B and L-1 Visas for Bangladeshi Professionals
🔹 Sponsorship Source:
H-1B: A U.S. company sponsors the worker directly for a job in the U.S.
L-1: A Bangladeshi company with a U.S. presence can transfer the employee internally.
🔹 Quota System:
H-1B visas are subject to an annual numerical cap and require participation in a lottery system.
L-1 visas are not capped, making them more predictable and accessible for qualifying firms.
🔹 Job Mobility:
H-1B allows changing employers (with new petition).
L-1 does not allow job changes outside the parent/affiliate structure.
🔹 Time with Employer:
H-1B applicants need no prior relationship with the employer.
L-1 applicants must have at least 1 year of prior employment with the foreign entity.
🔹 Dual Intent and Green Card Path:
Both allow dual intent (you can apply for a Green Card).
L-1A often leads to a faster EB-1C Green Card path.
🟩 Strategic Considerations for Bangladeshi Companies and Professionals
For Bangladeshi Professionals:
H-1B may be suitable if you’re a skilled worker with a job offer from a U.S. company and wish to have employer mobility.
L-1 is ideal if you’re currently working for a multinational with a U.S. office and are being internally transferred.
For Bangladeshi Businesses:
Use the L-1 visa to establish or expand operations in the U.S. by sending senior staff or specialists.
Utilize L-1A to bring in executives to build or scale U.S. teams, while offering them a path to permanent residency.
🟩 Common Scenarios from Bangladesh
🔸 H-1B Example:
A Bangladeshi software engineer gets a job offer from a tech company in California. The employer files an H-1B petition during the lottery season. Upon selection and approval, the engineer relocates to the U.S. under H-1B status and can later switch to another employer if desired.
🔸 L-1 Example:
A senior finance manager at a Dhaka-based multinational is selected to head operations in the New York office. After completing one year in the Dhaka office, the company files an L-1A visa petition, and the manager is relocated to oversee the U.S. division.
🟩 Compliance and Documentation
H-1B Visa:
Labor Condition Application (LCA) from U.S. Department of Labor
Proof of qualifying relationship between companies
Employee’s work history, organization charts, and business plans for new offices
🟩 How TRW Law Firm Can Help
At TRW Law Firm, we offer holistic support for individuals and companies in Bangladesh navigating the U.S. immigration landscape. Whether you’re an IT professional exploring the H-1B route or a company planning to expand to the United States via the L-1 visa, our expert attorneys provide:
🟩 End-to-end visa filing and documentation 🟩 Strategic advice on choosing the right visa path 🟩 Business structuring for L-1 new office eligibility 🟩 Immigration compliance and Green Card planning 🟩 Interview and consulate preparation
We understand the challenges Bangladeshi clients face when entering the U.S. employment market and ensure a personalized, strategic approach for every visa journey.
🟩 Conclusion
Both the H-1B and L-1 visas serve as valuable tools for professionals and businesses in Bangladesh aiming to establish a foothold in the United States. The key lies in understanding their differences and aligning your immigration strategy with your career goals or corporate objectives. While the H-1B offers flexibility and broader job market access, the L-1 provides a streamlined path for internal transfers and long-term residency.
Let TRW Law Firm be your trusted partner in choosing the right path forward.
🟩 Contact TRW Law Firm
For tailored visa solutions and U.S. immigration guidance, contact us today.
EB-1A Visa Process: A Complete Guide for Applicants from Bangladesh (2025)
Presented by TRW Law Firm
What is the EB-1A Visa?
The EB-1A visa is a prestigious, employment-based U.S. immigrant visa designed for individuals with extraordinary ability in their field. Whether you are a scientist, artist, business leader, educator, or athlete, this visa allows you to live and work in the United States without requiring a job offer or labor certification. Applicants can self-petition, making the EB-1A visa one of the fastest and most flexible paths to a U.S. green card.
For top-tier Bangladeshi professionals, academics, and entrepreneurs aiming for permanent residency in the U.S., the EB-1A provides a powerful legal route—when properly prepared and strategically presented.
EB-1 Visa Categories at a Glance
There are three subcategories under the EB-1 employment-based visa:
EB-1A: Individuals of extraordinary ability in science, arts, education, business, or athletics
EB-1B: Outstanding professors or researchers
EB-1C: Multinational executives or managers
This guide focuses specifically on the EB-1A visa, ideal for self-motivated Bangladeshi applicants who have achieved significant national or international acclaim in their domain.
EB-1A Eligibility Criteria
To qualify for an EB-1A visa, you must demonstrate extraordinary ability, meaning you are among the top percentage of professionals in your field. You do this by meeting at least 3 out of 10 specific evidentiary criteria provided by the U.S. Citizenship and Immigration Services (USCIS).
You may qualify if you have evidence of:
National or international awards for excellence
Membership in associations requiring outstanding achievements
Published material about you in major media or professional journals
Participation as a judge of others in your field
Original contributions of major significance
Authorship of scholarly articles
Display of your work in exhibitions or showcases
Leading or critical role in prestigious organizations
High remuneration compared to others in your field
Commercial success in the performing arts
In 2024, USCIS updated its guidance to include team awards and former memberships as acceptable evidence.
Can I Apply Without a Job Offer?
Yes. Unlike EB-1B or EB-1C, the EB-1A visa does not require a job offer, labor certification (PERM), or employer sponsorship. This makes it ideal for entrepreneurs, consultants, researchers, and independent professionals from Bangladesh who want more control over their U.S. immigration path.
EB-1A Filing Costs for 2025
Form
Fee (USD)
Required For
Form I-140
$715
Immigrant Petition
Form I-485 (if inside the U.S.)
$1,440
Adjustment of Status
Biometrics Fee (if required)
$85
USCIS processing
DS-260 (if applying abroad)
$345
Consular processing
Form I-864 (if needed)
$120
Affidavit of Support
Medical exams and translations are additional and vary by location.
EB-1A Processing Times
Step
Timeline (Average)
Form I-140 (USCIS)
7.6 months
Premium Processing Option
15 calendar days
Adjustment of Status (I-485)
6.9 months
Consular Processing
4 to 6 months
Step-by-Step Application Process
File Form I-140: Submit your immigrant petition with supporting documentation
Receive USCIS Notice: USCIS will confirm acceptance and later issue a decision
Adjustment or Consular Processing:
If in the U.S., file Form I-485 to adjust status
If abroad, file Form DS-260 through the U.S. consulate
Biometrics & Medicals: Attend fingerprinting and undergo a USCIS-approved medical exam
Interview: Attend a consular interview or USCIS interview (if required)
Receive Visa/Green Card: Once approved, you are a U.S. permanent resident
Types of Supporting Documents for EB-1A Applicants from Bangladesh
To build a strong case, submit high-quality documentation showing consistent recognition and impact. Examples include:
National awards from Bangladeshi or international organizations (e.g., BASIS awards, National ICT Awards)
Feature articles in leading news media (e.g., The Daily Star, Prothom Alo, Dhaka Tribune)
Proof of speaking engagements at global conferences
Letters of support from credible experts outside your employer
Copies of books, academic publications, citations (Google Scholar index)
Salaries that exceed the industry norm in Bangladesh
TRW Law Firm will help curate, structure, and legally contextualize your documentation to USCIS standards.
What Happens After Approval?
You will become a U.S. green card holder
You can live, work, and travel freely in the United States
After five years, you may become eligible for U.S. citizenship
Your spouse and children under 21 may also apply for green cards as dependents
Frequently Asked Questions (FAQs)
Q: Can I apply for EB-1A from Bangladesh? Yes. Bangladeshi citizens can self-petition and apply through the U.S. Embassy in Dhaka.
Q: Can I include my family in my application? Yes. Your spouse and unmarried children under 21 can be included as derivative beneficiaries.
Q: Can I change employers after receiving my EB-1A green card? Yes. Since EB-1A is not tied to a job offer, you’re free to change employers after permanent residency is granted.
Q: Can I work while my application is pending? If you filed Form I-485, you can file for a work authorization (EAD) and Advance Parole to travel.
Q: Can I apply for EB-1A while on a student visa or B1/B2? Yes, but you must ensure dual intent is not violated, particularly if adjusting from a non-immigrant visa.
Common Mistakes to Avoid
Submitting insufficient documentation for each claimed criterion
Using letters of support that lack specificity or credibility
Failing to demonstrate sustained acclaim rather than isolated achievement
Not presenting the information in a legal framework USCIS adjudicators expect
Why Choose TRW Law Firm for Your EB-1A Petition?
Navigating the EB-1A visa requires strategic planning, precise documentation, and legal finesse. At TRW Law Firm, our immigration specialists:
Assess your eligibility thoroughly
Develop a tailored EB-1A strategy aligned with your profile
Draft persuasive support letters and organize evidence to USCIS expectations
Offer transparent, fixed-fee services
Assist with post-approval green card filings for your family
Whether you’re a Bangladeshi innovator, professor, founder, or researcher—we guide you to U.S. permanent residency with clarity and confidence.
Contact TRW Law Firm
TRW Law Firm — U.S. Immigration Experts in Bangladesh
Dhaka Office: House 410, Road 29, Mohakhali DOHS Dubai Office: Rolex Building, L-12, Sheikh Zayed Road London Office: 330 High Holborn, City of London
EB-2 NIW Visa in Bangladesh: A Comprehensive 2025 Guide by TRW Law Firm
Understanding the EB-2 National Interest Waiver (NIW) Visa
The EB-2 NIW visa is a unique opportunity within the U.S. employment-based immigration system. It is designed for individuals who hold either an advanced academic degree or demonstrate exceptional ability in their field, and whose work benefits the national interest of the United States. Unlike traditional employment-based green card categories, the NIW waives the requirement for a job offer or labor certification, allowing applicants to self-petition.
This guide, provided by TRW Law Firm, walks you through every critical aspect of the EB-2 NIW—from eligibility and documentation to costs and processing timelines—based on the most current 2025 requirements.
What Is the EB-2 NIW Visa?
The EB-2 NIW (National Interest Waiver) is part of the second preference (EB-2) employment-based visa category. It allows eligible individuals to apply for permanent residency without needing employer sponsorship or a Department of Labor PERM certification. The waiver is granted when the applicant can demonstrate that their work has substantial merit, national importance, and that bypassing the usual requirements benefits the United States.
To begin the process, applicants must file Form I-140, the Immigrant Petition for Alien Worker. Under the NIW provision, this form may be self-filed.
Cost of Filing an EB-2 NIW Petition
Current estimated costs for 2025 are as follows:
Form I-140 Filing Fee: $715
Adjustment of Status (I-485): $1,440 (for applicants inside the U.S.)
Medical Examination Fee: Ranges from $200–$400
Consular Processing Fee (if abroad): $345
Additional costs may arise depending on translations, credential evaluations, or legal assistance. TRW Law Firm provides transparent fee structures to help you plan accordingly.
Timeline to Obtain an EB-2 NIW Green Card
The total timeline depends on multiple variables including USCIS workload, applicant’s location, and visa availability.
Form I-140 Processing: 10.5 to 26.5 months
Adjustment of Status (if in the U.S.): Up to 24 months
Consular Processing (if abroad): 4 to 6 months
Concurrent filing of Form I-140 and Form I-485 may be possible when visa numbers are available, potentially reducing overall processing time.
Eligibility Requirements for EB-2 NIW
To qualify for the EB-2 NIW, applicants must:
1. Hold an advanced degree (or equivalent) or demonstrate exceptional ability
Advanced Degree: Minimum of a master’s degree or a bachelor’s degree with five years of progressive experience
Exceptional Ability: A level of expertise significantly above that typically encountered in the sciences, arts, or business
2. Meet the Three NIW Criteria:
Substantial Merit and National Importance: The proposed work must positively impact areas such as technology, healthcare, education, or the economy
Well-Positioned to Succeed: The applicant must demonstrate the qualifications, experience, and plan to carry out the endeavor successfully
Waiver Benefits the U.S.: It must be more beneficial to waive the job offer and labor certification requirements than to enforce them
What Qualifies as “Substantial Merit and National Importance”?
The endeavor should:
Contribute to U.S. national priorities (e.g., STEM research, clean energy, public health)
Impact local, regional, or national areas
Support underserved populations or economically distressed regions
Importantly, the applicant doesn’t have to prove guaranteed success—only that the proposed work is credible and impactful.
Proving Eligibility: Documentation and Evidence
Applicants should submit a well-organized portfolio to support their petition.
For National Interest Waiver:
A detailed business or research plan
Media coverage, publications, or awards
Letters of recommendation from field experts
Evidence of impactful work or research
Proof of stakeholder interest (e.g., customer base, investments, partnerships)
For Advanced Degree:
Diplomas and transcripts
If holding a bachelor’s degree, letters from employers verifying five years of progressive post-baccalaureate work experience
Credential evaluations to confirm U.S. equivalence
For Exceptional Ability (At least 3 of the following):
Academic records (degree or certificate)
Professional licenses or certifications
Letters documenting 10+ years of experience
Salary or remuneration indicative of high-level expertise
Membership in professional organizations
Recognition from peers or government bodies
Note: Stronger cases may include more than three pieces of evidence. TRW Law Firm provides comprehensive evaluations to help you build a persuasive petition.
Building a Compelling NIW Narrative
TRW Law Firm recommends structuring your petition around the three core NIW requirements:
Highlighting the national importance of your work
Demonstrating your qualifications and record of success
Justifying the waiver of the labor certification process
Example Strategies:
A public health professional proving their work reduces disease in underserved areas
An environmental engineer contributing to climate-resilient infrastructure
A startup founder developing technology with nationwide adoption potential
Additional Documents for Entrepreneurs
Entrepreneurs or startup founders may include:
Proof of startup funding
Letters of interest or signed contracts
Investor support
Business licenses and registrations
Market studies or sales figures
Legal Evolution: From NYSDOT to Dhanasar
USCIS uses the Matter of Dhanasar (2016) precedent to evaluate NIW petitions. This decision replaced the outdated and often criticized NYSDOT framework from 1998. Dhanasar’s criteria emphasize flexibility, innovation, and practical application over rigid, geographically limited interpretations of national interest.
EB-2 NIW vs. Other Visa Options
Visa Type
Requires Job Offer
Requires PERM Certification
Self-Petition Allowed
Priority Timeline
EB-2 (Standard)
Yes
Yes
No
Medium
EB-2 NIW
No
No
Yes
Medium
EB-1A (Extraordinary Ability)
No
No
Yes
Faster
EB-5 (Investor)
No
No
Yes (with investment)
Medium
Frequently Asked Questions (FAQs)
Q1: How long does it take to prepare an NIW petition? A: Typically, 4–12 weeks depending on whether the applicant qualifies under advanced degree or exceptional ability. Exceptional ability cases take longer due to documentation complexity.
Q2: Do I need to meet both the advanced degree and exceptional ability requirements? A: No. You need to meet either one of these requirements in addition to the three NIW criteria.
Q3: What is PERM, and why is it waived? A: PERM is a labor market test ensuring no qualified U.S. workers are displaced. NIW allows bypassing this requirement for individuals whose work benefits the U.S.
Q4: Can I travel while my EB-2 NIW is pending? A: Travel outside the U.S. may risk abandonment of your application unless proper travel authorization (Advance Parole) is obtained.
Q5: Can I reuse recommendation letters from other visa categories? A: Not recommended. USCIS favors field-specific expert letters tailored to the NIW petition.
Why Choose TRW Law Firm for Your EB-2 NIW Application?
TRW Law Firm provides end-to-end support for individuals pursuing permanent residency through the EB-2 NIW pathway. Our legal services include:
In-depth eligibility assessment
Customized strategy for advanced degree or exceptional ability
Drafting and compiling of persuasive support letters and documentation
Filing Form I-140 with USCIS
Guidance through I-485 adjustment or consular processing
Response to RFEs (Requests for Evidence)
With TRW’s expert immigration team, your green card application is in safe hands.
Contact TRW Law Firm Today
TRW Law Firm — Global Leaders in Employment-Based Immigration
Dhaka: House 410, Road 29, Mohakhali DOHS Dubai: Rolex Building, L-12, Sheikh Zayed Road London: 330 High Holborn, City of London
Form I-485 Process by TRW law firm, Explained: A Complete 2025 Guide to the Timeline, Cost, Eligibility, and New Requirements
Presented by TRW Law Firm
What is Form I-485?
Form I-485, officially titled the “Application to Register Permanent Residence or Adjust Status,” is the U.S. Citizenship and Immigration Services (USCIS) form used by individuals already in the United States to apply for a green card (lawful permanent residence). In a marriage-based green card scenario, the foreign national spouse is the “applicant.” This form is often filed after Form I-130 (Petition for Alien Relative) but can also be filed concurrently if the foreign spouse is already in the U.S.
🔹 Key USCIS Update (March 2025)
USCIS has removed the option for non-binary gender identity in the latest version of Form I-485 (as of March 4, 2025). Applicants may now select only “male” or “female.”
⏳ Processing Time for Form I-485
Average time: 9.5 months (for family-based cases)
Varies by type of green card (family-based vs employment-based) and USCIS service center
Employment-based applicants must have approved Form I-140 before I-485 is processed
📆 Timeline from I-485 Filing to Green Card
The journey to a green card via I-485 can take months to years, depending on:
Waivers may be available for some inadmissibility grounds.
📄 Supporting Documents for Form I-485
Marriage-based applicants must include:
Proof of legal entry into the U.S. (visa, I-94)
Birth certificate and passport
Marriage certificate
Affidavit of Support (Form I-864 + sponsor’s tax returns & pay stubs)
Medical Examination Report (Form I-693)
Criminal record documents (if applicable)
What if you don’t have a birth certificate?
Provide:
Letter from government stating it’s unavailable
Alternative records: baptism, school, census
Affidavits from at least two people with personal knowledge
🚫 Common Mistakes to Avoid
Leaving fields blank or inaccurate details
Not signing the form
Using outdated forms
Incorrect fee payment
Missing the required medical exam
Failing to maintain legal status during processing
Not updating address with USCIS within 10 days of moving
📝 FAQs About Form I-485
Where do I file Form I-485?
Filing address depends on your category and location
What is the difference between I-130 and I-485?
I-130 = proves the family relationship
I-485 = requests the green card
Can I file I-485 online?
No. Must be mailed to a USCIS service center
Can I file I-485 from outside the U.S.?
No. Use consular processing instead
Can I travel while I-485 is pending?
Only if you file Form I-131 (Advance Parole)
Or apply for a combo card (EAD + AP)
Can I check the status online?
Yes, using your 13-digit receipt number at USCIS.gov
What if my I-485 is denied?
You may appeal, reapply, or seek legal advice
Will I-485 allow me to work?
Only if you file Form I-765 (EAD) concurrently or later
Can spouses or fiancé(e)s file I-485?
Yes, if lawfully entered the U.S. and married to the U.S. citizen petitioner
👥 Job Change While I-485 is Pending: Form I-485J
If applying via employment-based green card, and you change jobs:
File Form I-485 Supplement J
New role must be similar to original offer
🌐 I-485 vs. Consular Processing
Factor
I-485 (Adjustment of Status)
Consular Processing
Applicant’s location
Inside U.S.
Outside U.S.
Form used
I-485
DS-260
Interview location
USCIS office in U.S.
U.S. embassy or consulate abroad
Work/travel options
EAD + Advance Parole available
Must wait until green card issued
🏛 TRW Law Firm Can Help You With Your I-485
TRW Law Firm offers top-tier legal support for family-based and employment-based adjustment of status. With offices in Dhaka, Dubai, and London, and an expert U.S. immigration team, we provide:
Attorney-reviewed I-485 preparation
Concurrent filing support for I-130, I-485, I-765, and I-131
Assistance with inadmissibility waivers
Representation for RFEs and denials
Job portability and Form I-485J assistance
💼 Contact TRW Law Firm
TRW Law Firm – Global Immigration Leaders
Dhaka Headquarters: House 410, Road 29, Mohakhali DOHS, Dhaka Dubai Office: Rolex Building, L-12, Sheikh Zayed Road London Office: 330 High Holborn, City of London
H-4 Employment Authorization Document (EAD): A Comprehensive 2025 Guide
Presented by TRW Law Firm
Spouses of H-1B visa holders in the United States often face a frustrating paradox: while their partners are permitted to work in high-skilled jobs, they themselves are legally barred from pursuing employment. The H-4 Employment Authorization Document (EAD) was introduced to break this barrier, offering a lifeline of opportunity, independence, and dignity for thousands of qualified individuals.
This detailed guide by TRW Law Firm, a trusted name in global immigration services, offers a step-by-step roadmap for navigating the H-4 EAD process in 2025.
🔍 Understanding the H-4 EAD
The H-4 EAD is a work permit granted to spouses of certain H-1B visa holders. It enables eligible H-4 dependents to legally work in the United States across industries and roles of their choice.
Key Benefits:
Freedom to work for any employer, including self-employment or freelancing
Financial empowerment for families
Pathway to professional fulfillment
📅 Who Is Eligible for H-4 EAD?
To qualify for the H-4 EAD, you must:
Be the spouse of an H-1B visa holder
Your H-1B spouse must either:
Have an approved Form I-140, or
Be eligible for H-1B extensions beyond six years under AC21 sections 106(a) and 106(b)
You must be in valid H-4 nonimmigrant status
You must be physically present in the United States
✍️ H-4 EAD Application Process
Step 1: Gather Required Documents
Required Documentation:
Completed Form I-765
Proof of your H-4 status (I-94, approval notice)
Proof of your spouse’s H-1B status (I-797, I-94, passport)
Approved Form I-140 (if applicable)
Evidence of AC21 eligibility (if no I-140)
Valid marriage certificate
Two passport-style photos
Government-issued ID (passport)
Prior EAD card (if renewing)
Proof of name change (if applicable)
Step 2: Complete Form I-765
Use black ink or complete the form online
Eligibility category: (c)(26) for H-4 EAD applicants
Ensure consistency with supporting documents
Sign and date the form properly
Step 3: Pay the Filing Fee
Filing fee: $470 (subject to change)
Payable by check or money order to U.S. Department of Homeland Security
Include name and A-Number on the check
Separate checks if filing other forms (e.g., I-539)
Step 4: Submit Your Application
Mail to the correct USCIS lockbox based on your residence and any concurrent forms
Trackable mail (FedEx, USPS Priority, UPS) is recommended
Organize documents professionally
Keep a full copy of your package
Step 5: Attend Biometrics (If Required)
USCIS may send a biometrics appointment notice (Form I-797C)
Bring your appointment letter and a valid photo ID
Step 6: USCIS Review and Decision
Check status using your receipt number at USCIS.gov
Respond promptly to any Request for Evidence (RFE)
Step 7: Receive Your EAD
Upon approval, you’ll receive a physical EAD card
Card includes your photo and authorized work period
🚀 Benefits of Having an H-4 EAD
Work in any field: unrestricted to employer or location
No sponsorship required: unlike the H-1B
Start your own business
Gain professional experience
Build credit and independence
⚠️ Potential Challenges
Processing delays can exceed 6 months
Dependency on H-1B spouse’s status
Travel restrictions while application is pending
Renewal complexities (must maintain H-4 and H-1B validity)
✉️ Renewing Your H-4 EAD
When to Renew:
Start 120-180 days before expiration
Required:
New Form I-765
Updated proof of H-4 and H-1B status
Copy of current EAD
Updated photographs
📝 Frequently Asked Questions (FAQs)
1. What is an H-4 EAD? A work authorization for spouses of H-1B holders on the Green Card path.
2. Can I apply for a Green Card while on H-4 EAD? Yes, provided you meet the eligibility for adjustment of status.
3. What happens if my spouse loses their H-1B job? Your H-4 EAD may become invalid. Consult an immigration attorney for options.
4. Can I travel while my H-4 EAD is pending? Travel may delay or disrupt the application. Avoid travel unless absolutely necessary.
5. How long does it take to process? Typically 4-7 months. Check the USCIS processing times online.
6. Can I freelance or start a business on H-4 EAD? Yes. The EAD allows full work flexibility, including entrepreneurship.
7. What if USCIS denies my application? You may reapply or appeal depending on the reason for denial.
🏛️ Legal Support for H-4 EAD at TRW Law Firm
The U.S. immigration process is notoriously intricate. At TRW Law Firm, we provide:
Eligibility analysis based on latest H-4 EAD rules
Form I-765 preparation and filing support
Strategic guidance on H-1B dependency and visa renewal
Responsive support for RFEs or delays
Post-approval planning for Green Card transition
Whether you’re preparing your first H-4 EAD application or renewing your authorization, we help you take charge of your American dream with confidence.
💼 Contact TRW Law Firm
TRW Law Firm – Global Immigration & Corporate Law Experts
Dhaka Headquarters: House 410, Road 29, Mohakhali DOHS, Dhaka Dubai Office: Rolex Building, L-12, Sheikh Zayed Road London Office: 330 High Holborn, City of London
Form I-140 Process by TRW Law Firm Explained: A Comprehensive 2025 Guide for Employers and International Workers
Form I-140, officially titled the “Immigrant Petition for Alien Worker,” is one of the most pivotal elements of the U.S. employment-based immigration process. It serves as the foundation for securing permanent residency (commonly referred to as a green card) for foreign nationals through U.S.-based employment. TRW Law Firm, a leading immigration and corporate law practice with offices in Bangladesh, Dubai, and London, offers this comprehensive 2025 guide to help both employers and international professionals navigate the Form I-140 process with clarity, efficiency, and legal precision.
✉️ What is Form I-140?
Form I-140 is a petition submitted to the U.S. Citizenship and Immigration Services (USCIS) by a U.S. employer (or in limited cases, the foreign national themselves) requesting immigrant status for a foreign worker under employment-based visa categories: EB-1, EB-2, and EB-3.
Who Can File:
U.S. Employers for most employment-based categories
Foreign Nationals (Self-Petitioners) for select EB-1 and EB-2 categories
Why It Matters:
It triggers the permanent residency application
Confirms USCIS recognition of the individual’s qualification
Sets the priority date, which determines when a visa number becomes available
Enables next steps like Form I-485 (adjustment of status) or consular processing
📅 I-140 Filing Fees for 2025
In 2025, USCIS requires:
Base Filing Fee: $715 (standard for all petitioners)
Asylum Program Fee:
$600 for standard employers
$300 for small businesses (25 or fewer full-time employees)
$0 for nonprofits
Petitioner Type
Asylum Program Fee
Total Fee
Non-profit
$0
$715
Small Business
$300
$1,015
Standard Employer
$600
$1,315
Fee Payment Tips:
Submit separate checks for the base and asylum program fees
Payable to: U.S. Department of Homeland Security
Credit card payments accepted using Form G-1450
⏳ Processing Times and Premium Processing (2025 Estimates)
Standard I-140 Processing:
Visa Category
Nebraska (months)
Texas (months)
Average
EB-1A Extraordinary
12.5
14
13
EB-1B Professors/Researchers
11.5
10
11
EB-1C Multinational Exec
11.5
9.5
11
EB-2 NIW
11
9.5
10
EB-3 Skilled Workers
8
8
8
Premium Processing Option:
Fee: $2,805
Timeframe: 15-45 calendar days
Available for EB-1A, EB-1B, EB-1C, EB-2 NIW, and EB-3
✍️ Eligibility Categories: Who Qualifies?
EB-1: Priority Workers
Individuals of extraordinary ability
Outstanding professors/researchers
Multinational managers/executives
EB-2: Advanced Degree or Exceptional Ability
Advanced degree holders
Professionals with exceptional ability
EB-3: Skilled, Professional, and Other Workers
Professionals with bachelor’s degrees
Skilled workers with at least 2 years of experience
Other workers (unskilled labor)
EB-4 and EB-5 Categories: Though technically supported by I-140, these are specialized routes for religious workers and investors.
📄 Required Documents for I-140 Filing
For Employers:
Job offer letter
PERM Labor Certification (ETA Form 9089)
Financial documents (tax returns, balance sheets)
FLAG-generated Final Determination
For Employees:
CV/resume
Academic degrees and transcripts
Letters of recommendation
Proof of experience
Passport, I-94, visa, and current work authorization
Note on FLAG: FLAG (Foreign Labor Application Gateway) is the DOL system used to obtain and validate labor certifications electronically.
🔧 Filing Tips to Avoid Rejections
Double-check Part 1, Questions 5 & 6
Ensure fee accuracy based on employer type
Keep I-485 documents separate if filing concurrently
Sign all relevant sections
Retain copies of everything submitted
📆 What Happens After Filing?
1. Receipt Notice: Form I-797C sent by USCIS
2. RFE (Request for Evidence): May be issued if documentation is insufficient
3. Approval or Denial: Decision notice issued
🚀 What Does I-140 Approval Mean?
You are now eligible to apply for a green card (adjustment of status or consular processing)
You have an official priority date
Enables EAD (work permit) and Advance Parole applications
Approval may still be revoked due to fraud, withdrawal, or eligibility issues
🤔 Special Situations and Exceptions
1. Job Portability (INA 204(j))
Change jobs if:
I-140 is approved or pending
I-485 has been pending 180+ days
New job is similar to the original
File Supplement J to inform USCIS
2. Withdrawal of I-140
Must be in writing
Approval still valid for portability if 180+ days have passed
Priority date remains intact
3. Successor-in-Interest Employers
In mergers/acquisitions, new employer can assume the petition
Must prove:
Same job offer
Ability to pay
Proper legal succession
🧢 FAQs on Form I-140
Can I track my I-140 status online? Yes. Use your USCIS receipt number at the “Check Case Status” page on the USCIS website.
When can I file Form I-485? Once your priority date is current according to the monthly Visa Bulletin published by the U.S. Department of State.
What if I lose my job after I-140 is approved? If 180+ days have passed and your I-485 is pending, you may port to a similar job with a new employer without losing your priority date.
Can I file multiple I-140s? Yes, under different EB categories. Each petition is evaluated separately.
Does I-140 expire? No. While the petition remains valid, labor certifications may expire, and fraud or withdrawal can lead to revocation.
Is I-140 the same as H-1B? No. H-1B is a temporary work visa. I-140 is a step toward a permanent green card.
📅 Related Concepts and Resources
PERM Labor Certification Overview
Adjustment of Status (Form I-485)
Visa Bulletin Tracking
Transitioning from H-1B to Green Card
Employment Authorization (EAD) Rights
🌟 Why Choose TRW Law Firm for Your I-140 Petition?
TRW Law Firm has a proven track record in handling complex employment-based immigration cases for multinational corporations, start-ups, and professionals seeking U.S. permanent residency. Our services include:
Full-service legal support from I-140 to green card issuance
Compliance with USCIS, DOL, and Department of State standards
Strategic planning for concurrent filings, premium processing, and portability
Document preparation and attorney review
Personalized guidance for employers and self-petitioners
💼 Contact TRW Law Firm
TRW Law Firm – Global Immigration Experts
Bangladesh Headquarters: House 410, Road 29, Mohakhali DOHS, Dhaka Dubai Office: Rolex Building, L-12, Sheikh Zayed Road London Office: 330 High Holborn, City of London
Form I-140 is more than just a petition—it is a gateway to a new life in the United States. With evolving laws, strict documentation requirements, and strategic considerations like premium processing or job portability, it’s essential to be guided by experienced immigration attorneys. At TRW Law Firm, we help you avoid pitfalls and build strong, successful immigration journeys for you or your workforce.
Secure your U.S. immigration success—partner with TRW Law Firm today.
For decades, the National Board of Revenue (NBR) has been the primary institution tasked with crafting and enforcing tax policy in Bangladesh. It has operated under the Ministry of Finance as a central organ of the country’s revenue machinery. However, in a bold reform move, the interim government has recently announced the dissolution of the NBR and the creation of two distinct divisions: the Revenue Policy Division and the Revenue Management Division.
This unprecedented structural change marks a fundamental rethinking of how Bangladesh governs its fiscal system. At TRW Law Firm, we recognize this development as a potentially transformative milestone—one that, if executed with integrity and foresight, could lay the foundation for a more transparent, accountable, and investor-friendly tax system.
I. The Status Quo: Why Reform Was Necessary
Historical Context
The National Board of Revenue, established over half a century ago, has long borne the dual responsibilities of tax policy formulation and tax administration. On paper, this may seem efficient. In reality, however, it has entrenched systemic flaws. Bangladesh’s tax-to-GDP ratio—currently at 7.4%—is among the lowest in Asia. The global average stands at 16.6%, with countries like Malaysia at 11.6% and India at 10.8%.
These numbers matter. Bangladesh cannot sustainably fund its development goals—ranging from infrastructure expansion and healthcare to climate resilience—without a healthier tax system.
Core Issues with the NBR Structure
1. Conflict of Interest
Perhaps the most glaring problem is the conflict of interest inherent in combining tax policy-making and enforcement within the same entity. The same officials setting tax rules are also in charge of collection and enforcement. This arrangement has often led to compromises in tax policies—driven more by the imperatives of short-term collection than by principles of fairness, long-term planning, or economic growth.
There have also been widespread reports of collusion between collectors and defaulters, enabling tax evasion. When enforcers become gatekeepers without oversight, systemic abuse follows.
2. Lack of Accountability in Tax Collection
NBR officials have operated under a vague and often unquantified performance framework. There is no systematic process in place to assess:
Collection efficiency
Integrity in enforcement
Service delivery to taxpayers
Moreover, promotions and career advancements have not been linked with measurable, merit-based performance indicators. This has fostered a culture of bureaucratic inertia and rent-seeking.
3. Inefficiency in Revenue Mobilization
Despite the introduction of digitized tax filing systems, tax net expansion remains minimal. Direct taxation continues to stagnate, with indirect taxes (such as VAT and customs duties) disproportionately burdening consumers and low-income citizens. The corporate tax base remains alarmingly narrow, and informal sector contributions are virtually non-existent.
4. Bureaucratic Overlap and Governance Failures
Currently, the head of the Internal Resources Division (IRD) simultaneously serves as the Chairman of the NBR. This bureaucratic overlap creates confusion and dilutes accountability. Policy design gets entangled with administrative hurdles, slowing the implementation of tax reforms.
5. Weak Investment Facilitation
The NBR has not sufficiently engaged with the private sector. Many of its policies have been drafted in isolation, lacking consultation or impact analysis. This has led to unpredictability in tax rules, discouraging long-term investment. Bangladesh’s global rankings in ease of doing business and tax compliance have suffered accordingly.
6. Morale Crisis Within the Bureaucracy
Uncertainty around the reform process has understandably created anxiety among long-serving tax and customs officers. The fear of losing relevance or being marginalized in the new structure has caused friction within the ranks, potentially threatening the success of the transition.
II. The Proposed Restructuring: What Will Change?
The government’s decision to split the NBR is based on global best practices, observed in tax administrations in countries like the United Kingdom, Australia, Canada, and South Korea, where policy formulation and tax administration are separated.
This realignment aims to establish a clearer line of accountability. Those who draft policies will no longer be incentivized to distort them for enforcement targets. Those who collect taxes will be held to performance standards based on data and audit transparency.
III. Legal Implications and Frameworks
At TRW Law Firm, we expect the restructuring process to necessitate several legal reforms and institutional amendments, particularly to the following:
1. National Board of Revenue Act
This foundational law must be repealed or extensively revised. Provisions creating the NBR and defining its dual mandate must be replaced with two standalone legal frameworks for the new divisions.
2. Income Tax Ordinance, 1984
Significant amendments will be required to align enforcement functions with the Revenue Management Division, while the responsibility of framing tax exemptions, incentives, and structural rates will shift to the Policy Division.
3. Value Added Tax and Supplementary Duty Act, 2012
The interpretation, exemption, and administration of VAT will now involve both divisions. Legal clarity is needed to demarcate authority and avoid overlap.
4. The Rules of Business of the Government of Bangladesh
These rules will have to be amended to reflect the administrative chain of command in the Ministry of Finance vis-à-vis the two new divisions.
5. Institutional MoUs and Inter-Agency Protocols
Clear Memoranda of Understanding (MoUs) must be crafted between the Policy and Management divisions, delineating:
Data sharing
Consultations on enforcement impacts
Fiscal projections and planning
IV. How the New Structure Will Improve Bangladesh’s Tax System
1. Better Policy-Making Based on Data
A dedicated Policy Division will have the capacity to invest in tax analytics, economic modeling, and international benchmarking. This data-driven approach will result in evidence-based tax laws instead of reactive or anecdotal policymaking.
2. Separation Reduces Corruption and Collusion
When tax collectors do not draft the rules, the scope for manipulating them in collusion with defaulters diminishes. Oversight becomes easier. Policy outcomes can be audited independently of enforcement performance.
3. Broader Tax Base
With clearer enforcement priorities, the Management Division can focus on:
Widening the tax net
Leveraging technology to detect non-filers
Integrating informal businesses
Auditing high-income earners with better targeting
This will reduce over-reliance on regressive indirect taxes and shift toward equitable direct taxation.
4. Greater Confidence Among Investors
Predictable tax regimes improve the investment climate. Businesses can plan better, model profitability accurately, and reduce litigation. Investor complaints about “arbitrary assessments” or “unclear exemption criteria” may decline.
5. Cultural Shift Within Bureaucracy
New Key Performance Indicators (KPIs), tied to collection efficiency, taxpayer service satisfaction, and integrity scores, can revolutionize bureaucratic behavior. Officers can be rewarded or reassigned based on objective metrics—not patronage or tenure.
V. Potential Risks and How They Should Be Managed
While the reform is well-conceived, implementation remains the key. At TRW Law Firm, we identify several potential pitfalls and recommend legal safeguards to prevent them:
Risk
Suggested Safeguard
Turf wars between the two divisions
Legally mandated coordination committees with defined dispute resolution protocols
Comprehensive redrafting of relevant Acts, with stakeholder consultation and public review
Confusion among taxpayers
Nationwide taxpayer education campaign on new responsibilities and contacts for each division
Revenue shortfall during transition
Phased implementation, with parallel structures running for 6-12 months under a transitional committee
VI. Recommendations from TRW Law Firm
As one of the leading legal and tax advisory firms in Bangladesh, TRW Law Firm recommends the following to ensure success of this reform:
Create a Tax Policy Advisory Council with representation from the private sector, academia, legal community, and international organizations.
Ensure transparency in recruitment of leadership for both divisions, with merit-based and integrity-driven selections.
Develop an Integrated Taxpayer Portal that combines information from both divisions, ensuring that the taxpayer experience remains seamless.
Legal codification of performance metrics for enforcement officers, with annual public reporting.
Mandatory annual audits of both divisions by the Comptroller and Auditor General (CAG), with findings published online.
VII. Conclusion: A New Dawn for Fiscal Governance in Bangladesh
The dissolution of the NBR is not merely a bureaucratic shuffle—it is a long-overdue structural correction. By splitting tax policy-making from enforcement, Bangladesh can finally move toward a modern, transparent, and growth-orientedrevenue framework.
At TRW Law Firm, we believe this reform, if executed with care and integrity, will empower Bangladesh to build a fairer tax regime, attract greater investment, and provide better public services. The path to increasing the tax-to-GDP ratio begins not with aggressive enforcement, but with smart policy, clean governance, and institutional accountability.
We remain committed to supporting clients—whether domestic enterprises, MNCs, or development partners—navigate the implications of this reform. As always, our legal team is ready to advise on compliance, tax planning, and strategic engagements with the new tax authorities.
For advisory support, tax dispute resolution, and institutional engagement with the new Revenue Policy or Management Divisions, reach out to our expert counsel.
Reforming the Path to Listing: Rethinking State-Owned Enterprises in Bangladesh
By Barrister Tahmidur Rahman
In the intricate web of Bangladesh’s capital market, the conversation around State-Owned Enterprises (SOEs) and their potential listing on the stock exchange reemerges from time to time—often driven more by expediency than deep institutional reform. The Dhaka Stock Exchange (DSE) already lists several prominent SOEs such as Power Grid Company of Bangladesh, Titas Gas Transmission & Distribution Company, Jamuna Oil Company, Padma Oil Company, Meghna Petroleum, and the Bangladesh Submarine Cable Company Limited. These entities—despite their critical roles in the country’s economic machinery—do not inspire much enthusiasm among rational investors. Why?
Because in their current form, SOEs remain fundamentally un-investable. And the reasons, though numerous, are all tied to one common thread: a systemic failure to align with market norms, governance practices, and shareholder protections.
The Original Intent: Transparency and Governance
The initial rationale for listing SOEs was noble and sound—improving governance through increased transparency. The logic was that capital market participation, reporting obligations, and exposure to public scrutiny would push state-run companies toward efficiency, accountability, and performance. Shareholders, including the government, would benefit from optimized capital allocation and public confidence.
But what has unfolded is a shallow implementation of this vision. No comparative evaluation was ever conducted to measure whether listed SOEs perform better in governance, efficiency, or returns than their unlisted counterparts. Neither the Ministry of Finance nor the Bangladesh Securities and Exchange Commission (BSEC) initiated any long-term study or metrics-based performance audit post-listing.
So, the fundamental question remains unanswered: Has listing truly improved SOE governance?
The Shift in Justification: Market Depth
More recently, policymakers have changed the narrative. Instead of transparency, the listing of SOEs is now promoted as a method to “increase the supply of quality companies” in the capital market. This is an attempt to address the market’s shallowness—low turnover, limited scrip diversity, and thin institutional participation.
While increasing the volume of fundamentally sound companies is indeed a valid market-deepening strategy, it cannot and should not be done at the cost of investor confidence. Without addressing the structural problems plaguing these enterprises, mere listing serves no purpose but to widen the gulf between paper governance and market reality.
Why SOEs are Currently Un-Investable: A Breakdown
1. Poor Capital Allocation and Cash Mismanagement
A recurring problem among SOEs is their notorious inefficiency in capital allocation. Several state-owned companies sit on piles of idle cash, often not reinvested in core operations nor distributed as dividends. Instead, large cash reserves are parked with weak or questionable financial institutions—likely selected not based on prudence but on internal patronage and kickback potential.
Take the example of a listed petroleum company that reports robust annual profits but declares dismal dividends year after year. The retained earnings are neither reinvested to modernize infrastructure nor distributed to shareholders. Instead, they remain on balance sheets, often earning low returns from dubious fixed deposits.
This is not just poor financial strategy—it’s active value destruction.
2. Complete Neglect of Minority Shareholder Rights
One of the starkest manifestations of institutional ignorance was witnessed in a public hearing by the Bangladesh Energy Regulatory Commission (BERC). Despite dealing with a publicly listed utility company, the entire pricing debate revolved around cost coverage and subsidy levels, with no acknowledgement of minority shareholders.
Regulators and government officials made passionate arguments for keeping margins low, even if it meant the listed entity operated at a loss—because “it is a public service.” While this might hold true for a 100% government-owned entity, a listed company by definition has private shareholders who are entitled to fair return.
The very purpose of listing is defeated if stakeholders are blind to the fundamental rights of minority investors. No developed market treats shareholder equity as optional.
3. Flagrant Abuse in Share Issuance to Government
In one of the most astonishing examples of governance malpractice, Bangladesh Submarine Cable Company raised capital from the government without fixing a price at the time of subscription. The price was determined afterward—at a steep discount to market price.
This is not only a mockery of the capital raising process but a violation of fundamental listing principles. The government, being the controlling shareholder, essentially diluted minority interest at an arbitrary price point.
There were multiple alternative routes—a rights offer, which would have allowed all shareholders to participate proportionately; or corporate bonds, which would have maintained equity integrity.
The fact that none of these were even considered demonstrates a worrying ignorance (or disregard) of market norms.
4. Attempting to Extract Surplus Cash Outside the Dividend Mechanism
In a proposal that thankfully never materialized, there was a suggestion by the previous government to withdraw surplus cash directly from SOEs to shore up the state treasury—without declaring dividends. This, once again, reflects the deep misunderstanding of what listing entails.
If the government wishes to extract value, it must do so through dividends—just like any other shareholder. Any direct cash withdrawal bypassing dividend declarations is tantamount to expropriation of minority shareholder rights.
Such moves create a climate of uncertainty and discourage both domestic and foreign institutional investors from participating in listed state enterprises.
The Way Forward: Prerequisites for SOE Listings
Before floating more SOEs on the DSE, a structural overhaul is essential. Here are some core reforms that must precede any new listing.
1. Performance Improvement Plans (PIPs)
Each SOE must undergo a rigorous performance improvement plan before entering the market. This includes:
Operational audits
Strategic capital investment frameworks
Reduction of excess headcount
Digitalization of operations
Introduction of Key Performance Indicators (KPIs) linked to both management and board performance
Without performance reform, listing merely becomes a cosmetic exercise.
2. Training Stakeholders on Market Dynamics and Governance
Regulators, bureaucrats, and SOE board members must undergo structured training on:
Corporate governance
Fiduciary duties under the Companies Act
Capital markets dynamics
Minority shareholder protection
Unless decision-makers understand the implications of listing, the entire governance framework collapses under its own contradictions.
3. Mandatory Dividend Policies
Dividend policies must be formalized and disclosed prior to listing. The policy should clearly outline payout thresholds, cash reserve justifications, and reinvestment plans. Any deviation must be justified to shareholders through a published rationale.
This not only increases trust but also ensures responsible capital management.
4. Clear Valuation and Capital Raising Frameworks
If future capital needs are expected, the company must commit to raising capital through transparent methods:
Rights issues
Qualified Institutional Placements (QIPs)
Debt instruments like corporate bonds
Private placements to the government without market price discovery must be strictly prohibited.
5. Independent Boards and Audit Committees
The board of a listed SOE must include independent directors with no government affiliation. The audit committee must be truly independent and capable of flagging financial irregularities. Without board independence, minority shareholder interests will continue to be trampled.
6. Transparent Use of Reserves
Idle cash must be monitored, with mandatory disclosures regarding:
Where it is parked
What returns it is generating
Whether it is intended for CAPEX, dividend distribution, or working capital
Auditors must scrutinize these disclosures and flag cash mismanagement in audit reports.
Conclusion: Listing Is Not the Goal—Governance Is
The capital market can be a transformative tool. It can discipline inefficient SOEs, increase public scrutiny, and channel national savings toward productive enterprises. But this only happens when the tool is used wisely.
In their current state, most SOEs in Bangladesh remain unfit for listing. The motivations—whether to deepen the market or to monetize state assets—are understandable but insufficient. Reform must come first.
Governments must recognize that listing is not a quick-fix for fiscal gaps or a band-aid for shallow capital markets. It is a covenant—a promise of accountability, efficiency, and fairness to all shareholders. Unless that promise is fulfilled, the listing of SOEs will continue to be a missed opportunity.
Summary Table: Structural Issues and Required Reforms in SOE Listings
Problem
Description
Required Reform
Capital misallocation
Idle cash hoarded and parked in weak banks
Enforce dividend policies; mandate reinvestment or capital return
Ignorance of minority rights
Pricing, policy, and decisions exclude minority shareholders
Training on fiduciary duties; stricter BSEC oversight
Unfair share issuance
Shares issued to government at below-market prices
Mandatory rights issues or bond issuance instead
Cash extraction outside dividends
Government attempts to take surplus cash without dividends
Legally require dividends as the only channel for fund repatriation
No pre-listing performance improvements
Poor operational efficiency and accountability
Implement PIPs before listing any SOE
Lack of board independence
Government dominates board without independent voices
Mandate independent directors and audit committees
No valuation discipline
Arbitrary pricing of capital raising exercises
Pre-commit to transparent capital raising frameworks
Final Thought
Listing of SOEs in Bangladesh can unlock tremendous value—both for the government and for the capital market. But only if done right. With governance, transparency, and accountability at the forefront, SOEs can go from being un-investable to being national champions. Without these reforms, however, listing more SOEs will do little more than inflate indices on paper—while eroding real trust in the market.
বাংলাদেশে ট্রেডমার্ক রেজিস্ট্রেশন করার জন্য বাংলাদেশ পেটেন্ট, ডিজাইন ও ট্রেডমার্ক অধিদপ্তর (DPDT) কর্তৃক নির্ধারিত প্রক্রিয়া অনুসরণ করতে হয়। এটি অনলাইনে করা যায় এবং সাধারণত ৪টি ধাপে শেষ হয়, যেখানে প্রায় ১.৫ থেকে ৩ বছর সময় লাগতে পারে। TRW Law Firm আপনাকে পুরো প্রক্রিয়াটি বুঝতে, পরিচালনা করতে এবং আইনি সহায়তা দিতে প্রস্তুত।
ধাপ ০১: ট্রেডমার্ক সার্চ ও আবেদন
করণীয়:
ট্রেডমার্ক সার্চ করুন: আপনার কাঙ্ক্ষিত নাম বা লোগো আগেই কেউ ব্যবহার করছে কিনা যাচাই করুন।
আবেদন প্রস্তুত করুন: নাম ও লোগো ঠিক করে, পণ্য/সেবার ক্যাটাগরি বেছে নিয়ে অনলাইনে আবেদন করুন।
পেটেন্ট, ডিজাইন ও ট্রেডমার্ক অধিদপ্তরের কর্মকর্তারা আপনার আবেদনটি যাচাই করবেন। যদি সাদৃশ্যপূর্ণ ট্রেডমার্ক বা আইনগত বাধা না থাকে, তাহলে পরবর্তী ধাপে যাওয়া যাবে।
যদি কোনো আপত্তি থাকে, তবে নোটিশ পাঠানো হবে এবং উত্তর দেওয়ার সুযোগ থাকবে।
খরচ:
উত্তর প্রস্তুত ও জমা: ৪০০০ টাকা + ভ্যাট
সময়:
সাধারণত ৬–১৮ মাসের মধ্যে এই ধাপ শুরু হয়
ধাপ ০৩: গেজেট বা জার্নালে প্রকাশ
পরীক্ষা পাশ করার পর আপনার ট্রেডমার্কটি সরকারিভাবে গেজেটে প্রকাশ করা হবে। এর উদ্দেশ্য হচ্ছে অন্য কেউ যদি এই ট্রেডমার্ক নিয়ে আপত্তি জানাতে চায়, সে যেন তা করতে পারে।
আপত্তির সুযোগ:
গেজেট প্রকাশের ২ মাসের মধ্যে অন্য কোনো ব্যক্তি আপত্তি জানাতে পারে
খরচ:
গেজেট ফি: ৩০০০ টাকা + ভ্যাট
সময়:
৬–৯ মাসের মধ্যে সম্পন্ন হয়
ধাপ ০৪: ট্রেডমার্ক রেজিস্ট্রেশন
গেজেটে কোনো আপত্তি না আসলে বা আপত্তি খারিজ হলে, আপনি রেজিস্ট্রেশনের জন্য ফি প্রদান করে সনদ পেয়ে যাবেন। সনদ পাওয়ার পর আপনি ® চিহ্ন ব্যবহার করতে পারবেন।
খরচ:
নিবন্ধন ফি: ২০০০০ টাকা + ভ্যাট
সময়:
প্রায় ১ মাস
মোট খরচ ও কাগজপত্র
খরচ:
ধাপ
খরচ
নাম সার্চ
২০০০ টাকা
আবেদন
৫০০০ টাকা
আইনজীবী নিযোগ
১০০০ টাকা
পরীক্ষা
৪০০০ টাকা
গেজেট প্রকাশ
৩০০০ টাকা
নিবন্ধন ফি
২০০০০ টাকা
মোট
৩৫০০০ টাকা + ভ্যাট (৫২৫০ টাকা)
প্রয়োজনীয় কাগজপত্র:
ট্রেডমার্ক লোগোর কপি ও বিবরণ
আবেদনকারীর নাম, ঠিকানা, জাতীয়তা (বা কোম্পানির তথ্য)
পণ্য/সেবার বিবরণ ও ক্যাটাগরি
মার্ক ব্যবহারের তারিখ
পাওয়ার অব অ্যাটর্নি (প্রয়োজনে)
ট্রেডমার্ক নবায়ন
একবার নিবন্ধন করার পর, ৭ বছর পরপর নবায়ন করতে হয়। এরপর প্রতি ১০ বছর অন্তর নবায়ন করতে হয়।
TRW Law Firm-এর পরামর্শ
ট্রেডমার্ক একটি গুরুত্বপূর্ণ ব্যবসায়িক সম্পদ। তাই সার্চ, আবেদন, প্রতিক্রিয়া এবং নবায়নের প্রতিটি ধাপে একজন অভিজ্ঞ আইনজীবীর সহায়তা নেওয়া শ্রেয়। TRW Law Firm এই কাজগুলোতে ক্লায়েন্টদের প্রতিনিধিত্ব করে আসছে সফলভাবে।
আমরা:
ট্রেডমার্ক সার্চ ও আবেদন করি
অফিসিয়াল নোটিশের জবাব দেই
আপত্তির শুনানিতে প্রতিনিধিত্ব করি
নিবন্ধন শেষ না হওয়া পর্যন্ত সমর্থন দেই
যোগাযোগ করুন:
TRW Law Firm ফোন নম্বর: +8801708000660 +8801847220062 +8801708080817
