Marc Taylor

USCIS has started the data entry process for H-1B petitions selected in the lottery.

Marc Taylor

Hopefully the regular (non-premium processing) I-797 receipts will come soon.

Marc Taylor

On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit.

For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first.

All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice.

To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.

Marc Taylor

First Paragraph – the WOW factor.

• The USCIS Officer is likely not an expert in your specific field, so you want to avoid overly technical language that he/she may not understand,

• It is important to state your case in laymen terms as early in the letter as possible. You want to quantify the problem and then provide your specific contribution as a solution to the problem.

Second Paragraph

Explain how the field is of substantial intrinsic merit. This usually means involving one of the following:

• The U.S. economy.

• Wages and working conditions of U.S. Workers.

• Health of US residents

• Educational and training programs for U.S. children and underqualified workers.

• Affordable housing for young, aged, or poor U.S. residents.

• Improve the U.S. environment and lead to more productive use of the national resources.

Third Paragraph

Explain how the field is national in scope. This means providing evidence that both the problem and your contribution will not only be local or regional, but national.

Fourth Paragraph

Explain how your contribution exceeds that of your peers.

It is not enough to prove that you are involved in work that is in the national interest.

You have to prove and document that your contributions are unique or are critical, essential, not easily replaceable, and are the product of advanced levels of study or experience and highly valued.

You would include descriptions of the following accomplishments:

Evidence of a one-time achievement (i.e., a major, internationally-recognized award)

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor,

Membership in associations in the field which require outstanding achievements as judged by recognized national or international experts,

Published material in professional or major trade publications or other major media,

Participation on a panel or individually as a judge of the work of others in the field or an allied field,

Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field,

Authorship of scholarly articles in the field, in professional or major trade, and citations,

Publications or other major media, display of the alien’s work at artistic exhibitions or showcase,

Evidence of performing in a leading or critical role for organizations or establishments that have a distinguished reputation,

Evidence of a high salary or other high remuneration for services

Fifth Paragraph

Conclusion. This is a summary paragraphs 1 through 4.

You want to draft a powerful summary in laymen’s terms.

The idea is to make sure that the officer understands the severity of the problem, your unique contribution, how it will benefit Americans, and how few if any others are able to make this important contribution.

Marc Taylor

The CFR is arranged by subject title and generally parallels the structure of the United States Code.

Thus, Title 8 of the CFR deals with “Aliens and Nationality”, as does Title 8 of the U.S. Code.

Marc Taylor

Evidence you may submit to establish that sufficient physical premises to house the new office have been secured includes, but is not limited to, the following or similar types of evidence:

Lease Agreement:

Submit a complete copy of the U.S. company’s lease that indicates the total square footage of the premises, including all office, production, manufacturing, and/or warehouse spaces. Be sure that the lease is signed and dated by both the lessor and the lessee.

Sub-Leased Premises:

If the U.S. company’s premises are sub-leased, provide a letter from the owner or property management company which confirms that the property owner has granted permission to the lessee to sublease to the U.S. company and that the U.S. company is actually occupying and maintaining the sub-lease agreement.

The letter should include the name, address, and phone number of the owner or property management company should any further verification be required.

Owned Premises:

If the Us, company’s premises are owned or are being purchased by the U.S. company, provide a letter from that indicates the date of purchase, sale price, total square footage of the premises, including all office, production, manufacturing, and/or warehouse.

Location:

Define the worksite in the U.S., such as a sales office, representative agency, distributorship, etc.

Explain why the location for the business in the U.S. was chosen, and how the location specifically benefits the type of business being conducted.

Explain what type of building the U.S. entity is occupying, such as office suite, factory, warehouse, apartment house, etc.

Indicate the U.S. business’s office hours.

Floor Plan:

Include a copy of the U.S. company’s floor plan(s) for all spaces including office, warehouse, and production spaces.

Marc Taylor

Business Filings International, Inc.
Website: http://www.bizfilings.com/

When establishing a new U.S. Subsidiary or Affiliate company for an L-1 Visa, you will want to keep the following in mind:

The foreign firm and the US firm must have a “qualifying relationship.”

The US and the foreign firm must have common majority ownership, or, where there is less than majority ownership, common control by the same person or entity.

Ownership by a common group of owners where no owner has control or a majority interest can cause a problem if each individual owner does not own approximately the same amount of both the US and the foreign company.

This problem can sometimes be worked around if the owners have set up a voting agreement to ensure that there are not different groups controlling the foreign firm and the US firm.

As a general rule, the Owner of the Foreign Company should own at least 50% of the U.S. Company.

Proof of Ownership and Control of the US Entity:

When relevant you will want to submit copies of the share certificates issued and list the # of shares of stock issued for the US Entity.

Once the US Entity is formed, you will want to set up a US Checking Account and rent office space.

Marc Taylor

Marc Taylor

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Marc Taylor