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Contract analysis / employer-support-letter-template.docx
employer-support-letter-template.docx
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I. Introduction and Purpose of This Letter
I. Introduction and Purpose of This Letter This letter is submitted on behalf of Lumos Analytics Inc. ("Lumos" or "Petitioner") in support of the Form I-140, Immigrant Petition for Alien Worker, filed for [BENEFICIARY NAME] (the "Beneficiary"). Lumos is petitioning under the Employment-Based Second Preference (EB-2) classification for an Advanced Degree Professional, pursuant to Section 203(b)(2) of the Immigration a
1. The bona fide nature of the permanent, full-time job offer extended to the Beneficiary
1. The bona fide nature of the permanent, full-time job offer extended to the Beneficiary;
2. Lumos's ongoing ability to pay the offered wage from the priority date through the pre
2. Lumos's ongoing ability to pay the offered wage from the priority date through the present and into the future, as required under 8 C.F.R. § 204.5(g)(2);
3. The Beneficiary's possession of the requisite advanced degree and professional qualifi
3. The Beneficiary's possession of the requisite advanced degree and professional qualifications that meet or exceed the minimum requirements of the offered position as set forth in the approved PERM labor certification; and
4. The eligibility of the position and the Beneficiary for classification under the EB-2
4. The eligibility of the position and the Beneficiary for classification under the EB-2 (Advanced Degree Professional) preference category. Lumos respectfully submits that the petition satisfies all statutory and regulatory requirements for approval and requests that U.S. Citizenship and Immigration Services ("USCIS") adjudicate this petition favorably.
II. Description of the Petitioning Employer
II. Description of the Petitioning Employer Lumos Analytics Inc. is a C-Corporation incorporated under the laws of the State of Delaware. The company's registered agent in Delaware is Keystone Registered Agents LLC, located at 850 New Burton Road, Suite 201, Dover, DE 19904. Lumos is qualified to transact business in the State of California and maintains its principal place of business and corporate headquarters at 2
III. Bona Fide Job Offer
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⚑ Commercial term
III. Bona Fide Job Offer Lumos Analytics Inc. hereby confirms that it has made, and continues to extend, a bona fide, permanent, full-time job offer to the Beneficiary for the position of [POSITION TITLE]. [Template instruction: Insert the applicable position title from the following list based on the Beneficiary being sponsored:] • Rajan Mehta — Vice President, Engineering — Core Platform • Lina Varga — Senior Direc
IV. Position Description and Minimum Requirements
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⚑ Liability cap to check against exposure
IV. Position Description and Minimum Requirements The position of [POSITION TITLE] carries the following minimum requirements, as set forth in the approved PERM labor certification (ETA Form 9089). These requirements represent the actual minimum qualifications that Lumos requires for the position and reflect the employer's genuine business needs. The requirements were not tailored to the Beneficiary's qualifications
V. EB-2 Classification — Advanced Degree Professional
V. EB-2 Classification — Advanced Degree Professional Lumos respectfully submits that the offered position qualifies for classification under the Employment-Based Second Preference (EB-2) category as an Advanced Degree Professional, pursuant to INA § 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A), and 8 C.F.R. § 204.5(k)(2). Under the governing statute and regulations, the EB-2 classification is available to members of the p
VI. Beneficiary's Qualifications
VI. Beneficiary's Qualifications Lumos confirms that the Beneficiary meets or exceeds all of the minimum requirements for the offered position as set forth in the approved PERM labor certification (ETA Form 9089). The Beneficiary possesses the requisite educational credentials, professional experience, specialized skills, and any additional certifications required by the position. A summary of the Beneficiary's quali
VII. Ability to Pay the Offered Wage
VII. Ability to Pay the Offered Wage Lumos Analytics Inc. confirms its ability to pay the offered wage of [OFFERED SALARY] per year to the Beneficiary from the priority date of [PRIORITY DATE] onward, and continuing through the present, as required under 8 C.F.R. § 204.5(g)(2). The governing regulation provides that a petition for an employment-based immigrant visa shall include evidence that the prospective United S
1. Annual Revenue: Lumos's total annual revenue for the fiscal year ending December 31, 2
1. Annual Revenue: Lumos's total annual revenue for the fiscal year ending December 31, 2023, was approximately $87.4 million. The offered salary of [OFFERED SALARY] represents a small fraction — less than one-half of one percent — of the company's total annual revenue.
2. Number of Employees: As of June 2023, Lumos employed approximately 312 full-time emplo
2. Number of Employees: As of June 2023, Lumos employed approximately 312 full-time employees across all functions and departments. The company has maintained a robust and growing workforce throughout the relevant period, and the offered position is one of many professional roles within the organization.
3. Capitalization and Institutional Investment: Lumos is a well-capitalized enterprise Sa
3. Capitalization and Institutional Investment: Lumos is a well-capitalized enterprise SaaS company. The company's Series B financing round was led by Ridgeline Equity Partners, LP, a growth equity firm that currently holds a 38.2% equity stake in Lumos. The company's strong capitalization and institutional backing provide additional assurance of its financial stability and its ongoing capacity to meet its employment
4. Current Payment of Wages: The Beneficiary is currently employed by Lumos in the offere
4. Current Payment of Wages: The Beneficiary is currently employed by Lumos in the offered position, and Lumos has consistently paid the Beneficiary's current salary in full and on time. The Beneficiary's current compensation is at or above the offered wage set forth in the PERM labor certification and the prevailing wage determination. In further support of Lumos's ability to pay the offered wage, the following fina
VIII. PERM Labor Certification
VIII. PERM Labor Certification Lumos Analytics Inc. obtained an approved PERM labor certification from the U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, for the offered position. The approved ETA Form 9089 is enclosed with this petition as a supporting exhibit. The relevant PERM labor certification details are as follows: Case Number: [CASE NUMBER] [Template
IX. Conclusion and Request for Approval
IX. Conclusion and Request for Approval Based on the foregoing, Lumos Analytics Inc. respectfully requests that U.S. Citizenship and Immigration Services approve the enclosed Form I-140, Immigrant Petition for Alien Worker, on behalf of [BENEFICIARY NAME]. In support of this request, Lumos has demonstrated the following:
1. The position of [POSITION TITLE] represents a bona fide job offer for a permanent, ful
1. The position of [POSITION TITLE] represents a bona fide job offer for a permanent, full-time role at a salary of [OFFERED SALARY] per year, which equals or exceeds the applicable prevailing wage determination;
2. The Beneficiary possesses an advanced degree and professional qualifications that meet
2. The Beneficiary possesses an advanced degree and professional qualifications that meet or exceed all of the minimum requirements for the offered position as set forth in the approved PERM labor certification;
3. The petition is properly classified under the Employment-Based Second Preference (EB-2
3. The petition is properly classified under the Employment-Based Second Preference (EB-2) category for an Advanced Degree Professional, pursuant to INA § 203(b)(2)(A) and 8 C.F.R. § 204.5(k)(2);
4. Lumos has demonstrated its ability to pay the offered wage from the priority date thro
4. Lumos has demonstrated its ability to pay the offered wage from the priority date through the present and into the future, as required under 8 C.F.R. § 204.5(g)(2); and
5. An approved PERM labor certification, obtained through a full supervised recruitment p
5. An approved PERM labor certification, obtained through a full supervised recruitment process in compliance with 20 C.F.R. Part 656, is enclosed with the petition. Should USCIS require any additional information, documentation, or clarification in connection with the adjudication of this petition, please do not hesitate to contact the undersigned officers of Lumos Analytics Inc. or the company's immigration counsel
1. Form I-140, Immigrant Petition for Alien Worker, with filing fee of $700.00
Standard
⚑ Commercial term
1. Form I-140, Immigrant Petition for Alien Worker, with filing fee of $700.00
2. Form I-907, Request for Premium Processing Service, with premium processing fee of $2,
Standard
⚑ Commercial term
2. Form I-907, Request for Premium Processing Service, with premium processing fee of $2,500.00
3. Approved PERM Labor Certification (ETA Form 9089), Case No. [CASE NUMBER]
3. Approved PERM Labor Certification (ETA Form 9089), Case No. [CASE NUMBER]
4. Prevailing Wage Determination issued by the National Prevailing Wage Center
4. Prevailing Wage Determination issued by the National Prevailing Wage Center
5. Beneficiary's educational credentials, including:
5. Beneficiary's educational credentials, including: (a) Copies of academic diplomas and degree certificates (b) Official academic transcripts (c) Credential evaluation report(s) from a NACES-member evaluation service, if applicable
6. Beneficiary's curriculum vitae / professional resume
6. Beneficiary's curriculum vitae / professional resume
7. Evidence of Beneficiary's current nonimmigrant status (copy of Form I-797 Approval Not
7. Evidence of Beneficiary's current nonimmigrant status (copy of Form I-797 Approval Notice for H-1B or L-1A classification, as applicable)
8. Evidence of Petitioner's ability to pay the offered wage, including:
8. Evidence of Petitioner's ability to pay the offered wage, including: (a) Relevant portions of federal corporate income tax returns (IRS Form 1120) for the applicable tax year(s) (b) Audited financial statements, if applicable (c) Such additional financial documentation as may be relevant
9. Any additional supporting documentation as applicable to the specific Beneficiary
9. Any additional supporting documentation as applicable to the specific Beneficiary TEMPLATE USE INSTRUCTIONS This is a blank form template prepared by Calderwood & Harkness LLP for use by Lumos Analytics Inc. in connection with I-140 immigrant petition filings for the following beneficiaries: Rajan Mehta, Lina Varga, Tomás Aguilar-Reyes, and Yumiko Tanaka. All bracketed fields indicated by [ ] throughout this lette