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Contract analysis / engagement-letter-lumos-immigration.docx
engagement-letter-lumos-immigration.docx
High · 0
Medium · 8
Standard · 3
1. Purpose and Scope of Engagement
1. Purpose and Scope of Engagement This letter confirms that Lumos Analytics Inc. has retained Calderwood & Harkness LLP to serve as the Company's outside immigration counsel for purposes of preparing and filing permanent labor certification applications and employment-based immigrant visa petitions on behalf of four foreign national employees of the Company identified below. The Firm values the trust the Company has
2. Identification of Beneficiaries
2. Identification of Beneficiaries The Firm will prepare and file PERM labor certification applications and EB-2 immigrant visa petitions on behalf of the following four beneficiaries, each of whom is currently employed by the Company in the position indicated:
1. Rajan Mehta
1. Rajan Mehta • Position: Vice President, Engineering — Core Platform • Citizenship: India • Current Immigration Status: H-1B nonimmigrant status, valid through September 14, 2025 • EB-2 Classification Basis: Advanced Degree Professional — Master of Science in Computer Science, Indian Institute of Technology Bombay, conferred 2014
2. Lina Varga
2. Lina Varga • Position: Senior Director, Data Science & Machine Learning • Citizenship: Hungary • Current Immigration Status: H-1B nonimmigrant status, valid through March 2, 2026 • EB-2 Classification Basis: Advanced Degree Professional — Doctor of Philosophy (Ph.D.) in Statistics, ETH Glenrock Assurance (Swiss Federal Institute of Technology Glenrock Assurance), conferred 2016
3. Tomás Aguilar-Reyes
3. Tomás Aguilar-Reyes • Position: Vice President, Product — Fintech Solutions • Citizenship: Mexico • Current Immigration Status: L-1A intracompany transferee status, valid through July 30, 2024 • EB-2 Classification Basis: Advanced Degree Professional — Master of Business Administration (MBA), IPADE Business School (Instituto Panamericano de Alta Dirección de Empresa), conferred 2013, supplemented by five (5) years
4. Yumiko Tanaka
4. Yumiko Tanaka • Position: Director, Information Security & Compliance • Citizenship: Japan • Current Immigration Status: H-1B nonimmigrant status, valid through November 18, 2025 • EB-2 Classification Basis: Advanced Degree Professional — Master of Science in Cybersecurity, Carnegie Mellon University, conferred 2017 Each of the above-named beneficiaries will be advised that the Firm represents the Company as the p
3. Description of Legal Services
Medium
⚑ Notice / time limit to track
3. Description of Legal Services The Firm will provide the following legal services to the Company in connection with this engagement: (a) Prevailing Wage Determination Requests. The Firm will prepare and submit prevailing wage determination ("PWD") requests to the DOL National Prevailing Wage Center ("NPWC") for each of the four positions described in Section 2 above. This work will include the identification of the
4. Staffing
Medium
⚑ Assignment / subcontracting
4. Staffing The following attorneys will be principally responsible for the work performed under this engagement: Responsible Partner — Colette Whitman. Ms. Whitman is a partner in the Firm's Bankruptcy & Restructuring practice group and will serve as the overall supervising partner for this engagement. Ms. Whitman will maintain overall responsibility for the quality and timeliness of all work product, exercise super
5. Client Contacts
5. Client Contacts The Company designates the following individuals as the primary client contacts for purposes of this engagement: Marcus Whitfield, General Counsel — Mr. Whitfield is authorized to provide legal oversight of the engagement, approve strategic decisions, and authorize the execution of filings on behalf of the Company. Janelle Kwon, HR Manager — Ms. Kwon will serve as the day-to-day immigration liaison
6. Fees and Billing
Medium
⚑ Liability cap to check against exposure
6. Fees and Billing 6.1 Legal Fees — Flat Fee Arrangement The Company and the Firm have agreed to a flat fee arrangement for the legal services described in Section 3 of this engagement letter. The flat fee for the combined preparation and filing of PERM labor certification applications and I-140 immigrant visa petitions shall be Twelve Thousand Five Hundred Dollars ($12,500) per beneficiary. With four (4) beneficiar
7. Client Obligations
Medium
⚑ Notice / time limit to track
7. Client Obligations The success of the PERM labor certification and I-140 immigrant visa petition process depends in significant part on the active participation and cooperation of the Company. The Company acknowledges and agrees to the following obligations in connection with this engagement: (a) Truthful and Accurate Information. The Company shall provide truthful and accurate information regarding each sponsored
8. Company Background
8. Company Background For the Firm's internal file and for purposes of providing context relevant to the preparation of filings under this engagement, the Company provides the following background information: Company Name: Lumos Analytics Inc. Business Description: Lumos Analytics Inc. is an enterprise SaaS and fintech company that develops and provides an AI-driven credit risk analytics and automated underwriting p
9. Conflicts of Interest
Medium
⚑ Liability cap to check against exposure
9. Conflicts of Interest The Firm has conducted a conflicts of interest check in accordance with the California Rules of Professional Conduct and, based on the information currently available to the Firm, has identified no existing conflicts of interest that would preclude the Firm from undertaking this engagement on behalf of the Company. The Company understands and acknowledges that the Firm's representation of Lum
10. Confidentiality
Medium
⚑ Liability cap to check against exposure
10. Confidentiality All information provided by the Company and by the individual beneficiaries in connection with this engagement will be treated as confidential by the Firm, subject to the Firm's professional obligations under the California Rules of Professional Conduct and applicable law. The Firm acknowledges that the information provided in connection with this engagement may include sensitive corporate informa
11. Termination
Standard
⚑ Commercial term
11. Termination Either party may terminate this engagement at any time upon written notice to the other party. The Firm encourages the Company to communicate any concerns regarding the representation promptly so that they may be addressed before termination becomes necessary. In the event of termination by the Company, the Firm will be entitled to payment for: (i) all legal fees earned as of the date of termination,
12. No Guarantee of Outcome
Standard
⚑ Commercial term
12. No Guarantee of Outcome The Company acknowledges and understands that the Firm cannot and does not guarantee the outcome of any PERM labor certification application or I-140 immigrant visa petition filed under this engagement. Immigration adjudications are conducted by the U.S. Department of Labor and U.S. Citizenship and Immigration Services, and the ultimate disposition of each application or petition is subjec
13. Estimated Timeline
13. Estimated Timeline Based on current government processing times and the Firm's experience with similar filings, the following is an overview of the anticipated timeline for each beneficiary's case from the commencement of the engagement to the expected I-140 approval: Prevailing Wage Determination Requests. The Firm anticipates filing prevailing wage determination requests with the National Prevailing Wage Center
I-140 Petitions. Upon receipt of the approved PERM labor certification for each beneficiar
Medium
⚑ Liability cap to check against exposure
I-140 Petitions. Upon receipt of the approved PERM labor certification for each beneficiary, the Firm will file the I-140 immigrant visa petition with the USCIS Texas Service Center, accompanied by a Form I-907 request for premium processing. Under premium processing, USCIS is required to issue a decision or request for additional evidence within fifteen (15) calendar days of receipt of the petition. Estimated Total
14. Governing Law
Medium
⚑ Forum / governing law
14. Governing Law This engagement letter shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice-of-law or conflict-of-law provisions. Any disputes arising out of or relating to this engagement letter or the services provided hereunder shall be resolved through binding arbitration administered by JAMS in San Francisco, California, in accordance wi
15. Acceptance and Execution
Standard
⚑ Commercial term
15. Acceptance and Execution We are grateful for the opportunity to serve Lumos Analytics Inc. in connection with these important immigration matters and look forward to working with your team to bring these cases to a successful conclusion. If the terms and conditions set forth in this engagement letter are acceptable to the Company, please indicate the Company's acceptance by signing and dating this letter in the s