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About Principal Attorney Samuil Buschkin Samuil Buschkin is a graduate of Syracuse University College of Law, where he earned his Juris Doctor in 2005. He was born in Latvia when it was still the Soviet Republic and immigrated to Germany as a child. In his adopted hometown of Berlin, Germany, he grew up with people from various ethnic and national backgrounds. Later on Samuil studied in Montreux, Switzerland where again he was fortunate to work and study with people from all over the world. Samuil's mindset is truly international. At adult age, Samuil found himself first as a student in college and then as a cultural exchange program participant and later on as an immigrant in the NYC area. While he has still strong connections to his home in Berlin, Germany, he has since adopted New Jersey as his new home. He especially embraces the multitude of cultures and the variety of people in the NYC area and its many immigrant ethnic communities. ​ Samuil earned a degree in hospitality management from Hotel Institute Montreux and New Hampshire College and has experience operating retail businesses, car rentals, hospitality establishments and understands contractual problems, vendor relations, employment relations, franchising, real estate acquisitions and commercial leasing from both a business and legal perspective. ​ Samuil is licensed in NY and NJ and is currently a member of the New York State Bar Association, the American Immigration Lawyers' Association and the New Jersey State Bar association. ​ He believes in the following maxim: Value is measured in results. Back Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back DISPUTE RESOLUTION (LITIGATION, ARBITRATION AND MEDIATION) We are committed to working with you, even when negotiations between franchisers and franchisees break down. We believe in mediation, if the parties agree that this is an option for them, then we will do our best at getting their dispute resolved through peaceful means of discussion without any fighting or angering one another along way. When disputes are not resolved, we will arbitrate or litigate on your behalf. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back PROTECTED MARKETING AREAS One of the key business issues in any franchise arrangement is how much protection should be given to a particular market. It needs to balance protecting reasonable marketing areas for locals with giving enough room so that franchisers can maximize their penetration, over time. What happens to the Protected Marketing Area upon renewal should be addressed. When discussing the differences between a “territory” and market, it is important for franchisees to be aware that they may get trapped by their unfamiliarity with business terminology. We will help you analyze the important aspects of your franchise agreement and see that it is fair, protective for both franchiser as well as franchisees. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back E2 - Treaty Investors There are many ways to live and work in the U.S. However, the E-2 represents one of the few ways to build your own business as a foreign entrepreneur. The process of obtaining this visa is relatively uncomplicated compared to popular visas like the H-1B, but qualifying is a different story. Find out what you need to be eligible for the E-2 treaty investor visa. E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Essentially what this visa does is enable the foreign investor to develop or carry out the investment/ trade activities of the business. Processing times and Period of Stay/Extension of Stay An E-2 visa is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. Once the documentation is prepared, the processing time depends on the processing time at the consulate that is located in the applicant’s country. This could range from 3 weeks to 3 months (or longer). Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 non-immigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States. Requirements & Eligibility YOU MUST BE A NATIONAL OF A TREATY COUNTRY ​ Only available to people from the countries that the U.S. has a Treaty with. Many Western countries are on the list but there are also countries from Africa, Asia, and the Middle East on the list . ​ YOU MUST HAVE INVESTED OR BE ACTIVELY IN THE PROCESS OF INVESTING IN THE ENTERPRISE ​ In order to satisfy this part of the test, you must fulfil three requirements. ​ Show Legitimate Possession and Control of the Funds ​ Must invest funds that you have obtained by lawful means Must prove to the government that you either saved the money, were given the money as a gift, or legitimately earned the money To prove this you need tax returns, bank statements, investment accounts, and more ​ All Funds Invested Must Be “At Risk” and Irrevocably Committed ​ All of the assets invested must be personal assets subject to risk of loss Loans are fine but you must be on the hook if there is a loss and this requirement forces you to sign contracts and/or spend money prior to the approval of the Visa At-risk money does include credit card debt or other loans as long as those debts are not secured by business assets or in the name of a limited liability business ​ You Must Be Close to Starting the Business ​ The U.S. government does not want to approve Visas for people who “may” set up a business in the U.S. or who have a “desire” to start a business Must be at the start up ready phase Should have a signed lease Business bank account should be set up Should have a website Should have purchased whatever you need to get the business up and running ​ YOU MUST BE IN A POSITION TO “DEVELOP & DIRECT” THE BUSINESS WITH SKILLS ​ You must be the one that is going to direct and run the business Must have the appropriate skill set such that the government has faith that the business will be viable Educational background and experience should suggest that you will be in a position to make the business a success ​ YOUR INVESTMENT MUST BE SUBSTANTIAL ​ Investment could be as low as $15,000 or as high as millions Idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment Make sure to keep records of all of your expenditures since the government will want to see them A substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. ​ YOUR INVESTMENT & BUSINESS CANNOT BE MARGINAL ​ Business cannot be set up so that it provides a means of living just for yourself and your family Put together a business plan that shows growth over a 5-year period or by showing that you plan to hire employees in the future. ​ YOU MUST INTEND TO RETURN TO YOUR HOME COUNTRY AFTER EXPIRATION OF THE E-2 VISA ​ Sign a document that indicates you plan to return home once your visa expires You do not have to show any ties to your home country Application Process There are two ways you can apply for an E-2 visa. These are described below. ​ APPLYING FOR AN E-2 VISA WHILE IN THE U.S. (CHANGE OF STATUS) ​ Step 1: While having another type of VISA, you can file a petition to change status to an E-2 visa with the United States Citizen and Immigration Services (USCIS). Step2: The I-129 form you must file is the same form filed for many other non-immigrant visas (e.g. H-1B), and you would also complete the E-2 visa supplement. Step 3: This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-2 visa requirements. Change of status does NOT permit you to re-enter the country the way an E-2 visa would ​ Step 4: E-2 status is typically granted for a 2-year period. if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file a Form I-539 ​ APPLYING FOR AN E-2 VISA AT A CONSULATE (AN E-2 VISA) ​ Step 1: If you are outside of the U.S., you must file a DS-160, a long application that is completed online. You must also complete a DS-156E supplement. ​ Step 2: The documentation that you must provide is generally the same as the documentation required to file within the U.S. with USCIS. The consulate may impose some additional, specific procedural requirements. ​ Step 3: E-2 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate DS-160 applications must be completed for them. ​ ​ A FEW THINGS TO CONSIDER WHEN DECIDING ​ If you have been granted a change of status and leave the U.S., you must qualify for an E-visa at a consulate before re-entering. You must reapply for the E-2 from scratch and submit all supporting documentation as if the application were a new one. If you are in E-2 status as a result of a change in status, this fact will not speed up your consular adjudication or otherwise expedite your E-visa application at a consulate. Consular E-visas can be issued for 5 years whereas USCIS will only issue E-2 status for 2 years. Note that this could be particularly relevant in light of the marginality requirement of the E-2 visa. Convert E-2 visa to Green Card While no US non-immigrant visa automatically leads to a Green Card some of the common options include: ​ E-2 AND EB-5 INVESTOR VISA PROGRAM ​ This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain a “green card” over the longer-term. ​ DIRECT EB-5 ​ If your E-2 business becomes large enough and employs enough people, it may be eligible for a Direct EB-5 visa. The minimum investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million. ​ REGIONAL CENTER EB-5 ​ Tying E-2 business to the requirements of the EB-5 program can be commercially restrictive, many people who pursue a Green Card from E-2 through EB-5 prefer to invest with a Regional Center instead. For example, it can be a challenge to maintain headcount to meet the EB-5 rules. Failure to do so can put your Green Card at risk. ​ E2 AND EB1(C) FOR THE INTERNATIONAL MANAGER OR EXECUTIVE ​ You must be a business in your home country with a qualifying relationship to your US E-2 Business and have worked at the overseas company for at least one of the three years immediately prior to moving to the United States on your E-2 Visa. You must also demonstrate an “intent to depart” when you apply for your E-2 Visa, which can conflict with plans to obtain a Green Card under EB-1c. It is vital you discuss your options with an immigration attorney at the beginning of the process. ​ Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back FRANCHISE LAW Whether taking a proactive role in helping clients to prevent future disputes, representing members of an organization in a corporate dissolution, or handling complex business litigation in a state or federal court – Buschkin Law Firm prides itself on providing clients with uncompromising advocacy and respected professionalism in all aspects of legal representation. If you are looking to buy a franchise, then caution should be exercised before leaping into the opportunity so as to avoid potential risks. Understand the commitment you are undertaking and your rights and obligations as a franchisee. Buschkin Law Firm can help in all aspects of franchise law. If you are a potential franchisee, your business documents are key. Therefore, it is critical to ensure that they are valid, comprehensive and fair before you make a purchase decision. At Buschkin Law Firm, through meticulous contract review and negotiation, we will work to protect your interests. The trademark is the cornerstone of what you are buying with a franchise investment. Our Firm will check that the trademark is a live, valid, federally registered trademark. This process involves checking state records to ensure there will be no trademark infringement claim brought against you. We will also learn about the background of the people and company along with the franchisor’s litigation and bankruptcy disclosures, among other records. In addition, we will review the terms of the franchise agreement and explain the franchisor’s obligations to the franchisees and vice versa. At Buschkin Law Firm, we are prepared to put our experience and insight to work for you as you enter into the world of franchise ownership. Franchise law encompasses rules and regulations at both the state and federal levels. It is essential to have someone on your side who understands this complex network and the impact these laws may have on your business venture. When you come to us, we will provide comprehensive, personalized representation at every stage of the process. This includes setting up your legal entity for you and helping negotiate the commercial lease for your business. Franchise Disclosure Document Read More Franchise Rule Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US SERVICES SETTING UP A FRANCHISE SYSTEM Read More FRANCHISE DISCLOSURE ISSUES Read More BUYING A FRANCHISE Read More SELLING A FRANCHISE Read More FRANCHISEE ASSOCIATIONS Read More DISPUTE RESOLUTION Read More AREA DEVELOPMENT AGREEMENTS Read More PROTECTED MARKETING AREAS Read More REAL ESTATE ASPECTS OF FRANCHISING Read More STRUCTURING BUSINESS ENTITIES Read More

Back ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. HOW WE CAN HELP: Evaluate legal risks your assets are exposed to Design and implement a comprehensive asset protection plan Create a strategy to protect your assets for multiple generations Successful people know that preserving wealth is sometimes more difficult than creating it. The risk exposure of your assets is largely determined by financial and managerial decisions, but it can also be affected by legal risks you and your loved ones might be exposed to. Originally developed for professionals, business owners, and investors, asset protection services are now just as important for ordinary people seeking to preserve the wealth accumulated during their productive life. Widespread use of personal guaranties by banks and creditors has created overwhelming personal exposure for most business owners and investors. Several factors have increased the need for proper asset protection planning, including professional and personal liability, frequent abuses of the legal system, and aggressive tactics employed by unscrupulous creditors and other third parties. A proper asset protection analysis will evaluate present solvency issues and identify the best legal structure for allocating and holding your assets, using multiple tools and techniques available under law. Unfortunately, there are common misconceptions about the security of home equity, 401k, IRA, and 529 plans, insurance and annuity products, trusts, joint checking accounts, and various other assets and investment vehicles. For that reason, it is crucial to understand the risks associated with holding or transferring your assets without proper planning. While it is important to consider which assets can be placed beyond the reach of creditors, it is also critical to understand whether the assets will be afforded the same protections when transferred to your beneficiaries as a part of your estate. At Buschkin Law Firm, we will assess the risks and help you with the development and implementation of a comprehensive asset protection plan. We will show you how to protect your business, your property, and your personal assets for you and your loved ones. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Acerca de Back START-UP LAW We'll help you power up your start-up with expert legal advice At Buschkin Law Firm, we excel in assisting with business sales and purchases. Our expertise lies in working closely with your accountant to ensure tax efficiency and minimize liability exposure. We skillfully negotiate the most favorable terms for our clients, while also alerting them to any potential issues. Our commitment to building strong client relationships is a key factor in our ability to contribute to their growth and success. Entity Formation: Law firms can help start-ups select the appropriate legal structure, such as LLC, corporation, or partnership, based on factors like liability protection, tax implications, and ownership structure. Intellectual Property Protection: Start-ups often possess valuable intellectual property (IP) assets, such as patents, trademarks, and copyrights. A law firm can help with the process of registering and protecting these assets to prevent infringement and ensure exclusivity. Contracts and Agreements: Law firms can draft, review, and negotiate various contracts critical to start-ups, including customer agreements, vendor contracts, partnership agreements, employment contracts, and more. These documents help define the terms of business relationships and protect the interests of the start-up. Funding and Investment: For start-ups seeking funding, law firms can assist in preparing investment documents like term sheets and shareholder agreements, ensuring compliance with securities laws and regulations. Regulatory Compliance: Start-ups often operate in regulated industries. Law firms can guide them through the complex landscape of regulatory requirements, helping them stay compliant with laws related to data protection, consumer rights, industry-specific regulations, and more Licensing and Regulatory Approvals: Some start-ups require licenses or approvals to operate legally in certain industries. A law firm can help navigate the application process and ensure compliance. Exit Strategies: As start-ups grow, they may consider exit strategies like mergers, acquisitions, or IPOs. A law firm can provide guidance on the legal aspects of such transactions, ensuring a smooth transition and favorable terms. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Specialty Occupations The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) has a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years. This is a very popular visa because, unlike many other non-immigrant visas that make applying for a green card very difficult and require foreign workers to maintain a residence in their home country, the H-1B visa permits “dual intent.” Dual intent allows one to apply for a green card while in the U.S. without running into problems. Requirements and eligibility QUALIFICATIONS LABOR CONDITION APPLICATION (LCA) Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the place of employment. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment. Application Process Processing times and Period of Stay/Extension of Stay Labor certification is done prior to filing the H-1B petition, and it usually takes about 2 weeks to get an answer from the Department of Labor. Premium processing is available and you can have an answer in 15 calendar days. Premium processing will cost you an additional $1,440, but it is generally well worth it to keep your place in line. Family of H-1B Visa holders H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H-4 visa category as dependents. While dependents are permitted to remain in the U.S., an H-4 visa holder is not eligible to work in the U.S. They can, however, attend school, obtain a driver’s license, and open a bank account while in the U.S. The spouse of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back REAL ESTATE The Power Of Experienced Litigators In matters of real estate litigation and title insurance claims, having well-informed, experienced real estate attorneys at your side gives you a distinct advantage. Buschkin Law Firm has substantial experience in every facet of real estate litigation, title insurance claims, and title defence litigation. Buschkin Law Firm understands real estate law and the intricacies of commercial and residential real estate transactions. Whether the solution to a dispute lies inside or outside the courtroom, we work diligently to advocate our client’s position and reduce their exposure. When litigation is unavoidable, we are by your side ready to bring our legal knowledge and expertise to bear, finding the solution that is best for you. Real estate litigation generally refers to any dispute arising from a real property interest. We advise and represent clients on all aspects of real estate litigation and contractual disputes and help clients evaluate the legal and business issues that impact real estate contracts. We have a great deal of experience in handling diverse and complex litigation and contractual disputes, and in achieving successful outcomes. General Real Estate Practice Buschkin Law Firm has technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. We can help you in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. We also can help you with workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations. ​ During times of market uncertainty and legislative change, the real estate sector offers significant opportunities for companies that can target and manage potential risks. Strategic legal counsel based on a clear-eye assessment of market realities can help owners, developers, and investors reap the rewards of a volatile market. Buschkin Law Firm provides comprehensive and fully integrated services, we advise on the full range of sophisticated real estate transactions and construction projects, with a strong focus on portfolio transactions, complex and alternative financings, large-scale development and redevelopment projects, and high-stakes dispute resolution. We offer cogent counsel on all aspects of real estate transactions, from acquisitions and financings to leasing and sales, and help clients navigate and comply with shifting environmental regulations. In addition, should a dispute arise, we vigorously litigate on our clients’ behalf. New York and New Jersey Residential Real Estate Attorney Real estate is an integral part of the economy in the New York Metro Area, there is a lot at stake in real estate transactions throughout New York and New Jersey . Our clients trust our services and rely on us to protect them at every stage of a transaction. If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced new York and New Jersey residential real estate lawyer. Hiring an attorney who specializes in New York and New Jersey real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications. Buschkin Law Firm can help you in the following ways: We help you review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing. In addition to being knowledgeable about the real estate industry, Buschkin Law Firm can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case. Buschkin Law Firm is not only valuable for our legal knowledge but also our negotiation skills, in and outside of the courtroom, we can help you during the deal-making process ensure you achieve a contract that minimizes risk and maximizes reward. What we offer Buschkin Law Firm handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects, both in the private and public sectors. We are skilled in a broad spectrum of transactions that includes: Real estate finance Development Sales and acquisitions Land use and environmental matters Leasing Distressed asset workouts Real estate matters may require a range of services and present varied challenges. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Extraordinary Ability Anyone who can demonstrate that they have achieved a certain level of success and recognition in their respective field may qualify for a merit-based visa. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. This is the highest level of visa classification and USCIS looks very closely to determine that you have received or been nominated for a major industry award or meet at least 3 of the ten “alternate” criteria Requirements & Eligibility Step one is to assess whether you meet the specified number of criteria outlined below. If the answer to that question is yes, USCIS will perform a subjective, qualitative assessment of whether you are “exceptional.” In order to apply for this category, you must meet 3 out of the 10 criteria listed below: Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence Evidence of your membership in associations in the field which demand outstanding achievement of their members Evidence of published material about you in professional or major trade publications or other major media Evidence that you have been asked to judge the work of others, either individually or on a panel Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Evidence of your authorship of scholarly articles in professional or major trade publications or other major media Evidence that your work has been displayed at artistic exhibitions or showcases Evidence of your performance of a leading or critical role in distinguished organizations Evidence that you command a high salary or other significantly high remuneration in relation to others in the field Evidence of your commercial successes in the performing arts ​ ELIGIBILITY FOR EXTRAORDINARY ABILITY CLASSIFICATION ​ Sustained National or International Acclaim: In determining whether the beneficiary has enjoyed "sustained" national or international acclaim, the officer should consider that such acclaim must be maintained. However, the term sustained does not imply an age limit on the beneficiary. A beneficiary may be very young or early in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes sustained. If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter. ​ Continuing to Work in the Area of Expertise: In general, if a beneficiary has clearly achieved recent national or international acclaim as an athlete and has sustained that acclaim in the field of coaching or managing at a national level, officers can consider the totality of the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability such that USCIS can conclude that coaching is within the beneficiary’s area of expertise. Entry to Substantially Benefit the United States: Whether the petitioner demonstrates that the person’s employment meets this requirement requires a fact-dependent assessment of the case. There is no standard rule as to what will substantially benefit the United States. In some cases, a Request for Evidence (RFE) may be appropriate if an officer is not yet satisfied that the petitioner has met this requirement. ​ EVIDENCE OF EXTRAORDINARY ABILITY ​ In general, the petitioner must submit evidence that: The person has sustained national or international acclaim; and The person’s achievements have been recognized in the field of expertise. The evidence provided in support of the petition must ultimately establish that the beneficiary "is one of that small percentage who have risen to the very top of the field of endeavour." ​ Letters of Endorsement ​ The statements made by the witnesses should be corroborated by documentary evidence in the record. The letters should explain in specific terms why the witnesses believe the beneficiary to be of the calibre of a person with extraordinary ability. It is generally expected that one whose accomplishments have garnered sustained national or international acclaim would have received recognition for his or her accomplishments well beyond the circle of his or her personal and professional acquaintances ​ Two-Step Analysis of Evidence ​ Evaluating Petitions Filed on Behalf of O-1 Non-immigrants ​ Eligibility as an O-1 non-immigrant does not automatically establish eligibility for immigrant extraordinary ability classification. Each petition is separate and independent and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Officers issuing denials in such cases should provide a brief discussion as to why, notwithstanding the previous O-1 non-immigrant visa petition approval, the petitioner has failed to meet its burden to establish the beneficiary’s eligibility for approval of the immigrant petition for classification as a person with extraordinary ability. Application process For all of EB1 visas you must file form I-140, Petition for Alien Worker. For visa EB-1(a) you may petition for yourself. The I-140 is filed with USCIS and, depending on whether or not the green card is current, an I-485 form can be filed. This application can also be done while outside of the U.S., a process by which the I-140 is filed with USCIS and the applicant receives the green card through consular processing. Through this process, once I-140 is approved, schedule an appointment with the U.S. consulate or embassy in the home country to have an interview with a consular officer. Here you should bring the printed completion of DS-260 online immigrant application. If eligible,a package will be given. Do not open this packet, this will be given at the port of entry when inspected. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US