ABOUT US

Jun Wang & Associates, P.C. is a New York based law firm delivering a full range of legal services. We strive to learn our clients’ businesses – to see the horizons through their eyes. Since the firm’s inception, Jun Wang & Associates has distinguished itself by creating a practice focused on complex, sophisticated transactional work. Our firm provides practical legal solutions for our clients, whether it be an acquisition of property, formation of business, the purchase or sale of a business, or other associated legal needs such as business immigration. Our clients include prominent national and multinational corporations, charitable organizations, industry executives, as well as high-net-worth individuals.

In addition to our sophisticated clientele, we have also established close relationship with a broad base of business partners, such as major commercial bankers, institutional lenders for FDI, NGOs, educational and financial advisers, wealth management consultants to better serve our clients’ need. We look forward to the opportunity to share our professional network and expertise and create a mutually beneficial and long-standing relationship with you.

OUR MISSION

We don’t just understand the law; we strive to provide value-added services to our clients by offering strategic, creative and innovative ideas and legal solutions.

We insist on integrity. We embrace diversity. Our attorneys are licensed in multiple jurisdiction as well as overseas, thus the breadth of knowledge and experience positions us well to handle complicated and sophisticated business or legal matters.

We encourage you to get to know us better and see first-hand how we can put our skills and experience to work for you.

PRACTICE AREAS

BUSINESS & CORP. LAW

Jun Wang & Associates is dedicated to serving the full range of clients’ business and commercial needs. Our team has extensive experience and knowledge representing clients in both domestic and cross-border transactions, and is organized to meet their needs in the most efficient manner possible. To that end, Jun Wang & Associates attorneys practice in a number of core specialties, including: commercial contracts; corporate governance and compliance; corporate reorganization and restructure; formation of business entities; franchising; as well as sales & acquisitions of Businesses.

Additionally, we are also able to provide coordinated legal counsel and services pertaining to virtually any matters that may affect, or result from, a business need or initiative. Close, inter-departmental relationship between corporate team and other specialties at the firm help clients avoid redundancies, inefficiencies and conflicts among specialist.

CHINA PRACTICE

As of today, Jun Wang & Associates has entered exclusive cross-boarder cooperation agreements with several premier law firms in Mainland China.

For additional information, please contact Ms. Jun Wang at jwang@junwanglaw.com.

ESTATE PLANNING

Creating an estate plan is a very important decision. It is a serious matter with numerous, complex factors to be considered, everything from owning a business, avoiding probate court, planning for a special needs child and anticipating potential conflicts among heirs. Please kindly inquire further as our firm also provide certain estate planning services that are ancillary to our existing clients’ need.

GENERAL CONSULTING SERVICES

External “in-House” and General Consulting Services
Jun Wang & Associates provides External General Legal Counsel Services for small to medium sized business that are cost-conscious and efficiency driven. Our external general counsel service is designed for entities that require ongoing legal services, even when those needs are not readily apparent. Our individualized representation often includes contract reviews/negotiations, license agreements, entity formation, business filings and governance, board and shareholder meetings, regulatory monitoring, document drafting, risk management planning, employment and human resources matters, non-disclosure, confidentiality and non-compete agreements, merger and acquisitions, independent contractor agreements, real estate issues, including purchase and sale or leasing.

External general counsel representations are billed on a fixed monthly fee basis. The fee is mutually agreed to after a thorough discussion with the prospective client of the its needs, and is reviewed periodically to ensure the arrangement is mutually satisfactory.

IMMIGRATION

Jun Wang & Associates counsels international companies with regard to all aspects of business-related immigration laws. Our clients include Fortune 500 companies, major financial institutions, multinational corporations, cross-border cultural exchange institutions, as well as not-for-profit institutions.

Our firm assists corporate clients in obtaining temporary and permanent immigration status for their executive, managerial and professional employees. We provide guidance on complex immigration issues resulting from mergers, acquisitions and other corporate changes. We also represent high net-worth individuals, who, because of their extraordinary ability in their fields or because of their substantial investments in the United States, do not require corporate sponsorship to immigrate.

We advise our clients about the best temporary or permanent visa strategies for their specific needs, including:

Employment-based Immigration Categories

Non-Immigrant Benefits Categories

We also represent clients on ancillary family-based immigration petitions, B1/B2 business/visitor visa, H-4/F-2/L-2 spouse/children or other dependent visa, and F-1 student visa upon request.

INTELLECTUAL PROPERTY

Our intellectual property clients come in all sizes—from the largest global companies to individual entrepreneurs. What they have in common are big ideas.

Our attorneys are credited with having played a significant role in the creation and protection of many landmark portfolios in the information technology and life sciences industries. And that’s why clients make us their first call when they require a range of services that include counseling, prosecution, litigation, dispute resolution, and licensing in patent, trademark, and copyright matters. And their first call for assistance with outsourcing, and with mergers, acquisitions, and joint ventures involving technology-based companies. You might say we have been at one with our inner geek for two generations.

NEW YORK
Application Fee Schedule
Client Intake Sheet
USPTO – Class List
USPTO – Application Status Check

CHINA
知識產權業務 & 商標申請簡介(中文)

知識產權業務(英文 )- IP Service Introduction

中國商標局- 類別及服務列表

中國商標局 - 公告

REAL ESTATE

The real estate practice at Jun Wang & Associates, P.C. is known for exceptional quality and service that crosses the entire gamut of the real estate legal field. We have paralegals and closers working exclusively on real estate transactions within the state of New York. The majority of our working team are well-trained, hands-on practitioners. Considering the specific needs of individual real estate clients, Jun Wang & Associates has put the Firm in a position where we can render our top-quality legal services at a fee dramatically less than the rates charged by major New York firms.

EB-1A

This category is employment-based first preference immigration. To qualify for this category, the individual alien should have extraordinary ability in the sciences, arts, education, business, or athletics, and his/her achievements must have been publicly recognized and resulted in a period of sustained national or international acclaim.

Requirements for EB-1A

The general requirement is that the alien should have risen to the “top of his/her field of endeavor” (1) as demonstrated by national or international acclaim (2) which should be recognized through extensive documentation, and (3) the alien should continue the work in the same field and (4) would substantially benefit the U.S. prospectively.

According to related regulations, a one-time major achievement, such as a Nobel Prize, might satisfy this requirement, provided it is probative of the fact that the alien has reached the summit of his/her occupation. In the absence of such a major, international recognized award, however, the petitioner may not rely solely on the alien beneficiary’s past achievements to establish the alien’s eligibility for this classification. Additionally, the regulations also allow the petitioner to provide evidence that the alien beneficiary has the requisite sustained acclaim and recognition by submitting evidence of at least three of the following ten criteria:

  1. Alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
  2. Alien’s membership in associations that require outstanding achievements of their members.
  3. Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought.
  4. Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
  5. Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
  6. Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media.
  7. Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases.
  8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
  9. Evidence that the alien has commanded a significantly high salary or other significantly high remuneration for services, in relation to others in the field.
  10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

EB-1B

This category is employment-based first preference immigration. This category applies to aliens who are internationally recognized for being outstanding in a particular academic field.

Requirements for EB-1B

These professors and researchers should have (1) at least three years of relevant research or teaching experience, (2) a job offer for a permanent research position or a tenured or tenure-track teaching position, and (3) intend to teach or carry out research in the particular field in the U.S.

In order to qualify for this category, the petitioner should submit evidence establishing that the professor or researcher is recognized as outstanding in the academic field.  Such evidence should include documentation of at least two of the followings:

  1. Documentation of the alien’s receipt of major prizes or awards for outstanding achievement in the academic field;
  2. Documentation of the alien’s membership in associations that require their members to demonstrate outstanding achievements;
  3. Published material in professional publications written by others about the alien’s work in the academic field;
  4. Evidence of the alien’s participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field;
  5. Evidence of the alien’s original scientific or scholarly research contributions in the academic field;
  6. Evidence of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

As one of the basic requirements, the alien must receive a permanent job offer from the sponsored employer. According to current regulations, “permanent” is defined as “either tenured, tenure-track, or for an indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination.” For individuals who are holding research positions that are based on grant money received yearly, USCIS has ruled that if the employer petitioning for the alien shows the intention to continue to get funding and gives a reasonable expectation that funding will continue, then the employment may be considered “permanent”.

Generally, the job offer is given by a university or other similar academic or scientific institution, but it can also be offered by a private employer. If the offer is from a private company, the employer must have at least three full-time researchers along with accompanying documentation supporting their accomplishments within the field.

Research or teaching experience obtained while in pursuit of an advanced degree, such as a Ph.D., may be counted toward the three year requirement, but only if the alien has acquired the degree, and if the teaching duties were such that he/she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. The alien must document his/her work history with letters from current and/or former employers describing work duties and years of employment.

EB-1C

This category is employment-based first preference immigration that that will permit a foreign worker to live and work in the United States on a permanent basis. This category applies to aliens who are multinational manager or executive.

Requirements for EB-1C

Aliens must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

The petitioning employer must be a U.S. employer. The employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer which demonstrates that:

  1. There must be a U.S. company or organization (U.S. employer) AND a company or organization (foreign employer) located outside of the U.S. These two companies must be active and conduct regular and systematic operations.
  2. The prospective employer has been doing business for at least one year.
  3. The prospective employer and the foreign employer must be related entities.
  4. In the three years immediately preceding the filing of the petition the foreign beneficiary has been employed outside the United States in the foreign company for at least one year in a managerial or executive capacity;
  5. The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the foreign beneficiary was employed overseas; and
  6. The foreign beneficiary must work for the U.S. employer as an executive or manager now or after the green card is approved.

National Interest Waiver

The National Interest Waiver (NIW) is for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals (M.A., M.S., M.E., M.D. or Ph.D.). Ph.D. students also qualify. An alien may apply for permanent residence status (Green Card) and seek a waiver of the offer of employment by establishing that his or her admission to permanent residence would be in the national interest.

The national interest waiver is a good option for those who do not wish to wait several years for labor certification or those who do not wish to be tied to a specific employer during labor certification. The national interest waiver applicant sponsors him or herself and is not required to have a job. NIW applicants may make additional green card applications while their NIW petition is pending. Furthermore, if the NIW applicant is employed, the employer will not have knowledge of a pending NIW application.

The National Interest Waiver also applies to physicians. Physicians who agree to work full time in a designated health professional shortage area or in VA hospital and where a federal agency or State department of public health has determined that the physicians work is in the public interest for an aggregate of five years (not including time in J1 visa status) can obtain an NIW green card.

Criteria to qualify

The National Interest Waiver or NIW is part of the second employment-based category (EB-2) for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals. In order to be considered an alien of exceptional ability, the USCIS regulations require that at least three of the following types of evidence be established:

  1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  2. Evidence in the form of letters from current or former employers showing that the alien has at least ten years of full-time experience in the occupation for which he or she is sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  5. Evidence of membership in professional associations;
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business associations.

Someone who meets three of these requirements or has an advanced degree and has a job offer from a U.S. employer can process a labor certification under the EB-2 category. However, someone who qualifies for the National Interest Waiver is deemed to be of such value to the United States that he/she is neither required to process a labor certification nor have a job offer.

PERM Labor Certification

PERM stands for “Program Electronic Review Management”.  It is the system used for obtaining labor certification.  A PERM Labor Certification is an approval from the DOL for the U.S. employers to apply for green card for their prospective foreign employees based a position offered to the employees.  An approved PERM Labor Certification (PERM LC, or LC) issued by DOL allows an employer to hire a foreign worker to work permanently in the United States.  Obtaining the LC is the prerequisite for starting the immigration process with USCIS for EB-2 and EB-3 visa applicants.

The PERM LC aims at protecting the American labor market, and the U.S. labors including U.S. citizens and LPRs.  A PERM LC also confirms that there are “insufficient available, qualified, and willing U.S. workers to fill the position being offered at a prevailing wage.  In addition, a PERM LC also means that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.  Thus, to obtain the PERM LC, employers are required to go through a period of recruitment procedure to demonstrate the shortage of U.S. workers before filing an immigration petition for their foreign employees.  On average, it takes around four to six months to obtain the LC.

In the PERM LC process, the U.S. employer is the applicant and the prospective employee is the beneficiary.  Once the PERM application was approved, the US employer may move to the second step and file an immigrant petition (Form I-140).  It should be noted that the approved PERM LC and/or the immigrant petition does not grant a prospective alien employee authorization to work in the United States.  As a result, the alien is not required to work for the applying employer while the PERM application is pending or after it is approved.  For the same reason, the employer who applied for LC can terminate their foreign worker’s both current and future employment at any time.  However, while applying for the LC the employer must prove that they had the intent to hire the beneficiary for the duration of the entire immigration process.  For the same reason, the employee has to work for the employer for a certain period of time after they were granted the immigration benefits.  A new law allows the employee to change employers after working 180 days from the date of filing the Adjustment of Status petition (Form I-485).

Generally EB-2 and EB-3 petitions all require filing and obtaining a PERM LC before employers can file the immigration petition with USCIS for their alien employees, except when the EB-2 petitioner obtained a National Interest Waiver.  There are alternative immigration options where a PERM LC is not required:

  1. All family-based immigrant petitions;
  2. Employment-based first preference (EB-1) petitions for aliens of extraordinary ability, outstanding researchers and professors, and intra-company transferees for multinational executives;
  3. Employment-based fourth preference petition reserved for special immigrants (EB-4);
  4. Employment-based fifth preference petitions for investors (EB-5).

EB-2

EB-2 is an employment-based, second preference visa. You may be eligible if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. Below are the occupational categories and requirements:

There are three types of EB-2 Visas.

EB-2A: Members of the professions holding advanced degrees or their equivalent

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

EB-2B: Exceptional ability in the sciences, arts or business

This classification applies to those “who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.” In order to receive this classification, the individual must provide documentation of three of the following:

•   An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

•   Letters documenting at least ten years of full-time experience in the occupation being sought;

•   A license to practice the profession or certification for a particular profession or occupation;

•   Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

•   Membership in professional associations;

•   Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner’s occupation, other comparable evidence of eligibility is also acceptable.

EB-2C: National Interest Waiver

The National Interest Waiver (NIW) is for aliens of exceptional ability in sciences, arts or business and advanced degreed professionals (M.A., M.S., M.E., M.D. or Ph.D.). Ph.D. students also qualify.

EB-3

EB-3 is an employment-based, second preference visa. You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

There are three types of EB-3 Visas.

EB-3A: Skilled Workers

“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.

•   You must be able to demonstrate at least 2 years of job experience or training.

•   You must be performing work for which qualified workers are not available in the United States.

Labor certification and a permanent, full-time job offer required.

EB-3B: Professionals

“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

•   You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation.

•   You must be performing work for which qualified workers are not available in the United States.

Education and experience may not be substituted for a baccalaureate degree. Labor certification and a permanent, full-time job offer required.

EB-3C: Unskilled Workers (Other Workers)

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

•   You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Labor certification and a permanent, full-time job offer required.

EB-5

The Immigration Act of 1990 created the Immigration Investor Program (or EB-5) as the fifth preference category for employment-based immigration applications. This was the first time a category specifically facilitated the admission of investors as lawful permanent residents and currently remains the only such category to do so. EB-5 is available to those individuals who have invested, or are in the process of investing at least $1 million in a commercial enterprise employing at least 10 full-time U.S. workers. Individuals who invest in a targeted employment area only need to invest a minimum of $500,000.

 

“New commercial enterprise” Requirement

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise (sole proprietorship, partnership, holding company, joint venture, corporation, business trust or other entity, which may be publicly or privately owned):

•   Established after Nov. 29, 1990, or

•   Established on or before Nov. 29, 1990, that is:

•   Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

•   Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

This definition does not include noncommercial activity such as owning and operating a personal residence.

 

Job Creation Requirements

•   Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

•   Create or preserve either direct or indirect jobs:

•   Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

•   Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Investors may only be credited with preserving jobs in a troubled business.

 

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.

Required minimum investments are:

•   General. The minimum qualifying investment in the United States is $1 million.

•   Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

Investment capital cannot be borrowed.

H-1B

U.S. businesses use the H-1B non-immigrant visa program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine.

Types of H-1B visas

The H-1B1 visa is specifically for citizens of Chile and Singapore with a job offer in a specialty occupation in the US. The Chile and Singapore Free Trade Agreements require the USCIS to exempt 6,800 H-1B visas from the H-1B visa cap to be reserved for eligible citizens of Chile and Singapore.

The H-1B2 visa is designated for aliens who wish to come to the U.S. temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the United States’ Department of Defense.

The H-1B3 visa is issued to aliens who come temporarily to the U.S. to work as fashion models. Evidence presented in an H-1B3 fashion model petition must establish that the model is of national or international acclaim.

Valid Period

The beneficiary may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply. An H-1B visa may be applied for any duration up to three years.

Criteria to qualify as a Specialty Occupation

The job must meet one of the following criteria to qualify as a specialty occupation:

•   Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position

•   The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree

•   The employer normally requires a degree or its equivalent for the position

•   The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.

Qualification for Employee

The employee must meet one of the following criteria:

•   Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university;

•   Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation;

•   Hold an unrestricted State license, registration, or certification which authorizes him/her to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment;

•   Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

H-3

H-3 nonimmigrant visa category allows foreign nationals coming temporarily to the United States as either a:

• Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country.

• Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.

Regulations specifically prohibit the training program from being “designed primarily to provide productive employment.” However, some employment will be permitted if it is incidental and necessary to the training.

An H-3 Trainee may be approved by the CIS to stay in the U.S for a period of up to two (2) years.

The H-3 trainee CANNOT engage in productive employment unless such employment is incidental and necessary to the training. “Productive employment” has been found to occur in cases where (a) a substantial salary has been offered to the trainee, AND (b) a training program is long and repetitious which consists primarily of on-the-job-training.

Special Considerations of the H-3 Visa

The company proposing the training is required to demonstrate that:

The proposed training is unavailable in the alien’s own country;

The trainee will not be placed in a position in the normal operation of the business in which US citizens and permanent resident workers are regularly employed;

The trainee will not engage in productive employment unless such employment is incidental and necessary to the training; AND

The training will benefit the trainee in pursuing a career outside the United States.

A training program CANNOT be approved if the program:

deals in generalities with no fixed schedule, objectives, or means of evaluation;

is incompatible with the nature of the company’s business or enterprise;

is on behalf of a trainee who already possesses substantial training and expertise in the proposed field of training;

is in a field in which it is unlikely that the knowledge or skill will be used outside the United States;

will result in productive employment beyond that which is incidental and necessary to the training- “productive employment” has been found to occur in cases where (a) a substantial salary has been offered to the trainee, AND (b) a training program is long and repetitious consisting primarily of on-the-job-training;

is designed to recruit and train aliens for the ultimate staffing of domestic operations in the U.S.;

does not establish that the petitioner has a physical plant and sufficiently trained personnel to provide the specified training; OR

is designed to extend the total allowable period of practical training previously authorized for a nonimmigrant student.

The “Six-Month Residence Outside the U.S” Rule

If an H-3 Trainee has spent two years in the United States as an H (including H-1B) or L nonimmigrant, he or she may NOT seek an extension, change status, or be readmitted to the U.S in an H or L status unless he or she has resided and been physically present outside the U.S. for the immediately prior six months.

L-1A

L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years.

Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.

L-1A: Intracompany Transferee Executive or Manager

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.  The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.

The following information describes some of the features and requirements of the L-1 nonimmigrant visa program.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

•   Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

•   Currently be, or will be, doing businessas an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

       Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

•   Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

•   Be seeking to enter the United States to provide service in an executive or managerial capacityfor a branch of the same employer or one of its qualifying organizations.

       Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

       Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

New Offices

For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:

•   The employer has secured sufficient physical premises to house the new office;

•   The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and

•   The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

See 8 CFR 214.2(l)(3)(v) for details.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

L-1B

L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years.

Companies operating in the US can apply to the relevant USCIS service center for an L-1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L-1 visa for up to three years.

L-1B: Intracompany Transferee Specialized Knowledge

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.  The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.

General Qualifications of the Employer and Employee

To qualify for L-1 classification in this category, the employer must:

•   Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and

•   Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.  While the business must be viable, there is no requirement that it be engaged in international trade.

   Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

To qualify, the named employee must also:

•   Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

•   Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.

   Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).

L-1 Visa Reform Act of 2004

The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.  In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:

•   The employee will not be principally controlled or supervised by such an unaffiliated employer; and

•   The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.

See INA 214(c)(2)(F) and Chapter 32.3(c) of the USCIS Adjudicator’s Field Manual, available in the “Laws” section of the website.

New Offices

For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:

•   The employer has secured sufficient physical premises to house the new office ; and

•   The employer has the financial ability to compensate the employee and begin doing business in the United States.

See 8 CFR 214.2(l)(3)(vi) for details.

Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year.  All other qualified employees will be allowed a maximum initial stay of three years.  For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.

Blanket L Certification

Blanket L Certification

L-1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the USA operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US Company outside of the US for at least one year out of the last three years.

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.  Eligibility for blanket L certification may be established if:

• The petitioner and each of the qualifying organizations are engaged in commercial trade or services;

• The petitioner has an office in the United States which has been doing business for one year or more;

• The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and

• The petitioner along with the other qualifying organizations, collectively, meet one of the following criteria:

• Have obtained at least 10 L-1 approvals during the previous 12-month period;

• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

• Have a U.S. work force of at least 1,000 employees.

In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional.  See 8 CFR 214.2(l)(1)(ii)(E).

In most cases, once the blanket petition has been approved, the employer need only complete a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.

O-1

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The O nonimmigrant classification is commonly referred to as:

O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry)

O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

O-2: individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.  For an O-1A, the O-2’s assistance must be an “integral part” of the O-1A’s activity. For an O-1B, the O-2’s assistance must be “essential” to the completion of the O-1B’s production. The O-2 worker has critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1

O-3: individuals who are the spouse or children of O-1’s and O-2’s

General Eligibility Criteria

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

   •   O-1A: extraordinary ability in the sciences, education, business, or athletics

Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

   •   O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry

Extraordinary ability in the field of arts means distinction.  Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

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

TN

The visa category “Professionals Under the North American Free Trade Agreement” (also known as a TN Visa) is available only to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA).

Qualifications for a “TN” visa

Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible for TN nonimmigrant status, if:

•   You are a citizen of Canada or Mexico;

•   Your profession qualifies under the regulations;

•   The position in the United States requires a NAFTA professional;

•   You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment – see documentation required below); and

•   You have the qualifications to practice in the profession in question.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer:

•   Proof of Canadian citizenship;

•   Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and

•   Credentials evaluation (if applicable), together with any applicable fees.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN nonimmigrant. You should apply for a TN visa directly at a U.S. embassy or consulate in Mexico.  See the U.S. Department of State webpage, “Mexican and Canadian NAFTA Professional Worker.”

Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.  Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.  If a CBP officer finds you eligible for admission, then you will be admitted as a TN nonimmigrant.

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