H-1B US Visa from Bangladesh

by Tahmidur Remura Wahid | Nov 18, 2022 | 2023, Law

H-1B US Visa from Bangladesh: A Comprehensive Guide for 2023

Foreign professionals can work in the United States thanks to the H-1B visa. It enables employers to hire qualified foreign workers in specialty occupations in the United States on a temporary basis. Based on his or her acquired skills, the foreign professional may be able to obtain a position in the United States. To be eligible for the H-1B Visa, both the US employer and the potential employee must follow the USCIS conditions and regulations. The H-1B visa requirements aim to ensure that both the US employer and the foreign professional adhere to Department of Labor standards. Filing for a Labor Condition Application is an important part of this compliance (LCA).

What is the H-1B Visa in the United States in 2023 ?

The H-1B visa is one of several employment-based visas available in the United States. It was created to assist American employers in hiring international talent for specialized occupations. Companies, in particular, can bring foreign workers with at least a bachelor’s degree or equivalent to work in the United States. The H-1B visa is unique in that it is a “dual intent” visa, which means that while it is a temporary visa, holders have the option of obtaining a green card (permanent residency).

H-1B visas are ideal for individuals who are well-educated and have a job offer from a U.S. employer. Historically, these jobs were in engineering, medicine, technology, and other fields requiring advanced skills.

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Please contact us to see if you are eligible for a free consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa attorney. We communicate in English, Spanish, and Hindi.

Requirements for H-1B Visas

H-1B visas, like many other US visas, have stringent requirements that all applicants must meet. They are as follows:

Position Prerequisites

The job must be classified as a “specialty occupation.” A bachelor’s degree or advanced level education certification is required for a specialty occupation. Due to the complexity or specific listed duties, some positions may not require a bachelor’s degree. Most ‘professional’ positions, on the other hand, require a bachelor’s degree.
Engineers, professors, researchers, medical professionals, accountants, attorneys, and architects are examples of qualified positions.

Requirements for Education

• A bachelor’s or advanced degree from an accredited university or college is required. The degree must be related to the H-1B specialty position. If the degree was obtained outside of the United States, it must be equivalent to a degree available in the United States.
• Work experience is not required if you have a bachelor’s degree. Work experience may be substituted for educational requirements. The general rule for the amount of work experience accepted is: One year of university equals three years of work experience.
• USCIS and the Department of Labor Requirements

In addition, once the DOL certifies the LCA, the employer must submit an I-129 form to the USCIS.

Prevailing Wage Determination:

This is a calculated average wage paid to employees in similar fields in the United States. The foreign professional must be paid at least the going rate.

• The employment of the foreign professional will have no effect on working conditions in similar fields in the United States.
• Employers are required to post notice of H-1B filings internally.
• Within the intended field, there cannot be an existing strike/layoff/lockout.
• Employers must follow public examination procedures.
• If the employer terminates the foreign professional’s employment before the specified time, the employer is obligated to pay the costs of transportation back to the home country.
• The employer is not authorized to hire the foreign professional until the USCIS grants approval.

Employer Requirements in the U.S.

It is necessary to have the funds to pay the foreign professional.
The employer must make a formal job offer. An official job offer indicates that documented evidence of a genuine business need can be presented.
H-1B Requirements Full Summary Chart

The H-1B Visa Application Process: Step-by-Step

Once the USCIS approves the employer’s H-1B petition, the foreign worker can get the H-1B Visa stamped at a US embassy abroad or change status if he or she is already in the US. Unless you are a Chilean or a Singaporean national, the H-1B visa is valid for three years. Additional H-1B Visa requirements must be met by both the petitioner (employer) and the beneficiary (employee).

The H-1B visa application process consists of two major steps: employer sponsorship in the United States and petitioning with the USCIS. To begin the process, the applicant must have a U.S. employer. When a potential H-1B holder locates a U.S. employer who is both eligible and willing to file an H-1B visa on his or her behalf, the employer must receive a labor certification application and file an H-1B petition with the USCIS.

If the petitioner is seeking legal counsel or an H-1B visa, the petitioner must file a G-28 form. The G-28 should be completed in its entirety. This includes the attorney’s signature and printed name, as well as the petitioner’s signature.
Form ETA-9035 must be submitted by the US employer (Labor Condition Application). The Labor Condition Application must be submitted online via the Department of State’s iCert Portal System.

Filing the I-129 form

Before filing the I-129 form, the employer must have received approval of the Labor Condition Application. Following approval, the employer must file Form I-129 (Petition for a Nonimmigrant Worker), the filing fee, any supplementary documentation, and the approved Labor Certification Application.

The I-129 must be accompanied by a completed H Classification supplement, which can be found on pages 11 and 12 of the form.
The petitioner must ensure that the H-1B Data Collection and Filing Fee Supplement is properly completed. Pages 17-19 of Form I-129 contain the H-1B Data Collection and Filing Fee Supplement.
Form I-907 must be completed if the petitioner wishes to request Premium Processing. A $2,500 filing fee in the form of a separate check/money order, an I-129 receipt, and Form I-907 are required for premium processing. The I-907 is a Premium Processing Service Request. After submitting form I-129, this is filed.

H-1B Cap

The H-1B visa is subject to an annual cap of 65,000 visas each fiscal year. There are, however, some applicants who are exempt from the cap. Beneficiaries with a master’s degree or higher in the United States are exempt from the cap if their petition is filed among the first 20,000 available. Furthermore, if the H-1B worker is employed or petitioned on behalf of a higher education institution, the H-1B worker is not subject to the H-1B cap. H-1B cap exemptions apply to related nonprofit entities, nonprofit research, and government research organizations.

The H-4 visa allows the spouse and unmarried children of an H-1B visa holder to enter the country. Members on the H-4 visa, on the other hand, are not permitted to work in the United States.

H-1B Stay Duration

You may be admitted as an H-1B non-immigrant worker for up to three years. Your time period may be extended, but it cannot generally exceed a total of six years, though there are some exceptions under sections 104(c) and 106(a) of the American Competitiveness in the Twenty-First Century Act (AC21).

If your employer terminates you before the end of your authorized stay, you will be responsible for the reasonable costs of your return transportation. If you voluntarily resign from your position, your employer is not responsible for the costs of your return transportation. If you believe your employer has not met this requirement, you must notify the Service Center that approved your petition in writing.

Why choose Tahmidur Rahman Remura Wahid Barristers as H-1B Visa Attorneys?

• Immigration law firm specializing in business and employment immigration.
• Excellent success rate in complex new H-1B and transfer/extension cases, including those filed by small employers (50 employees).
• H-1B immigration lawyers who are both efficient and accessible.
• H-1B filing fees are extremely competitive.
• H-1B Visa petitions are filed on time, and we promise to keep you updated on a regular basis.
• Certain qualified H-1B clients are eligible for free consultations with Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa lawyers. Contact us to learn how we can assist you in obtaining timely and efficient approval of your H-1B petition.

Please contact us to see if you are eligible for a free consultation with a Tahmidur Rahman Remura Wahid Immigration Lawyers H-1B visa attorney. We communicate in English, Bangla, and Hindi.

The H-1B visa is a nonimmigrant (temporary) visa designed for those with specialty occupations to work in the United States. If granted, you will be able to work for three years with the option of extending for three more years for a total of six years.

If you meet the H-1B requirements, your employer (not you) must file an I-129H1 petition with the USCIS on April 1st of the year in which you intend to begin working. Because of the large number of petitioners who apply each year, your petition will be entered into an annual lottery in which only 85,000 petitions will be chosen at random in two caps.

For those with advanced degrees, the first cap has 20,000 slots available. Any petitions for advanced degree holders who were not selected in this master’s cap will be resubmitted to the regular cap of 65,000, giving them a second chance. The only way to avoid this cap is to work for a higher education institute, a non-profit organization affiliated with a higher education institute, or a government research organization. Furthermore, if your petition has already been counted against the cap, all subsequent petitions will be considered cap-exempt.

If your petition is chosen, it will be processed. If it is approved, you will be able to begin working on October 1st of the year in question. This all contributes to the overall H-1B requirements because, even if you meet all of the requirements, your petition must still be selected in the lottery.

LCA

It’s also worth noting that each H-1B visa applicant must have their employer file a Labor Condition Application (LCA) on their behalf. This is similar to the PERM Labor Certification required for employment-based green cards, but it is less complicated.

To obtain an LCA, the employer must complete four attestations that serve as prerequisites:

That the prevailing wage for your position in your geographic area has been determined, and that your employer will pay you this wage as a minimum for your position.
That your employment will not be detrimental to the employer’s current employees.
There is currently no strike going on. Essentially, the employer must demonstrate that you will not be replacing strikers.
That all current employees of the employer have been informed of the intention to hire you.
So, what H-1B requirements do I need to meet?

Here is a summary of the H-1B requirements:

A bachelor’s degree is required as a minimum educational level.
You must have a valid job offer from a company in the United States.
That job must be for a specialized position that necessitates the application of your degree.
While these may appear straightforward, let us break them down to remove any ambiguity. Remember that the USCIS rarely gives refunds and that the regulations are usually very strict, especially with such a popular visa.

Requirements for Education

To begin, you must have a bachelor’s degree in a field relevant to your position. You may be able to meet this H-1B requirement without a bachelor’s degree if you have 12 or more years of experience in a related field. However, it is far from certain. Consult with your immigration attorney to see if your experience can be used in place of a degree.

Job Opportunity

Even though this H-1B requirement appears self-explanatory, issues arise when the employee-employer relationship is called into question. This can cause issues, particularly if the beneficiary is self-employed. While it is possible to start a business on an H-1B visa, there are specific steps that must be taken.

Aside from that, you must ensure that your employer has the authority to control your job duties, wages, and employment status. As a contractor or agent, you must explain in the petition how your employer-employee relationship satisfies the H-B requirement.

Occupation Specialization

For the position to qualify as a “Specialty Occupation,” it must meet at least one of the following requirements:

To be eligible for the position, you must have a bachelor’s degree or its foreign equivalent.
Because the position is so complex or specialized, it can only accept professionals with a bachelor’s degree or higher. A college diploma is usually required for a position in the industry.
In most cases, the employer requires candidates to have a college diploma or its foreign equivalent in order to work in the position.

Requirements for H-1B visas

Be aware that the number of H-1B visas available is limited. Find out more about the H-1B Visa Cap.

To be eligible for a “specialty occupation,” the applicant must fall into one of the following categories:

Hold a bachelor’s degree or higher from an accredited university in the United States that meets the requirements of the specialty occupation.
Obtain a foreign equivalent to a bachelor’s degree or higher in order to meet the requirements of the specialty occupation.
Hold an unrestricted state license, registration, or certification that allows the applicant to practice the specialty occupation without restrictions.
The applicant must have received the necessary training, education, or work experience to complete the degree. The applicant must have been recognized in the field of expertise. The applicant must have held positions that are essential to the specialty occupation.
An authorized ETA-9035 form, as well as an approved Labor Certification Application, I-129 form, and a Petition for a Non-immigrant Worker, are required for the applicant’s potential employer.
Requirements for H-1B to Green Card

Fortunately, the H-1B visa is a dual-purpose visa, which means you can apply for permanent resident (green card) status. If this is your goal, you must approach your current H-1B employer or another U.S. employer to have them sponsor you for your green card.

If you are applying for an EB-2 or EB-3 green card, your employer will need to obtain a PERM Labor Certification for you. This means that your petition’s sponsoring employer must advertise for it within the company, in the local newspaper, and in three other mediums specified in the PERM advertising requirements.

Once you have your PERM, your employer can file an I-140 petition with the USCIS on your behalf. You must meet the requirements for the green card you wish to obtain in order for this to be approved. Ideally, you would select the green card with criteria that are most similar to the H-1B requirements you have already met as an H-1B holder. Given this, the EB-3 visa may be your best option. However, your immigration lawyer can assist you in navigating this transition.

How Tahmidur Rahman Remura Wahid TRW Law Group Can Assist You

There is no way to improve your chances of winning the lottery other than having a master’s degree. However, you can significantly improve your petition’s chances of approval by the USCIS. Avoiding common pitfalls and unnecessary delays in your immigration case can save you both time and money.

Tahmidur Rahman Remura Wahid Immigration Lawyers Law Group has assisted countless individuals and businesses with the H-1B visa process. Their expert team of attorneys is ready to handle every aspect of your case, from ensuring that all H-1B requirements are met to addressing any obstacles such as Requests for Evidence.

Attorney Fees for H-1B Visas

We charge a flat $2,000 H-1B visa attorney fee, which includes shipping and incidentals but does not include RFE responses, if any are issued. You are also responsible for any USCIS filing fees associated with your case. If, after your initial consultation, you decide that an H-1B visa is not the best option for you, we can provide you with a variety of other immigration options.

EB1 Green card and extraordinary visas in USA from Bangladesh

by Tahmidur Remura Wahid | Nov 17, 2022 | 2023, Law

What exactly is an EB-1A Green Card?

Extraordinary Ability (EA) is a subset of the EB-1 Employment-Based Green Card (EB1 Green card) category. A “tiny number of those who have risen to the very top of their field of endeavor” are eligible for EA. To be eligible for the EB-1A category, an individual must be a leader in at least one of the following fields:

• Sciences
• Arts
• Educations
• Business
• Athletics

The candidate must aim to stay in the same field and indicate how their expertise would benefit the United States. If you are unsure if you qualify for the outstanding ability group, it is preferable to consult an immigration attorney.

EB1 Types:

Under the first preference EB category you can find three subcategories designed for different applicants:

The processing of EB1 green card applications is subjected to heavy scrutiny by USCIS.

EB-1A Prerequisites:

To be eligible for the EB-1A, an applicant must be:

• Capable of demonstrating exceptional talent in the sciences, arts, education, business, or athletics.
• Reputable in your field, with verifiable proof of the applicant’s accomplishments.
• Continue working in your recognized field.
• Acquire national or worldwide recognition.

The chart below shows the EB1 Green Card procedure qualifying criterion as well as the EB-1A criteria:

EB-1A requirements

Source: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigrant-first-preference-eb-1.

EB-1A Documentation and Requirements:

1. Demonstration of national or worldwide acclaim for EB1 Green card.

The EB-1A laureate has documented national or worldwide acclaim. The Noble Peace Prize or an Academy Award are two examples of international recognition for exceptional abilities. If the applicant does not have an internationally recognized award, they must show proof of at least three of the following:

• The applicant has obtained a national or worldwide recognition award or prize of significantly smaller value.
• Participated in important associations and organizations. They must be recognized as experts in their respective disciplines.
• Others’ work was evaluated.
• Original, very significant creative, scientific, or scholarly works in the field.
• Achievements were highlighted in major trade and media announcements.
• Works on display at an art show or exhibition.
• The performing arts have achieved media success. Box office receipts or entertainment sales can be used to evaluate a film.
• Earn a competitive paycheck.

As you can see, many of the EB-1a requirements are quite similar to the O-1 visa requirements. As a result, many foreign nationals who qualify for the O-1 also qualify for the EB-1A.

2. I-140 Petition Form (USCIS)

The majority of other green card categories require you to have a work offer from a U.S. firm. Furthermore, that firm must go through a lengthy recruitment process in order to receive a PERM Labor Certification, which will dramatically lengthen your green card processing period.

One of the primary advantages of the EB-1A is that it does not necessitate a PERM Labor Certification or a work offer from a U.S. firm. Instead, the applicant might use the USCIS I-140 form to file a “self-petition.” This is one of the quickest ways to obtain a green card.

3. Application for USCIS I-485

Once your I-140 is accepted and your priority date is current, you must file an I-485 Application to Register Permanent Resident or Adjust Status in order to alter your status to EB-1A. If the USCIS approves your application, you will be a legal permanent resident of the United States.

Timeline for the EB-1A Green Card Application

The faster processing time is another essential feature of the EB-1A. Other green card categories not only necessitate the PERM process, but they also have backlogs that can significantly lengthen the wait period.

That date becomes your priority date when you file your I-140 petition. Each month, the Department of State issues a visa bulletin outlining the “final action dates” for that month. If your priority date meets or exceeds your country’s final action date, a visa number will become available, and you can file your I-485 application.

While some other green card categories require applicants to wait several years, EB-1 priority dates are frequently current.

Dates, however, can be reversed. To be sure, consult the most recent bulletin.

Your I-140 processing time is mainly dependent on the workload of the service center that processes your petition. However, on average, it takes about six months. However, if this is too long for you, you can choose premium processing.

For an additional charge, the USCIS will shorten the processing period of your petition to 15 calendar days. If the USCIS fails to reach this deadline, your premium processing money will be refunded.

EB-1A Green Card Application Process

In order to self-petition for EB-1A green card, you must first file the USCIS Form I-140, Petition for Alien Worker.

If Applicant is in the U.S.

If priority date is current for EB-1A category for applicants from your country of birth, you and your dependents can file Form I-485, Application to Register Permanent Residence or Adjust Status.

You can check if the priority date is current here.

Scroll down to “Final Action Dates for Employment-Based Adjustment of Status Applications” table and find your country of birth.

EB-1A category is called “Employment-Based 1st”.

If priority date is current, you and your dependents can file Form I-485:

• Together with your Form I-140 (“concurrent filing”)
• After your Form I-140 is registered but before it’s approved
• After Form I-140 is approved.

Filing Form I-485 concurrently allows you to apply for Employment Authorization Document and travel document too.

You can check the average processing time of Form I-140 and Form I-485 on the USCIS website.

Keep in mind that the processing times are approximate.

Each case has a unique processing time that depends on many factors.

What if I’m not in the United States?

If you are currently outside the U.S. then, you will need to get Form I-140 approved first.

Once Form I-140 is approved, you and your dependents can apply for immigrant visas at a U.S. Embassy/Consulate in your country of residence.

This process is also called “consular processing”.

After Form I-140 is approved you will receive an email and a notice from the National Visa Center (NVC).

 In that NVC notice you will find the link and instructions to accessing your DS 260 online immigrant visa application.

Changing your status is only available to those who are already in the United States on a different visa (such as the O-1). If this is not the case and you are currently outside the United States, you will need to go through consular procedures.

This means you’ll need to make an appointment with the US consulate or embassy in your native country to meet with a consular officer one-on-one. You must also complete the online DS-260 immigrant visa application and bring the confirmation document to your meeting.

The timeline for consular processing is determined on the consulate or embassy you visit. Some applicants have to wait several months, while others only have to wait a few weeks. When you attend for your interview, you will be asked questions about your experience, education, career, and job in the United States in order to determine whether your application is valid and you are qualified.

Keep in mind that each EB-1A case is unique and may require a varied processing time. Consult with your EB-1A attorney to discover how long you will have to wait for your green card.

You will need to pay the government fees in order to continue filling out Form DS-260.

Save the DS-260 confirmation page. You will need it for your interview at a U.S. Embassy.

EB-1A Fees

The following are the fees associated with petitioning and applying for a green card:

Within the United States (Change of status)

• The baseline I-140 filing fee is $460.
• I-485 fee: $750-1,140. This cost varies according to your age. Check out this chart to see where you stand.
• Fee for biometrics (if applicable): $85
• Optional premium processing fee: $1,440
• Outside of the United States (Consular Processing)
• The baseline I-140 filing fee is $460.
• DS-260 fee: $230
• Fee for Affidavit of Support: $88
• Fee for biometrics (if applicable): $85
• Premium processing cost (optional): $1,440 EB-1A Green Card Advantages of Extraordinary Ability

Among the benefits of the EB-1A Extraordinary Ability category are:

There is no requirement for a permanent employment offer or labor certification in the United States.
Because you can file a petition and an application for permanent residency at the same time, the LCA process is typically faster (also known as concurrent filing).
There is more freedom than with the labor certification process, and you can change occupations more quickly.
Self-petitioning is permitted, which implies that you do not need the signature of someone from the institution or firm for which you work.
There are several drawbacks to be aware of. To begin, you must display exceptional talent; merely average or decent will not suffice. It can be less predictable than the labor certification process at times. However, this varies greatly from instance to situation.

Because the USCIS defines extraordinary ability on a case-by-case basis, it is critical that you deal with an EB-1A lawyer to ensure that your case is strong.

Example of an EB1 Green Card Case with Extraordinary Ability

One approved case under the Green Card Extraordinary Ability category is shown below:

Dr. James received his Ph.D. in Russia. His work generally deals with mechanical engineering in a way that can benefit the US economy. He has a diverse set of accomplishments in the sector and has gained national attention for his efforts.

Dr. James is also a prolific contributor to scholarly journals, having authored numerous that are still in print. He qualifies for Extraordinary Ability since he is a world-renowned expert in his specialty. Dr. James does not need the sponsorship of his employer if he can continue his employment in the country.

Frequently Asked EB-1A Green Card Questions

What exactly is an EB-1A?

The EB-1A classification is a subset of the employment-based immigration first preference category reserved for those with exceptional aptitude in the sciences, arts, education, business, or athletics. A green card will be issued if an application meets all of the criteria and is approved.

In EB-1A, how do you demonstrate outstanding ability?

You can demonstrate outstanding ability by meeting at least three of the ten criteria listed in the EB-1A Documentation section above. Proof of a one-time achievement (e.g., Pulitzer, Oscar, Olympic Medal) and evidence establishing that the sort of work will continue in the United States is adequate for other types of visas (e.g., O-1B petitions) needing demonstration of extraordinary performance.

What is the distinction between EB-1A and EB-1B visas?

The primary difference is that the EB-1B standards are only applicable to scientific and academic subjects. The EB-1A category, on the other hand, applies to the sciences, arts, education, business, or athletics.

Difference Between EB-1A and EB-1B

See File My Application Online for more information on filing fees.

How long does an EB-1A application take?

While backlogs may cause additional EB-1A processing time, an EB-1 petition has traditionally taken roughly eight months to process. However, after an I-140 is approved, the USCIS will provide a permanent residence card within six months.

How much time does it take to obtain an EB-2 visa?

The EB-2 visa processing time is normally longer than the EB-1A green card processing period, and it is influenced by your place of origin as well as the service center that processes your I-140. The EB-2 process takes around 18 months. If you want a PERM Labor Certification, the time frame might range from eight months to two years, depending on whether your firm is audited following the recruitment process.

The Advantages of an EB-1A Green Card:

The EB-1A visa is regarded as a particularly desirable green card because: EB-1 visa priority dates are “current,” implying that the wait time is much shorter than for other green cards.
Going through the PERM process is also unnecessary (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).

The green card holder’s spouse and any minor children may also be eligible for admission to the United States under E-14 or E-15 immigrant status.
For these reasons, EB-1A visa applications are scrutinized closely, and they are among the most difficult to obtain.
The Complete Manual: How to Master the EB-1 Green Card Application Process.

USCIS Eligibility for an EB-1A Visa:
The evidence must meet at least three of the ten criteria established by USCIS or provide proof of a truly exceptional single achievement.

Through sustained national or international acclaim, you can demonstrate extraordinary ability in your field (sciences, arts, education, business, or athletics).

• Membership in one or more associations in the field that require exceptional achievement as a prerequisite for membership.
• Proof of publication of information about the beneficiary in professional or major trade publications, as well as other major media.
• Evidence of being asked to judge the work of others, either as an individual or as a member of an expert panel.
• Evidence of significant original scientific, scholarly, or business-related contributions to the field.
• Evidence of authorship of scholarly books or articles (in international scholarly journals) in the field.
• Evidence of success in a leadership or critical role in a reputable organization.
• Also, evidence of commanding a high salary (or other significantly higher remuneration) in comparison to others in the field.
• Published material about the beneficiary’s academic work in professional publications written by others.
• Contributions to original scientific or scholarly research in the field.

We typically advise obtaining references from ten or more independent experts who can validate the evidence, demonstrating that any publications or citations are relevant and meet the minimum requirements. OnlineVisas has extensive experience locating credible and reliable expert references for EB-1b petitions.

EB-1A Costs

If Applicant is in the U.S.:

• Form I-140 filing fee: $700
• Premium processing fee (optional): $2,500
• Form I-485 filing fee: Varies for different age groups. For ages between 14-78, the filing fee is $1,225 per applicant. You can check the current fees here (scroll down to “Filing Fee”).
• Medical Examination Fee

If Applicant is Abroad:

• Form I-140 filing fee: $700
• Premium processing fee (optional): $2,500
• DS 260 visa application fee: $325
• Affidavit of support fee: $120
• Immigrant visa fee: $220
• Medical examination fee: varies.

EB-1A Checklist of Supporting Documents

EB-1A for Dependents

Spouses and unmarried children under 21 of EB-1A applicants are eligible for permanent residency if the principal applicant’s petition is approved.

If dependents are physically present with the principal applicant in the U.S., they can submit Form I-485.

For dependents abroad, the immigration application process will start after Form I-140 is approved.

Spouses and unmarried children under 21 will be eligible for application of admission into the U.S. under E-14 or E-15 immigrant status, respectively.

See File My Application Online for more information on filing fees.

EB-1A Green Card Process and Documentation

According to USCIS, as the named Form I-140 beneficiary, you should submit the following documentation and evidence to apply as for an employment-based green card as an immigrant currently in the U.S.:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Form I-797, Approval or Receipt Notice, for Form I-140, filed on your behalf (unless you are filing your Form I-485 together with the Form I-140);
• Form I-485 Supplement J (unless filing Form I-485 with Form I-140 or adjusting status based on a National Interest Waiver or as an alien of extraordinary ability), to confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved;
• Signed statement of intention to work in the occupational field specified in Form I-140 if you are a self-petitioner;
• Two passport-style photographs;
• Government-issued identity document with photograph;
• Birth certificate;
• Passport page with nonimmigrant visa;
• Passport page with admission/parole stamp;
• Form I-94, Arrival/Departure Record, or U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document.

Note: You can print the paper version of Form I-94 from the CBP website if CBP provides you with an electronic version.

• Since arriving in the U.S., show proof of continuously maintaining lawful status (or an exemption under INA 245(k)).
• Form I-864, Affidavit of Support Under Section 213A of the INA (if your U.S. citizen or lawful permanent resident relative filed Form I-140. Or by a relative who is a U.S. citizen who holds 5% or more of ownership interest in a for-profit entity.) For more information, see Instructions for Form I-864.

Note: A “relative” is a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, son, daughter, brother, or sister;

• Form I-693, Report of Medical Examination and Vaccination Record (may be submitted with Form I-485 or by mail upon request or at your in-person interview);
• Certified police/court records that include a complete criminal background report;
• Form I-601, Application for Waiver of Grounds of Inadmissibility;
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal; 
• J-1 or J-2 nonimmigrant status documents (proof of compliance or a 2-year foreign residence waiver under INA 212(e). See Form I-612, Application for Waiver of the Foreign Residence Requirement); 
• Form I-508, Request for Waiver of Rights, Privileges, Exemptions, and Immunities (if for A, G, or E nonimmigrant status.) 
• Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (only for A, G, or NATO nonimmigrant status); and
• Form I-485 Supplement A “Adjustment of Status Under Section 245(i).” 

Note: Each form requires you to submit the correct filing fee unless you are exempt or eligible for a fee waiver. Consult USCIS’ Filing Fees and Fee Schedule for more information.

See the Instructions for Form I-485 for more information on applying for adjustment of status.

How We Can Assist You – EB1 Green Card Process

Tahmidur Rahman Remura Immigration Lawyers Law Group’s EB-1A Extraordinary Ability attorneys have extensive experience determining if you qualify for one of the Extraordinary Ability categories. Furthermore, if you are doubtful whether your evidence of achievement fits EB-1 requirements, they can advise you.

Don’t meet the aforementioned requirements? Then, return to the main EB-1 Category for other green card choices.

Liquor Bar License and Alcohol law in Bangladesh

by Tahmidur Remura Wahid | Nov 7, 2022 | 2023, Law

In terms of Liquor Bar License and Alcohol law in Bangladesh, recently the government took steps to legalise alcohol. A drinking permit may be requested by anyone over the age of 21. The government has issued new regulations to regulate the sale and consumption of alcohol throughout the nation.

Hotels, restaurants, and other establishments that serve food and also display and sell alcohol will be permitted to apply for liquor sale licenses under the new regulations. The licenses are also available to clubs and organizations that have a certain number of members with drinking permits.

The drinking permit application process is open to anyone over the age of 21. Muslims over the age of 21 must obtain a prescription from at least an associate professor-level physician.
To purchase alcohol, members of ethnic groups, such as those in the Chittagong Hill Tracts and other areas, will also require drinking permits.

Drug Control Act and Alcohol law in Bangladesh:

Under the ‘Drug Control Act, 2018’, the Security Services Department of the Ministry of Home Affairs issued the Alcohol Control Rules, 2023 .

Clubs and organisations with at least 100 members who have a drink permit are also eligible to apply for liquor licenses. Those with more than 200 members who have a drinking permit may apply for a license to open a bar.

EPZs, theme parks, and government development projects where foreign nationals work can also have bars.

Depending on the establishment, the number of bars that can be set up in a specific area will be limited. Two-star hotels, for example, can obtain a license for one bar, three-star hotels for two, four-star hotels for three, and five-star hotels for more than seven.

Conditions have been established for the establishment of bars in hotels, restaurants, and clubs with at least 200 permit holders, as well as in export processing zones, theme parks, and government development projects inhabited by foreign nationals.

On shop Alcohol:

On shop means imported or foreign or non-alcoholic
Such premises for sale of liquor, from which any foreign national or
Permit holders are nationals, foreign nationals, foreign nationals or alcoholics
can do;

Off shop Alcohol:

Off Shop means a place from which a foreigner
Citizens or nationals holding permits, as the case may be, the amount specified in the permit,
Can be purchased in bottles or cans. Liquor licenses, permits, passes, etc. (1) Licensing in prescribed cases
shall, namely:__

(a) import and export of alcohol;
(b) manufacture and processing of alcohol;
(c) supply, marketing and sale of alcohol; And
(d) Storage, warehousing or holding of alcohol

(2) Permits shall be obtained in the following cases, namely:

(a) drink alcoholic beverages; And
(b) Use and application of alcohol.

(3) Passes shall be accepted in the following cases, namely:

(a) carrying alcohol; And
(b) Transportation of alcohol.

Application for license or permit:

Purpose of Section 10 of the Act : Schedule-II for license or permit relating to use and application of alcohol for fulfillment purposes in the respective form

(a) the Director General in the case of bar on shop or off shop; And
(b) In other cases the concerned Deputy Director___
Always apply.

(2) On receipt of an application under sub-rule (1)__

(a) in respect of clause (a) the Director-General shall appoint an Inquiry Officer;
And (b) In case of clause k), the Deputy Director shall conduct the inquiry himself or an investigator
Officers will be appointed.

(3) The information and related documents mentioned in the inquiry officer application mentioned in sub-rule (2).
Within 30 (thirty) working days of the examination, the report in this regard to the Deputy Director is departmental
Departmental to the Officer and in the case of any other Investigating Officer through the Deputy Director
Submit to the officer.

Reports submitted by the Divisional Officer, Investigating Officer and related Within 15 (fifteen) days of receiving the report with specific opinion after examining the documents Send to the Director General. The Director General is responsible considering the opinion of the departmental officer and the overall matter. If the application is deemed approved by the concerned Deputy Director for grant of license or permit
Provide instructions:

Provided that, in the case of licenses of bars or off shops, the Director General, if necessary, of the Govt , you can accept no objection.

Notwithstanding anything contained in other sub-rules of this rule, in respect of denatured spirits Examination of the report and related documents submitted by the Deputy Director concerned investigating officer. If deemed reasonable, approve the application and the relevant license or permit Inform the applicant to deposit the fee and within 7 days of the deposit of the said fee and issue the license or permit in the relevant form of schedule-3 within the day.

The grant of license or permit :

If the fee is not paid or the license is accepted within 15 (fifteen) days of notification. The Director General may take necessary decision after considering the reasons thereof.

Application for liquor permit:

Application for permit should be made to the Deputy Director in the relevant form in Schedule-II:

Provided, however, that in the case of tea workers, proof of working in the respective plantations of the application
should be attached.

On receipt of an application under sub-rule (1), the Deputy Director shall be concerned with the particulars of the application and shall make an entry in the register and appoint such person as the Investigating Officer. The information and related documents mentioned in the inquiry officer application mentioned in sub-rule (2). And then we have to submit the relevant report to the Deputy Director within 7 (seven) working days of the examination.

Examination of the report and related documents submitted by the Deputy Director Investigating Officer:

If deemed reasonable, the application shall be approved and permitted to the investigating officer concerned. The investigating officer on receipt of directions under sub-rule (8) concerned permit fee The applicant shall be notified of the deposit and 7 (seven) days of the deposit of said fee In the corresponding form of schedule-3 will issue the permit and one copy of the applicant.

Carrying or conveying alcohol by a licensee or permit holder to any other person to be duly authorized to carry or transport alcohol with a certificate of good standing will be On receipt of an application under this rule, the Deputy Director in Form-15 of Schedule-4.

After receiving the supply of alcohol from a licensed warehouse or a wholesale shop, if he cannot carry it himself, he can carry it or transport it through a person appointed by him.

Alcohol may be carried or transported by any one or more routes of rail, road, sea and air, but the route of carriage or transport must be recorded on the pass and alcohol shall not be carried or transported by any other route than the one mentioned in the pass.

In case any alcohol is to be transported through post office or any transport agency, a certified photocopy of the pass shall be affixed securely to the container, container, box, parcel or wrapper of the said alcohol, so that it is not detached in any way and is easily visible.

Alcohol produced in tea plantation areas or hill tribal areas shall not under any circumstances be sold, consumed or carried or transported for any other purpose in any other part of the country.

Provisions to follow in respect of licences. Every licensee shall follow the law, these rules and the notifications, orders issued by the Government or the directions given by the Department from time to time.

Before issuing a license for any commercial activity of alcohol under these rules, the licensing authority shall determine the local demand of the concerned alcohol and may consult with the relevant expert if necessary.

The Director General may, from time to time, collect and test any alcohol produced or processed under the license from the licensee and may cancel the license of the producer or processor if it does not meet the standards specified in the license.

If another 100 are permit holders in any area Alcohol sales license will be issued! Any brand of alcohol approved by the Director General under licenses other than clubs or bars shall be sold sealed and intact.

On every bottle, wrapper or container of alcohol, the words “Drinking is injurious to health” and “Drinking without the provisions of law is a punishable offence” has to be clearly printed in red ink on the packaging.

Restaurants, hotels, clubs, and bars will be able to purchase 40% of their required alcohol from Bangladesh Parjatan Corporation by paying regular duty-taxes or importing it. Hence Clubs with more than 200 permit holders are permitted to import a maximum of 40 percent of foreign liquor, while the remaining 60 percent must be sourced locally.

Regulations regarding the consumption of Alcohol:

Accounts of all alcohol activities covered by the license must be kept. And the said account has to be submitted to the Licensing Authority every month. The Director General may, for reasonable cause, by general order, grant any licence can give instructions to stop the operation of the license. Recreational cultural activities shall not be conducted in shops, bars or places authorized for the consumption of alcohol without the permission of the licensing authority.

In any government body, autonomous body, corporation or economic zone:

After receiving the license to sell alcohol, if any activity under the license is to be conducted by any other person, the prior permission of the Directorate should be taken and then the no-objection of the Directorate should be taken before executing the agreement to assign the responsibility to the concerned person.

General terms and conditions of license of bar, off shop, etc. (1) mentioned in Schedule-5 Bar at times, retail or wholesale off-shops of Belatims, on-shops of Belatims and Desims Shops will be kept open. Friday, Muharram, Shab-e-Barat, Eid-e-Miladunnabi, Shab-e-Qadr, Eid-ul-Fitr and Eid-ul-Azha and from time to time, on designated days bar, off-shop, on-shop and Desims will have to close their shops cannot adulterate with licensed alcohol or alter its strength.

Unusable alcohol shall not be stored in bars, off-shops, on-shops and deshim shops. Bar, Off Shop, On Shop and Deshim’s Licensee shall store and operate the premises under his license and all equipment, equipment, materials, utensils, receptacles, etc. in a proper, clean, standard and hygienic manner with appropriate security.

As per Form-1 of Schedule-4 the Licensee has to provide Ajikarnama. The licensee shall be present at the place or shop concerned during the operation of bar, on-shop, off-shop and deshim shops: Provided that if he is unable to be physically present for any reasonable reason, with the approval of the Deputy Director for absence not exceeding 30 (thirty) days and 30 ( For absence for more than thirty days, with the approval of the Director General, he may appoint a representative to manage the concerned Bar, On Shop, Off Shop or Desim’s Shop!

Permittees and licensees will be prohibited from displaying alcohol products for commercial or other purposes to attract customers. In Drug Control Act, the regulations also dictate the opening and closing hours of bars and liquor stores. Import, use, and consumption of alcohol or these products are governed by distinct regulations for importers of homeopathic medicines, tea garden workers, and indigenous people in the Hill Tracts region. For the sale of imported liquor, brand registration is required. To supply liquor, alcohol can be imported from any country with trade relations with Bangladesh.

Those with permits can transport alcohol by rail, road, sea, and air, but they must also have a carrying pass.

Beer cannot be produced unless the government’s procedure is followed. Alcohol used in industrial, laboratory, and allopathic medicine production, as well as ethyl alcohol, absolute alcohol, rectified spirits, strong alcohol, and industrial methylated spirits, which are not produced in Bangladesh, can be imported. However, no alcohol can be imported without the permission of the Bangladesh Tourism Corporation or the government.

Narcotics Control (License and Permit Fees) Rules:

Previously, alcohol-related issues were governed by the Drug Control Act of 2018, the Narcotics Control (License and Permit Fees) Rules of 2014, the Muslim Prohibition Rule of 1950, the Excise Manual (Volume-II), and various executive orders. There was frequently ambiguity. Additionally, different complications were created at various times.

According to the policy, licenses, permits, and passes are required for the sale, purchase, and transport of alcoholic beverages. With at least 100 local or foreign liquor permit holders, the authorities would be able to issue a license to sell alcohol in a given area.

On Fridays, Muharram, Shab-e-Baraat, Eid-e-Miladunnabi, Shab-e-Kadar, Eid-ul-Fitr, Eid-ul-Adha, and other government-declared holidays, bars and local liquor stores must remain closed. The rule prohibits the consumption of alcoholic beverages by those under 21 years old.

The brewing of alcohol at home is prohibited under the new regulations. Alcohol adulteration is also prohibited. Under the 2018 Narcotics Control Act, the Security Services Division of the Ministry of Home Affairs issued the Alcohol Control Rules 2023 .

Narcotics Control (Liquor License and Permit Fees) Rules:

The revised Narcotics Control Act of 2018 allows hotels, restaurants, and other food establishments to legally sell alcoholic beverages with the proper permits. Clubs with 100 or more permit holders can apply for liquor licenses, and clubs with 200 or more permit holders can apply to become open bars.

The sale of alcoholic beverages is prohibited on Fridays, Islamic holidays, and other official holidays. On normal days, these stores are required to close at 10:30 p.m. unless they have a special license allowing them to remain open until 1:30 a.m.

With the approval of the Director General, licensed vendors may sell any brand of alcohol, not just in bars and clubs. However, the bottles must bear health warnings.

Those under the legal drinking age of 21 may apply for permits to drink by following the appropriate application procedures.

The Narcotics Control Act of 1990 has been repealed and replaced by the Narcotics Control Act of 2018. The new law imposes the death penalty and long-term life imprisonment as punishments for any offender, depending on the nature of the offense. Given the fact that a large number of people, particularly young people, have been using drugs, this initiative by the government was absolutely necessary.

Aside from alcohol or Liquor License, Section 9 of the Act prohibits the cultivation, production, manufacturing, carrying, transporting, exporting, importing, delivering, purchasing, selling, bearing, preserving, displaying, and storage of all other drugs and plants, as well as the ingredients for their production. However, if such a prohibited drug is required for the production of a medicine or scientific research, the government may issue a license for the production, import, export, preservation, sale, and purchase of such drugs.

Establish a distillery in Bangladesh:

According to the law, alcohol refers to any spirit, wine, beer, or liquid containing more than 0.5% alcohol. In addition, Section10 of the Act states that no one may establish a distillery, produce, distribute, sell, consume, import, export, or preserve alcohol without a license or permit from the government. Even for the production of medications that require alcohol, a license is required from the government.

Therefore, any Bangladeshi who wishes to consume alcohol must obtain a permit from the government; in the case of Muslims, such a permit may only be issued for medical reasons. For such a medical treatment permit, one must provide a prescription written by a civil surgeon or associate professor of a medical college. The prescription must include the disease’s name and an explanation of why alcohol is necessary for the treatment.

In addition, for distillery in Bangladesh, such alcohol consumption restrictions do not apply to foreigners who are permitted to drink in licensed bars. Diplomatic passport holders have a variety of options for purchasing, transporting, and selling alcohol. In addition, the Act specifies that natives of Rangamati, Bandarban, and Khagrachari are permitted to consume any alcohol traditionally produced in these districts. In addition, those working as a dome, cobbler, sweeper, or tea-garden laborer are permitted to consume “Taree” and “Pochui,” which are primarily fermented liquor and spirit.

Punishment and license Revoking for Alcohol and Liquor License:

In accordance with Section 13 of the Act, in order to obtain a license, one must fill out a form, accept the conditions for obtaining the license, and pay a certain fee. The license can then be obtained from the Director General of the Department of Narcotics Control of Bangladesh, pending their approval. This permit must be renewed every three years.

And if someone has a case filed against them for an offense they committed due to moral degeneration and they were sentenced to more than three months in jail or a fine of more than 500 baht, they will be unable to obtain such a license. Furthermore, if a license condition is violated twice, the license will be revoked.

In accordance with Section 36 of the Act, anyone who establishes a distillery and produces alcohol without a license is subject to up to ten years in prison and a fine. Further, for selling, buying, importing, preserving, manufacturing, and distributing alcohol without a license, a person will be imprisoned for six months to three years, if the amount of alcohol is up to ten liters, and for three to five years, if the amount of alcohol exceeds one hundred liters, and for five to ten years, if the amount of alcohol exceeds one hundred liters.

Previous Ban on Liquor License in Bangladesh and dependancy on drugs:

When the news about the legalization of alcohol was posted on news websites with clickbait headlines on social media, as usual, followers divided into two camps and flooded the comment sections with strong opinions. Phensedyl and other cough syrups are illegally brought into the Bangladesh with forged documents hiding those under other commodities like in trucks and buses. Once inside, they find their way to Bangladesh, with which Tripura shares two thirds of its border. The drug is generally sent in its original packaging.

Since liquor or alcohol had been banned in Bangladesh, the drug became a popular alternative for alcohol. Phensedyl used to contain codeine phosphate along with hydrochloride ephedrine and Promethizine, a unique combination for addiction. This is what made it a popular drug of abuse and unfortunately the trend still continues even after the chemical formulation was changed.

History of Bar License in bangladesh:

In 1887, the Englishman Robert Russell Carew established the first distillery in what is now Bangladesh. The Bangladeshi government nationalized the Carew & Co (Bangladesh) Ltd company in 1973. The distillery is part of the Darsana Sugar Mill, which is owned by Bangladesh Sugar and Food Industries Corporation, a state-owned enterprise. Due to the distillery, it is the only sugar out of 15 state-owned mills to generate a profit. The distillery produces whisky, rum, brandy, and gin.

In areas where this section is in effect, the government may regulate the production and disposal of power alcohol by distilleries.

No person may produce power alcohol from any substance other than molasses or any other substance designated by the government by notification in the official Gazette.

Any beverage containing more than 0.5% alcohol is considered an alcoholic beverage under Bangladeshi law. A government license is required for the sale, storage, and transportation of alcoholic beverages. Alcohol consumption in Bangladesh requires a legal permit, which is almost always granted to non-Muslims. A medical prescription is required for Muslims to obtain an alcohol permit. The prescription must be written by a medical college associate professor or a civil surgeon. Foreigners do not require a permit to drink in licensed establishments.

Granting a license and the finality of it:

If a dispute arises as to whether a substance is or is not molasses or another substance specified in subsection (1), the decision of an officer authorized by the government in this regard is final and cannot be challenged in court.

In 2003, the Bangladeshi government authorized Jamuna Distillery Limited of Jamuna Group to produce alcoholic beverages. Jamuna Distillery Limited was the first private company to be granted a license to produce alcohol, breaking the monopoly of Carew & Co (Bangladesh) Ltd. Alcohol is sold in five-star hotels and bars licensed by the government. In 2009, Jamuna introduced Hunter beer to Bangladesh.

In terms of recent rules on the Act, many people viewed the new rules as a religious disgrace, while others celebrated the decision and wished that other drugs would also be legalized. As a result of the comment wars, some individuals opined that, now that alcohol consumption has been “legalized,” there will be an increase in drunk-driving accidents in the country. The proponents of the new regulation argue that those who want to consume alcohol will consume it regardless of the law, and that driving under the influence is nothing new in the United States.

Apparently, the new law that has caused chaos in the country is in no way comparable to alcohol laws in Western nations. The new provisions impose minimal restrictions on the ability of wholesalers and retailers to sell alcohol to the general public.

Recent updates regards to Minimum age:

Among other modifications, the legal minimum age for obtaining an alcohol permit has been raised to 21. Additionally, fees for obtaining and renewing alcohol licenses and permits have been increased. Purchase, storage, production, processing, marketing, transportation, and import-export of alcoholic beverages also require licenses and permits.

Even before the recent additions, the Narcotics Control Act of 2018 mandated that Muslims in Bangladesh, whose religion prohibits drinking, could only obtain alcohol permits for medical purposes. The individual must submit a prescription from a civil surgeon or a doctor with a minimum acceptable rank of Associate Professor in order to apply for the permit. The prescription must describe the patient’s condition and justify the need for alcohol treatment.

Since there has been no change to this law for Muslims in regards to Liquor License in Bangladesh, the new regulations pose no threat to the religious beliefs of the citizens.

Also, under the previous version of the Act, foreigners and holders of diplomatic and foreign passports were permitted to collect and consume alcohol in Bangladesh without a permit. Rangamati, Bandarban, and Khagrachhari locals were also permitted to consume alcoholic beverages indigenous to their regions without a permit. Small tribal groups and daily laborers, such as cobblers, sweepers, and tea-garden workers, were also prohibited from consuming Taree and Pochui – beverages made from fermented liquor and spirit – without a permit.

Providing alcohol at tourist destinations was essentially an effort to increase tourism sector revenue. Many would agree that a consequence of the illegality of alcohol is that people who want to drink must resort to black markets. These unregulated markets frequently sell tainted or substandard alcohol, which can cause alcohol poisoning and death. A legal and regulated market, on the other hand, is expected to reduce the likelihood of such fatalities.

DGDA in Bangladesh:

The Drug Regulatory Authority of Bangladesh is the Directorate General of Drug Administration (DGDA) under the Ministry of Health & Family Welfare of the People’s Republic of Bangladesh.

This DGDA regulates the import, procurement of raw and packaging materials, production and import of finished drugs, export, sales, pricing, etc. of all types of drugs and medicines, including those from the Ayurvedic, Unani, Herbal, and Homoeopathic systems. Currently, the DGDA oversees 47 district offices across the nation. In accordance with the Drug Laws, all officers of the DGDA serve as “Drug Inspectors” and aid the Licensing Authority in carrying out his responsibilities effectively.

In addition for Liquor License in Bangladesh, a number of Committees, including the Drug Control Committee (DCC), the Standing Committee for imports of raw materials and finished drugs, the Pricing Committee, and a number of other relevant Committees comprised of experts from various fields, exist to advise and recommend the Licensing Authority on matters pertaining to drugs and medicines.

প্রয়োজনীয় কাগজ পত্র লাইসেন্স পাওয়ার জন্য:

১. ট্রেড লাইসেন্স এর ফটোকপি (ট্রেড লাইসেন্সে ফার্মেসির নাম উল্লেখ থাকতে হবে)।

২. ভোটার আইডি কার্ড এর ফটোকপি (মালিক ও ফার্মাসিস্ট উভয়ের)৩. দোকান ভাড়া নেওয়ার চুক্তিনামা (On 300 taka stamp)

৪. এ গ্র্রেড/ বি গ্রেড/ সি-গ্রেড ফার্মাসিস্ট এর রেজিস্ট্রেশন (original certificate)

৫. ২ কপি ছবি (মালিক ও ফার্মাসিস্ট উভয়ের)

৬. দোকান এর সাইজ কমপক্ষে ১২০ স্কয়ার ফিট (মেডিসিন শপ) অথবা ৩০০ স্কয়ার ফিট (মডেল ফার্মাসি)

৭. ব্যাঙ্ক সলভেন্সি সার্টিফিকেট (মালিকের)

As part of its comprehensive support for the liquor industry and DGDA, the Tahmidur Rahman Remura Wahid TRW provides, among other legal services:

Comprehensive audit of the company to identify existing and potential legal risks (legal due diligence), development of risk-mitigation recommendations based on audit results. The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to

• Development and preparation of the necessary set of contracts for a  development and promotion of the necessary set of internal policies and standard procedures, including anti-corruption and compliance procedures to identify and prevent corruption risks, as well as compliance with regulation and conflict of interest when conducting Liquor Bar License and Alcohol law in Bangladesh.
• Comprehensive support of issues relating to the Liquor Bar License and Alcohol law industry’s use of intellectual property and protection of intellectual property rights; comprehensive support of issues relating to antitrust regulation, including representing the interests of pharmaceutical companies in conducting investigations and reviewing cases of antitrust law violations
• Legal support and representation for disputes involving the Liquor industry in Bangladesh
  
  
  

Are you intending to get a Liquor Bar License In Bangladesh?

Get your Liquor Bar License in Bangladesh or Bar License in bangladesh with the help of  Tahmidur Rahman Remura: TRW: The Law Firm in Bangladesh:

The legal team of Tahmidur Rahman, The Law Firm in Bangladesh: TRW, The Law Firm in Bangladesh are highly experienced in providing all kinds of services related to acquiring a Liquor Bar License in Bangladesh. For queries or legal assistance in regards to Bar License in bangladesh, please reach us at:

E-mail: info@trfirm.com
Phone: +8801847220062 or +8801779127165 or +01708080817 or +0

Address: House 410, Road 29, Mohakhali DOHS

Artificial Intelligence law in Bangladesh

by Tahmidur Remura Wahid | Nov 7, 2022 | 2023, Law

Artificial Intelligence law in Bangladesh:

Recent developments have fueled speculation that some artificial intelligence (AI) systems have attained’sentience.’ Sentient AI systems, to paraphrase philosopher Nick Bostrom, are those that can experience ‘qualia,’ which includes feelings, sensations, and thoughts. This claim is being challenged, but the news has left a trail of excitement in its wake.

Artificial intelligence (AI) generated content has posed significant challenges to the current Intellectual Property (IP) regime. It is still unclear how far the current IP system, which is predominately based on consequentialist and/or utilitarian approaches, is prepared to accommodate AI generated contents. Furthermore, when it comes to developing countries like Bangladesh with its still premature Judicial system and Artificial Intelligence law, there are numerous ethical and legal issues concerning AI, such as the lack of a regulatory regime, data misuse, bias, and discrimination.

Contents patentable, copyrightable, or designable:

Perhaps the most striking issue at hand is that, because AI creates or invents content based on provided data, IP protection would transform the proprietary right on data, potentially violating data protection laws. Again, one cannot deny the implications of AIs in their current state. As a result, there have been heated legal and policy debates on a number of unresolved issues: To what extent and magnitude might AI-generated contents be patentable, copyrightable, or designable, and if so, who would be the inventor, author, or designer, respectively?

What are the implications of AI-generated content if AI is granted legal personality, with rights and duties?

What are the available legal and policy options for dealing with this new technology?

According to the Hegelian approach to philosophy, the inventor or creator has a legitimate justification to enjoy the results and benefits of such property due to the connection between the work and the person.

The AI or so called sentient computers, on the other hand, cannot be considered the beneficiaries of their labor. Similarly, the ex-ante justification of inventiveness is inapplicable to AI generated content. The romanticism semantic of a “lone genius inventor or creator who invents or creates only if strongly incentivized” does not appear to be well suited to justifying the protection of AI generated contents.

Computers do not create or invent content on their own initiative; rather, they are directed to do so. Furthermore, because computers are value-neutral, AI may produce socially or culturally unacceptable or immoral content, which may contradict the proposition of’social planning theory.’ There may be concerns based on the ‘free-riding’ doctrine, which states that if AI generated contents are not protected, they will be open to copying and undue benefits may be taken by others, which will contradict the deontological justification of the IP regime, just like any other branch of law.

Much has been written about the desirability of such sentience, with debate centered on topics like how sentient AI adds value to society and its role in shaping our understanding of consciousness. Commentators have also attempted to theorize the tenets of responsible sentience by articulating the dangers of such systems.

Legal Risks associated with Sentient systems and Artificial Intelligence law:

Individual privacy is one such risk. Sentient systems, in theory, could act as a patient listener capable of roving conversations with customers. This characterization of such systems animates their interaction with privacy law and necessitates reflection.

While such systems have a wide range of applications, one that has recently received attention is AI-enabled chatbots. This use-case hints at how sentience might be used in the future to make human-machine interactions more personable and meaningful.

These interactions, of course, include personal information. As a result, they are subject to the application of privacy law. However, in the future, coding such systems with sentience makes the operation of such law circumspect and susceptible to disruption. Sentient systems, as opposed to the average bot, can engage deeply with their interlocutors without the need for human intervention.

Prompts to share deeply held beliefs, health information, or financial data are examples of such engagement. Prompts may also encourage people to talk about related people, such as friends or family. This likely aftereffect of sentience may thwart the strict application of privacy law.

Consent dilemma with AI law in Bangladesh:

The dilemma of consent is at the heart of such frustration. Sentient AI systems are likely to alter conversational patterns, undermining privacy law’s notice-and-consent provisions. In India, for example, the Information Technology Act of 2000 requires entities collecting sensitive personal information — such as financial information, medical history, and sexual orientation — to obtain prior consent before collecting such information.

Entities must also explain to customers why such information is being collected. This purpose effectively limits an entity’s data processing activity. The above-mentioned rules require that data collection be limited to the stated purpose or other lawful purposes related to the entity’s functions.

However, communicating a strong, well-defined purpose to users will be difficult for entities deploying sentient AI. The AI’s novel or meandering conversation patterns may introduce new themes for conversations, rendering consent moot. As a result, convoluted consent tokens and ambiguous purpose statements may dominate the machine-human relationship, causing anxiety in both customers and businesses.

Sentient AI, which is infinitely curious, can create situations in which businesses and regulators must respond with unwavering vigilance. As a result, their consent-and-purpose-bending experiment with privacy law necessitates well-thought-out solutions.

The fundamental right to privacy is not expressly granted in the Constitution. The courts, on the other hand, have incorporated the right to privacy into the following existing fundamental rights:

Article 39 guarantees freedom of thought and conscience; Article 32 guarantees life and personal liberty.
These fundamental rights under the Constitution, however, are subject to reasonable restrictions imposed by the State under Article 39(2) of the Constitution.

According to Article 43 of the Constitution, every citizen has the right to the privacy of their correspondence and other means of communication, subject to any reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality, or public health.

Furthermore, the Constitution states that no one shall be deprived of life or personal liberty except in accordance with legal procedures. As a result, judicial intervention is very much possible in Bangladesh’s legal system, and such privacy is subject to the application of lawful interception.

The Technology Act and the Digital Security Act address issues such as wrongful disclosure, personal data misuse, and breach of contractual terms relating to personal data.

The Act on Technology

The Technology Act provides legal recognition for electronic certificates and transactions conducted through electronic data interchange, as well as other forms of electronic communication that involve the use of alternative or paper-based methods of communication and information storage to facilitate electronic filing of documents with government agencies.

The Technology Act imposes liability on any person or entity that possesses, deals with, or handles any sensitive personal data or information. Furthermore, the Technology Act requires the implementation and maintenance of reasonable security practices to avoid wrongful loss or gain by the owner of such data, as detailed below.

The Government of Bangladesh (‘the Government’) has the authority to intercept data under certain conditions under the Technology Act. Section 46 of the Technology Act, in particular, which is an exception to the general rule for maintaining information privacy and secrecy, provides that the government may intercept data if it is satisfied that such interception is necessary in the interest of:

• the state’s sovereignty, integrity, or security;
• friendly relations with foreign states;
• public order; preventing incitement to commit any cognizable offence relating to the above; or investigating any offence.

The Government may, by order, direct any agency of the appropriate government authority to intercept, monitor, or decrypt, or cause any information generated, transmitted, received, or stored in any computer resource to be intercepted, monitored, or decrypted.

Section 46 of the Technology Act gives the government the authority to intercept, monitor, or decrypt any information, including personal information, in any computer resource. The government may require disclosure of information if it is of such a nature that it should be disclosed in the public interest. This category may include information about anti-national activities that violate national security, violations of the law or statutory duty, or fraud.

Under the aforementioned conditions, the government-appointed controller can direct a subscriber to extend facilities to decrypt, intercept, and monitor information. Section 69 of the Technology Act covers interception, monitoring, and decryption for the purpose of investigating cybercrime. The controller may declare any computer, computer system, or computer network to be a protected system and authorize applicable persons to secure access to protected systems by publishing a notice in the Bangladesh Government Press or in the electronic gazette.

The Digital Security Act and Artificial Intelligence law

The Digital Security Act was passed to ensure national data security and to create laws governing data crime detection, prevention, suppression, prosecution, and other related issues. The relevant provisions of the Digital Security Act are listed below.

According to the Digital Security Act, if any data or information published or propagated in digital media about a subject under the Director General’s purview threatens data security, the Director General may request that the relevant regulatory authority remove or block said data or information as appropriate.

The Telecommunications Act of 2001

The Telecommunications Act of 2001 (‘the Telecom Act’) is the only law that governs two-party electronic communication. According to Section 67(b) of the Telecom Act, no one shall intercept any radio communication or telecommunication, nor shall any intercepted communication be used or divulged, unless the originator of the communication or the person to whom the originator intends to send it has consented to or approved the interception or divulgence. Such an act is punishable by imprisonment for a maximum of three years or a fine of BDT 300,000 (approx. €3,153), or both.

Under Section 97(Ka) of the Telecom Act, the Government may empower certain authorities (e.g., intelligence agencies, national security agencies, investigation agencies, or any officer of any law enforcement agency) to suspend or prohibit the transmission of any data or voice call, as well as record or collect user information relating to any subscriber to a telecommunications service, on the grounds of national security and public order.

This broadly drafted provision includes intercept capabilities. The relevant telecoms operator must fully support the empowered authority in exercising such powers. The Telecom Act makes no mention of time limits on these powers. As a result, an interception may last as long as the agency carrying out the interception desires.

The Government may require a telecommunications operator to keep records relating to a specific user’s communications under the broad powers granted in Section 97(Ka) of the Telecom Act on the grounds of national security and public order. However, when deciding whether to grant a retention request, the relevant government agency must consider the operator’s technical resources and ability to retain information.

Under Section 96 of the Telecom Act, the government may seize any telecommunication system and all arrangements necessary to operate it in the public interest. It may retain such possession for any period of time and keep the operator and their employees employed full-time or for a specific period of time for the purpose of operating such apparatus or system. However, the government is required to compensate the owner or person in control of the radio apparatus or telecommunications system that it takes over.

Except for authorised persons as defined in Section 97(Ka) of the Telecom Act (security agencies), anyone who taps or intercepts telecommunication between two persons without their permission commits an offense.

According to Section 68 of the Telecom Act, the following acts are considered offenses if committed by an official of a licensee while performing their duties: use any telecommunication or radio apparatus with the intent of obtaining any information relating to the sender or addressee, or the content of a message sent by telecommunication or radio communication, unless the Bangladesh Telecommunication Regulatory Commission (‘BTRC’) has authorized that employee or operator to receive the message; except as required by the BTRC or a court, disclose any information

The 1872 Contract Act

The Contract Act of 1872 can be used to address the issue of data protection, which has traditionally been governed by the contractual relationship between parties. Parties are free to enter into contracts to define their relationship in terms of personal data, personal sensitive data, data that may not be transferred out of or into Bangladesh, and the manner in which the same is handled.

The 2009 Consumer Rights Protection Act

According to Section 52 of the Consumers’ Rights Protection Act, 2009, anyone who violates any prohibition under any law currently in force by doing any act that is detrimental to the life or security of a service receiver is punishable by imprisonment for a period not exceeding three years and/or a fine not exceeding BDT 200,000 (approx. €2,070). According to Section 53, any service provider who, through negligence, irresponsibility, or carelessness, harms or kills the service receiver’s finances or health, or causes death, is subject to imprisonment for a period not exceeding three years and/or a fine not exceeding BDT 200,000 (approx. €1,980). Furthermore, the consumer may be entitled to compensation.

These provisions implicitly impose responsibility on the person or entity that possesses, deals with, or handles any sensitive personal data or information for the consumer to implement and maintain reasonable security practices in order to avoid wrongful loss or gain to the owner of such data.

The Criminal Code

The Penal Code of 1860 (‘the Penal Code’) can be used to effectively prevent data theft. The Penal Code punishes misappropriation of property, theft, and criminal breach of trust with imprisonment and a fine. Although the Penal Code only applies to movable property, it has been defined to include corporeal property of “every description,” except land and things permanently attached to the earth. As a result of their movability, computer databases can be protected under the Penal Code.

The 2000 Copyright Act

The Copyright Act of 2000 (the “Copyright Act”) safeguards intellectual property rights in literary, dramatic, musical, artistic, and cinematographic works. The term “literary work” also includes computer databases. As a result, copying a computer database or copying and distributing a database constitutes copyright infringement, for which civil and criminal remedies are available. However, the Copyright Act makes it difficult to distinguish between data protection and database protection. Data protection is concerned with protecting individuals’ informational privacy, whereas database protection is concerned with protecting the creativity and investment put into the compilation, verification, and presentation of databases.

The Data Protection Act Legislation

The Government intends to submit the Data Protection Bill (‘the Bill’) to the National Parliament for enactment, and in that regard, an internal draft of the Data Protection Act was circulated in November 2020. While the content of the law has not been made public, there have been a number of indications from the government about the new dimensions that the Bill will introduce.

The Bill is intended to define data controllers (as opposed to data users) as individuals who collect, process, use, share, or otherwise process data within Bangladesh or data of Bangladesh residents. It has been reported that it will cover certain aspects of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), specifically the data quality principle, use limitation principle, and security safeguards principle, as opposed to the collection limitation principle and accountability principle, which are addressed to some extent by the Digital Security Act.

Another new requirement is to push for data localisation, or data sovereignty, as the Bill states that Bangladeshi citizens’ personal data must remain in the country. The Bill specifically states that every data controller must keep at least one serving copy of such data within the geographical boundaries of Bangladesh.

The public sector and Artificial Intelligence law

There is no separate law governing this matter. However, under the Digital Security Act, anyone who commits or aids and abets in committing an offence via computer, digital device, computer network, digital network, or any other digital medium will face a term of imprisonment of up to 14 years or a fine of up to BDT 2.5 million.

The issues raised foreshadow a sliver of the regulatory scrutiny that sentient systems will face. Addressing this gaze necessitates the adoption of two entity-level attitudes. To begin, because compliance is trite, entities may consider investing in processing techniques that maintain data-light sentient systems.

Second, entities must recognize that privacy is not synonymous with privacy law. Privacy is an interdisciplinary goal; organizations must empower their engineers to determine its technical boundaries.

Entities deploying such systems may, for starters, articulate a processing pipeline for them. This will be done in accordance with their privacy policies. The pipeline must include the following information: the system’s role, the location of its servers, the analytics and third-party tracking tools that the system may use, and the risks that its data processing activities may cause.

Concurrently, businesses must intensify efforts to recognize the wide range of functions that their sentient system may perform. This data can be used to set hard limits on data processing. They can also be used to identify safe harbor use cases; for example, sentient systems processing data to revive languages may be exempt from certain privacy law provisions.

Transparency and law regards to Artificial Intelligence:

The common thread running through these recommendations is transparency. Sentient systems’ commitment to openness is likely to serve as an antidote to the concern that they’monitor’ individuals by collecting personal data. Adopting a framework that operationalises openness and fairness in personal data processing may assist entities in effectively navigating privacy law.

The 2030 Agenda was incorporated into Bangladesh’s seventh Fiscal Year Plan (2016-2020). This is an excellent opportunity to carry out the 2030 agenda while reflecting the needs of the SDGs in the national plan. To advance, the Bangladesh government, NGOs, philanthropists, tech companies, and organizations that collect or generate large amounts of data will need to take decisive action. There are two major issues that must be addressed: data accessibility and a scarcity of talent capable of improving AI capabilities, improving models, and implementing solutions.

AI can play critical roles in addressing the challenges of the SDGs. McKinsey Global Institute has identified approximately 160 SDG cases where AI can be used to solve problems. Bangladesh is committed to using emerging Artificial Intelligence to solve the most pressing SDG problem.

To comprehend the upcoming challenges of artificial intelligence, an ideal procedure for applying AI in various sectors is required. We have identified seven national priority sectors.

Public service delivery, manufacturing, agriculture, smart mobility and transportation, skill & education, finance & trade, and health are among them. We have identified scopes and recommended actions for each of the sectors. Taking into account all of the recommendations from various sectors and challenges, we identified six strategic pillars for AI in Bangladesh and developed a development roadmap for the pillars in order to establish a sustainable AI Ecosystem and Artificial Intelligence law in the country.
Bangladesh’s six strategic Artificial Intelligence pillars are as follows:

• i) research and development,
• ii) AI workforce skilling and reskilling,
• iii) data and digital infrastructure,
• iv) ethics, data privacy, security, and regulations,
• v) funding and accelerating AI start-ups, and
• vi) industrialisation for AI technologies. Aside from a strategic brief, each strategy includes a road map, action plan, related stakeholders, and lead ministries.

Anyone can see the broader strategy steps planned for Bangladesh over the next five years in that summary roadmap given by the goverment. Then the country can consider our current readiness in terms of infrastructure, awareness, resource pool, social and legal challenges, and other pertinent issues when developing the road map.

Deefakes and Artificial Intelligence law in Bangladesh:

Deepfakes are fake media in which a person’s likeness in an existing image or video is replaced with someone else’s. While the act of faking content is not new, deepfakes use powerful machine learning and artificial intelligence techniques to manipulate or generate visually and audibly deceptive content. Deep learning is used to create deepfakes, and the main machine learning methods involve training generative neural network architectures such as autoencoders or Generative Adversarial Networks (GANs).

Deepfakes have received widespread attention for their use in the creation of child sexual abuse content, celebrity pornographic video, revenge porn, fake news, hoaxes, bullying, and financial fraud. This has prompted both industry and government to respond by detecting and limiting their use.

How does deep fake in Artificial Intelligence work?

AI technologies are used to create a deepfake. A program is taught to replace or synthesize faces, speech, and emotions. It is used to imitate an action that a person did not commit.

As a result, it is clear that Deepfake is beneficial to the media and film industries. It can be a great tool for creating content and making films. However, it is used to create pornography, financial fraud, fake news, fake videos, bullying, and so on. It is obvious that this is a technology with few advantages and many disadvantages. It causes a slew of major issues for humanity.
Law does not evolve at the same rate as technology. Nowadays, technology is rapidly evolving.

However, the development of law is extremely slow. As a result, technology easily wins the race. In Bangladesh, there is no specific law that deals with deepfake-related crimes. However, we can use existing laws to help us prevent this type of crime. I’ll go over these laws later.

Copyright infringement and Artificial Intelligence law:

World Intellectual Property Organization (WIPO) draft issue paper on AI and Intellectual Property. However, copyright alone cannot prevent deep fake. Because the victims are not the owners of these videos and photographs. Section 72 of the Bangladesh Copyright Act-2000 defines certain acts that do not violate copyright. This is a lengthy list. Unfortunately, the creator of the deepfake video or images has copyright protection. Victims is not protected by copyright. As a result, the victim has no legal recourse against the creator of the deepfake video and images. As a result, it is clear that using Copyright Law to take legal action against the wrongdoer is extremely difficult.

Law Against Defamation and Artificial Intelligence law:

Another avenue for legal action against deepfake crime is through a defamation case. However, in Bangladesh, defamation is used incorrectly.

According to Section 499 of The Penal Code 1860, “Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person, except in the cases hereinafter excepted.”

Section 500 of the Penal Code 1860 states that “whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

However, in Bangladesh, the majority of defamation cases are filed solely for harassment. As a result, the dismissal rate of defamation cases in lower courts is very low. However, under Section 198 of the Criminal Procedure Act of 1898, any aggrieved person may file a case of defamation.

Another law exists to prevent the misuse of defamation-related crime. That is the 2018 Digital Security Act. However, this law will not prevent the abuse of the defamation crime. As a result, we must strengthen our defamation laws.

Data protection legislation and Constitution in Bangladesh:

We have no data privacy or data protection laws, which is a harsh reality. Every person has the right to privacy under Article 33(b) of our Constitution. If this right is violated, he or she may file a case in the High Court Division pursuant to Article 102. (1).

According to Section 7 of the Right to Information Act of 2009, everyone has the right to keep his or her data safe. Nobody is going to publish his data. Anyone or any authority has no right to access his data. The provisions of The Digital Security Act 2018 can be used to prevent the misuse of personal data. However, these provisions are insufficient.

Pornography Regulations Act and Digital Security in Bangladesh:

The majority of Deepfake’s videos are pornography or revenge porn. The majority of the victims in this case are women. The Pornography Control Act of 2012 can be of assistance. Section 8 of the Pornography Control Act of 2012 severely restricts pornography with a wide range of penalties. Section 8 (1) makes any act capturing video or still pictures of sexual intercourse or behavior exposing sexual sensation, with or without consent of parties in sexual interaction, punishable by imprisonment for a maximum of 8 years and a fine of 2 lac taka.

Making pornographic videos with minors is a major offense punishable by ten years in prison and a fine of five lac taka under Section 8(6).

AI is not only producing patentable products, but it has also begun producing potentially copyrightable works such as newspaper articles, songs, poems, and books, which are obviously creative and artistic in nature. For example, the Flow Machine developed by a team of Sony researchers can compose music; another machine, Mubert, which has been dubbed “the world’s first online music composer,” can continuously produce music in real time.

This leads us to the obvious questions: Is the creation of AI protected by intellectual property? Who owns the copyright to such a creation? Is it a breach of IPR ethics? These are increasingly important questions these days. There are numerous debates about who created AI and who owns it.

It should be noted that, as an extension of the Berne Convention (1971), only computer programs and data compilations have been protected as copyrightable works under Articles 4 and 5 of the WIPO Copyright Treaty and Articles 10(1) and 10(2) of Trade Related Aspects of Intellectual Property Rights (TRIPs). There is no mention of AI protection in these treaties.

In this regard, an intriguing example can be found in Naruto’s case (Naruto v. David John Slater et al, No. 3:2015-cv-04324,9th Cir. ), in which a monkey took a’selfie.’ When a photographer complained about the monkey’s’selfie,’ the US Copyright Office stated that “the Copyright Office would not register works produced by animals or machines.”

It even went on to say, “To qualify as a work of ‘authorship,’ a work must be created by a human being,” which was not previously mentioned in the copyright law, and the term ‘author’ was never defined in this law. In contrast, the European Union (EU) has proposed in a draft paper that robots powered by AI be given a “special legal status.”

According to the paper, such a robot must abide by basic ‘civil laws.’ The EU’s interpretation is somewhat acceptable, but the US’ refusal to grant copyright for non-human creation raises additional questions, such as who would own the rights to an AI creation. Some articles argued that these issues could be resolved through agency law or that the person in charge of the AI should be granted copyright. Other arguments suggest that the issue of co-authorship be considered whenever an AI creation is involved.

However, many countries’ laws are deficient in terms of AI, so excluding AI from copyright law is not the ultimate solution. This is not the way to approach AI development. To address this difficult issue, more global attention and consensus are required.

WIPO Copyright Treaty and the TRIPs agreements:

According to the WIPO Copyright Treaty and the TRIPs agreement, there is currently no clear definition or mention of protection in international treaties. The WIPO Worldwide Symposium on Intellectual Property Aspects of AI, held at Stanford University from March 25 to 27, 1991, was strangely silent on many important issues.

A careful reading of the symposium paper reveals that it was more concerned with defining AI than with finding a way forward to address the issues raised by IP rights. In fact, current laws, both at the national and international levels, are inadequate to address this issue.

Some attendees at the symposium argued that because software is protected by copyright laws, AI work should be treated similarly. However, if humans claim ownership of an AI creation, they must also accept responsibility for AI infringement. We now live in a technologically magical society. It is increasingly controlling our daily lives and will continue to do so in the future as AI creations advance.

AI is advancing at such a rapid pace that current legal systems are incapable of dealing with it. As a result, the international community must consider the potential legal and ethical implications. “The short-term impact of AI depends on who controls it; the long-term impact depends on whether it can be controlled at all,” Stephen Hawking once said.

Given the significance of the new thinking on AI creation and Hawking’s prediction, the WTO and WIPO should give this issue careful consideration. As AI becomes more difficult to distinguish from human creativity, the legal issues surrounding authorship are bound to become more complicated in the coming years.

Numerous challenges with Artificial Intelligence law and Deep Fake:

There are legislative barriers to protecting AI-generated inventions, particularly with regard to human inventorship requirements, prior arts, examination of inventive steps, and novelty. AI-generated inventions pose numerous challenges, including determining what constitutes “prior art” for machine-generated inventions. Is it possible for ordinary skilled people, such as patent examiners, to locate ‘prior arts’ produced by sophisticated machines?

Do sophisticated machine AI examiners, rather than human patent examiners, need to be used to search for ‘prior art’? Furthermore, because inventive steps are judged on ‘non-obviousness,’ which implies the gap or improvement between the proposed invention and existing ‘prior arts,’ such differences would be difficult to measure by a person with ordinary skill in the relevant art. Furthermore, computer-generated claims may be designed in such a way that they obstruct future advances in knowledge.

Another point worth discussing is the requirement for human inventorship in a patent application. Even though the EU approach of ‘first to file’ justifies non-examination of the inventor in the true sense, failure to meet the formal requirement of human inventorship will result in patent application rejection. In contrast, the US approach of ‘first to invent’ requires disclosure of the inventor by definition, or it will face EU-style consequences.

A similar concept can be found in the copyright system, where human authorship is required and thus AI generated works are not protected by copyright.

An analogous argument can be made in line with the ratio of the Famous Monkey Selfie Case (Naruto v Slater), in which the US Court did not allow authorship to Monkeys despite selfies being taken independently by Monkeys who clearly had independent thinking abilities. The jurisprudence of the Infopaq Case (Infopaq International A/S v Danske Dagbaldes Forening) in the European Union may also exclude AI generated works from copyright protection.

The court ruled in this case that copyright is only granted to original works, and that the originality must be stamped with the “author’s personality.” Similar difficulties may be encountered in AI-generated designs.

As a result, there is ambiguity, a lack of legal precision, and policy uncertainty regarding the intellectual property protection of AI generated contents. Policymakers, including relevant stakeholders in digital Bangladesh, should consider potential legislative and policy options to protect AI industry investments and promote creativity and innovation in this burgeoning sector.

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