Chary Law P.C.

Chary Law P.C. Business & Immigration Law. Helping companies obtaining employment- and investment based visas Nationwide Immigration / NY Business Law

While in law school I always wondered what this little badge on websites and e-mail signatures meant….Super Lawyers uses...
10/25/2023

While in law school I always wondered what this little badge on websites and e-mail signatures meant….

Super Lawyers uses a process that includes attorney nominations, research, and evaluation by Thomson Reuters that happens once a year on a state-by-state basis across more than 70 practice areas evaluating attorneys from all firm sizes.

So there you have it. I finally made it (even though most of my clients could have attested to this long ago 😉).

Amazing feeling getting an email like this and having my firm be a part of something so important.
10/10/2023

Amazing feeling getting an email like this and having my firm be a part of something so important.

Had an awesome time educating the talented physician recruiters at today on physician waivers, visas and green cards. ...
06/01/2023

Had an awesome time educating the talented physician recruiters at today on physician waivers, visas and green cards.

O-1 visas aren’t only for the arts and entertainment industry, the O-1A visa is a non-immigrant (temporary) visa which a...
05/17/2023

O-1 visas aren’t only for the arts and entertainment industry, the O-1A visa is a non-immigrant (temporary) visa which allows for individuals who possess extraordinary ability in their field of expertise, a perfect example of this is a medical doctor.

In addition to having a valid job offer and a sponsor, the O-1A is entirely dependent upon the qualifications of the applicant. Doctors can establish their extraordinary ability in the medical field through sustained national or international acclaim. This can be done by providing evidence of awards, publications, conference presentations, citations, board eligibility, and teaching experience.

Once approved, the O-1 visa allows doctors to work in the United States for a specific employer for up to three years. Extensions are possible for up to one year at a time, with no limit on the number of extensions that can be obtained.

The O-1A visa is a non-immigrant visa category for individuals who possess extraordinary ability in their field of exper...
05/17/2023

The O-1A visa is a non-immigrant visa category for individuals who possess extraordinary ability in their field of expertise. For doctors, the O-1A visa can be a great option for those who have achieved recognition in their area of specialization and wish to work in the United States.

To qualify for an O-1A visa as a doctor, you must demonstrate that you have extraordinary ability in your medical field through sustained national or international acclaim. This can be done by providing evidence of awards, publications, citations, teaching experience, conference presentations, and other achievements that demonstrate your exceptional abilities.

In addition, you must have a job offer from a U.S. employer, someone to sponsor your visa application, and you must provide evidence to demonstrate that you will be working in your area of extraordinary ability. The doctor must also provide evidence of their qualifications and a detailed description of the proposed work to be performed in the United States.

Once approved, the O-1A visa allows doctors to work in the United States for a specific employer for up to three years. Extensions are possible for up to one year at a time, with no limit on the number of extensions that can be obtained.

A J-1 visa is a nonimmigrant visa issued by the US government to foreign nationals who wish to participate in educationa...
04/20/2023

A J-1 visa is a nonimmigrant visa issued by the US government to foreign nationals who wish to participate in educational and cultural exchange programs in the United States. The J-1 visa is intended to promote mutual understanding between the people of the United States and people from other countries.

There are a variety of exchange programs that are eligible for J-1 visas, including programs for medical doctors, students, teachers, researchers, au pairs, and summer work travel programs.

The specific requirements and conditions of each program can vary, but all J-1 exchange visitors are required to have a sponsoring organization that is approved by the US Department of State.

J-1 visa holders are allowed to stay in the United States for the duration of their exchange program, which can range from a few weeks to several years. They are also typically required to return to their home country for a period of time after completing their program, known as the two-year home country physical presence requirement, unless they are able to obtain a waiver of this requirement (more on this later).

Overall, the J-1 visa is a valuable opportunity for individuals to gain international experience and exposure, as well as to share their own culture and expertise with others in the United States.

The results are pretty much in at this point and you’ve been selected for the H-1B lottery. What a sigh of relief, but n...
03/30/2023

The results are pretty much in at this point and you’ve been selected for the H-1B lottery. What a sigh of relief, but now you’re probably wondering what next?

Your company’s attorney is able to submit the H-1B petition on your company’s behalf from April 1, 2023 onwards and the period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners (employers) filing H-1B petitions must do so by paper.

If USCIS approves your H-1B petition, you will receive an "Approval Notice" that indicates the validity period of the H-1B visa, which can be up to three years starting on October 1, 2023. You can use this approval notice to apply for the H-1B visa stamp at a U.S. consulate or embassy abroad.

It's important to note that being selected in the H-1B lottery does not guarantee approval of your H-1B petition. USCIS may deny your petition if it determines that you or your employer do not meet the eligibility requirements or if there are any issues with your application.

When you invest in a private business, you will most likely be given a subscription agreement to review. Subscription a...
03/15/2023

When you invest in a private business, you will most likely be given a subscription agreement to review. Subscription agreements are legal contracts between you and the company you are investing in. It outlines the terms and conditions of your investment, such as the amount of money you are investing, the type of securities you will receive in exchange, and any restrictions or limitations on the transfer of those securities.

Subscription agreements are commonly used in private placements, which are offerings of securities that are not registered with the Securities and Exchange Commission (SEC). Private placements are typically offered to a limited number of accredited investors, who are individuals or entities that meet certain financial criteria. In a private placement, the subscription agreement serves as one of the main documents that govern the sale of securities to investors. It outlines the terms of the offering, the risks associated with the investment, and the investor's rights and obligations.

Did you know there’s an alternative to the typical investor visas for non-citizens?International Entrepreneur Rule (IER)...
03/13/2023

Did you know there’s an alternative to the typical investor visas for non-citizens?

International Entrepreneur Rule (IER) rule provides a framework for the US government to grant a period of authorized stay, on a case-by-case basis, to noncitizen entrepreneurs who possess a substantial ownership interest in a start-up entity and who can demonstrate that their stay in the United States would provide a significant public benefit through that start-up entity’s potential for rapid business growth and job creation. IER may be granted for up to three entrepreneurs per start-up entity.

Basic Requirements Include:

- Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.

- Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.

- Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity.

Every wonder why so many companies are formed in the State of Delaware? Delaware is known for having business-friendly l...
03/09/2023

Every wonder why so many companies are formed in the State of Delaware?

Delaware is known for having business-friendly laws and regulations, which is why many companies choose to incorporate there. Here are some examples of business-friendly laws and policies in Delaware:

1. Low taxes: Delaware has no sales tax, low corporate income tax rates, and no personal property tax on intangible assets.

2. Court of Chancery: Delaware has a separate Court of Chancery that specializes in business law, including corporate disputes and mergers and acquisitions. The court has a reputation for being efficient and experienced in handling complex business cases.

3. Flexibility in corporate structure: Delaware allows for a variety of corporate structures, such as limited liability companies (LLCs) and S corporations, which offer flexibility in management and ownership structures.

4. Privacy: Delaware does not require companies to disclose the names of directors or officers in their incorporation documents, which can provide privacy for business owners.

5. Corporate governance: Delaware has a well-established body of corporate law that provides clarity and consistency in corporate governance and decision-making.

Overall, Delaware's business-friendly laws and policies have made it a popular state for incorporating businesses, particularly for larger corporations with complex legal needs. Remember, just because you form your business in Delaware does NOT mean you have to work only in Delaware or maintain an office in the state.

🌎 Travel Tip: If you're planning a trip to the United States, don't forget to apply for ESTA (Electronic System for Trav...
02/27/2023

🌎 Travel Tip: If you're planning a trip to the United States, don't forget to apply for ESTA (Electronic System for Travel Authorization)! ESTA is an online system that determines the eligibility of visitors to travel to the US under the Visa Waiver Program. It's easy to apply and can be done online at any time before your trip (ideally 72 hours prior).

You need ESTA if you are planning to travel to the United States under the Visa Waiver Program. This allows citizens of certain countries to travel to the US for business or tourism purposes for up to 90 days without obtaining a visa. However, in order to be eligible for the Visa Waiver Program, travelers must obtain an approved ESTA prior to their trip

- Click the link to see which countries qualify: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html

✈️ With ESTA, you can enjoy hassle-free travel to the US without having to obtain a visa. In most cases, your ESTA will be valid for two years.

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