Jan
21
Jan
21
H-1b Petitions
Filed Under Immigration Law | Leave a Comment
Start-up Companies and H-1b Petitions: How to Get Approvals
Author: Morley J. Nair
A “start-up company” is usually one that has just been set up, or has been in existence for a couple of years. Usually, such entities may have problems establishing consistent business activities, revenues or profits. We are often asked the question whether startup companies qualify for H-1B approvals and about the likely queries such companies can expect from USCIS. At the outset, let me say that the rules do not prevent start-up companies from filing H-1B Petitions. Now let us examine the details. As far eligibility to apply for H1B goes, the Petitioner has to be US person or entity, i.e., an individual, partnership, corporation, or an organization that qualifies as such an entity. US branches, subsidiaries, etc., of an overseas Company can also file H1B Petitions. Secondly, the job should qualify for H-1B classification. That is, it should be a “specialty occupation”, namely one that normally requires the “theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent.” Occupations in this category include software engineers, systems analysts, computer programmers, other computer professionals, engineers, architects, teachers, accountants, researchers, scientists, etc. Thirdly, the individual should qualify for the job offered. The H-1B classification is available for foreign nationals to work in the US in “specialty occupations” or as fashion models of distinguished merit and ability. A specialty occupation is one that needs a US Bachelor’s degree or equivalent as the entry level requirement. Thus, there are two standards to be met: (i) the job should require a bachelor’s degree, and, (ii) the alien should have that degree or the US or foreign equivalent of that degree. So there are three basic things the rules insist on: (a) a qualifying employer; (b) a qualifying job, and (c) qualifying foreign national. Startup companies also have to deal with other critical issues such as whether there is a viable job opportunity and whether the company can sustain the H-1B employee. Now what happens when the Petition is filed? The items of information contained in the H-1B Petitions that alert the adjudicator about the ‘start-up’ nature of such companies, are usually the year established, current number of employees, gross income, and net income. In most startup cases, the year established would be recent, with corresponding low levels of employees and income. Sometimes, there would be no income at all to report, where the petitioner gives “projected” or “estimated” numbers. These elements would make USICS curious about the viability of such entities, resulting in queries that are affectionately called Requests for Evidence, or RFEs. Such RFEs ask for additional documentation to ensure the financial viability of the employer and the bona fides of the job opportunity, etc. The items usually asked for are contract between the petitioner and the beneficiary (i.e., foreign national), itinerary of the beneficiary (if the employment is to take place at more than one location), contractual agreements between the petitioner and their clients, financial documents (including tax documents – federal, state, and quarterly payroll returns), payroll records, past history of H1B petitions, lease agreement, floor plans, photographs of business premises, etc. This list is not exhaustive. We have received H-1B RFEs that run into as much as six pages (yes, six pages!) But we are proud to report that our success rate has been more than 99 percent, despite such RFEs. The employer, by themselves or with the help of an immigration attorney, should be able to prepare this extensive documentation and submit before the deadline of the RFEs. Our approach has been to be proactive and always give USCIS more than what is asked for. The deadlines to answer the RFEs used to 12 weeks in the past, now the USCIS gives only a month in most cases. Conclusion In view of our experience in helping start up entities in the field of H-1B visas, we will be happy to guide our future prospective clients. We have obtained hundreds of H-1B approvals on behalf of start-up companies, especially in the Information Technology field. Appropriate planning and consistency of documentation are the key issues. Copyright: The Law Offices of Morley J. Nair, Inc.
Article Source: http://www.articlesbase.com/immigration-articles/
startup-companies-and-h1b-petitions-how-to-get-approvals-722587.html
About the Author:
Morley J. Nair is the Founder of The Law Offices of Morley J. Nair, located in Philadelphia, PA, practicing Immigration Law in all the 50 states. The firm has processed thousands of H-1Bs and hundreds of Applications for Permanent Residence (“Green Cards”). Attorney Nair offers a free 10-minute consultation to prospective clients. The law firm websites are www.visaworks.com and www.h1bplanet.com .
Jan
21
Tort Law
Filed Under Uncategorized | 1 Comment
Tort Law and Its Classifications
Author: Sarah Jose
Tort law is a streamline of law which covers issues of civil wrongs like defamation, trespassing and the other actions involving law violations. Incase a person has undergone a physical, legal or any economic harm then he can a file a suit under the tort law. If the suit is valid and the defendant of the case loses the case then in such a case the complainant can be compensated with the damages for the loss which he has faced. The majority of the tort cases are handled with the regional, state civil codes and these laws specify the limits on the damages and the limitation of the tort cases. The tort laws are categorized on three broad classes viz: negligent torts, intentional torts and the strict liability torts. Negligent torts are the cases which occur due to negligent behavior and the failure to perform any task with due diligence. An example of the negligent tort can be when a person in the course of playing cricket cracks down the glass of the living room of an apartment. The unethical medical practices and any other forms of professional negligence fall under the category of negligent torts. The second categorization of tort law viz intentional tort is the wrong which have an intentional attempt to harm the other person. Examples of the intentional tort are defamation, fraud and false imprisonment. The strict liability torts are the wrongs specific to the products offered by a company, for example consider the fact if you have purchased a peeler and operated it according to the instructions as give and on operation the peeler has cut down your hand, this is an example of the strict liability tort. The tort law encompasses issues like misbehavior such as noise pollution, etc. In some places the issues which are considered very important these days that is the industrial pollution and the release of toxins are also covered under the tort laws, these cases are referred to as “toxic torts”. These toxic torts are used to file cases against the companies and the industrial units who are not adhering to the emission of pollution levels. The other kind of tort is the nuisance torts which are quite challenging cases to handle as the word nuisance and its definition varies from person to person. It can be understood from the above definition that the tort law do not necessarily cover the physical damages caused to person but they also cover cases of economic nature for which the opposite party has to pay the compensation based on the damages which had occurred. It also covers issues which have been causing damage to the reputation of the people. To end the article I would just like to say that do not confuse the word tort with torte which means a rich cake made of nuts. For any legal help visit Benson Salloum Watts LLP. Our lawyers represent their clients with all the personal legal needs, whether it’s help in preparing a will or assisting with an immigration matter. Our lawyers can help you with your personal legal needs.The firm presently has three offices in the Central Okanogan allowing for more efficient and convenient service. We provide a variety of services ranging from personal injury, business, personal and Aboriginal Law. Our firm consists of over 50 professionals including lawyers, legal assistants, support staff and technical consultants.
Article Source: http://www.articlesbase.com/health-and-safety-articles/
tort-law-and-its-classifications-679258.html
About the Author:
Sarah Jose is a Copywriter of BensonCoLaw.She has written many articles in various topics related to
Business Law .For more information on Immigration Law and any other Legal Needs visit Personal Legal Services site or contact her at : sarahjose8@gmail.com
Jan
17
Law Firm Marketing Seminar
Filed Under Law Firm Marketing | Leave a Comment
Jan
17
Writing a Loan Modification Hardship Letter
Author: cdloanmod
A financial hardship letter explains to your creditor why you are in financial trouble and requests a specific remedy to help you through the crisis. There are different reasons for writing a hardship letter, but the most common these days are: Requesting a loan modification or restructuring Requesting a short sale to avoid foreclosure The hardship letter is a primary requirement in the loan application process. Your loan modification attorney will ask you to submit it along with your other financial documents, so that they can evaluate your situation and present a strong case to your lender. When writing a hardship letter for a loan modification, keep in mind that the lenders really want to see why you have fallen behind with your mortgage payments. It should be clear, honest, and contain just the right amount of detail. The way you write it can literally spell the difference between keeping and losing your home. Here’s how you can write a hardship letter that puts your point across and gets you the best loan modification deal. Keep it concise. A typical lender can only spend five minutes reading your letter. Try to keep it to a single page; any longer and they might not have time to really read it through. Lose all unnecessary details and keep only those that are relevant to your case. Get straight to the point. Start by stating the purpose of your letter (whether it’s a loan modification or a short sale), so that the reader knows outright what to expect. Basically, it should say “I need you to buy my home/restructure my mortgage/give me a lower interest rate,” in a way that compels them to find out why. You can use the succeeding paragraphs to explain it in more detail. Explain your hardship. First, make sure your problem actually qualifies as a financial hardship. Your goal is to convince your bank that you have no other means of mortgage assistance, and that you can get back on track if they do grant your request. Examples of valid hardships include: Loss or reduction of income (loss of employment, demotion, etc.) Natural disasters Illness and medical expenses Death of a family member or co-borrower Divorce, separation, or other legal expenses Military service It doesn’t have to be one of these things, of course. Each lender has its own standards, and the letter’s purpose is to give them a more personal look into your situation. Once you’ve established your hardship, provide details that will help strengthen your case. Make sure to tell them how you got into the situation and why it’s out of your control. Restate your request. End your letter by reiterating your purpose, in slightly different words. Ideally, your previous paragraphs should explain that it’s the only way to stop foreclosure. Make it clear that you intend to get back to your regular payments once the loan has been modified. Be humble. One thing you should never do is imply that your situation is your lender’s fault. Instead of pinning the blame on anyone, simply tell things as they are and leave the judgment to your reader. Finally, thank them in advance and mention that you’re looking forward to continuing business with them. For more information about Loan Modifications please visit http://www.CDLoanMod.com or call 800.738.1170
Article Source: http://www.articlesbase.com/bankruptcy-articles/
writing-a-loan-modification-hardship-letter-663848.html
About the Author:
The Loan Modification Department is composed of a team of attorneys, mortgage and real estate professionals, and hardship analysts. Our lead attorney is Christian M. Dillon, an experienced lawyer specializing in loan modifications and RESPA and TILA violation cases.
For a Free consultation talk to our Loan Modification Lawyer or go through the Loan Modification FAQs
Jan
17
The Path of Constitutional Law
Filed Under Constitutional Law | Leave a Comment
Jan
17
Jan
17
New Amendments to Ada: What Does it Mean to You?
Author: Crystal M. O’Brien, Esq
On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008. As a result of this new legislation, which will go into effect on January 1, 2009, minor changes have been made to the ADA. Those changes include providing clarity as to how the term “disability” is defined — apart from how state courts, the U.S. Supreme Court, and the EEOC have previously interpreted the definition. Under new law, the Act will retain the ADA’s traditional definition of “disability” as an impairment that “substantially limits” one or more major life activities, a record of such an impairment, or being “regarded as” having such an impairment. However, new changes attempt to broaden that definition. Most significantly, the Act directs the EEOC to revise regulations to clarify that a disability which “substantially limits” [major life] activities such as reading, bending, thinking, speaking, breathing, and generally communicating, among other activities not previously considered. A disability under the new Act could also involve limitations regarding major bodily functions such as those impacting the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. And certain assistive devices such as glasses and arm braces will no longer constitute measures which can diminish ADA protection. Moreover, individuals who fall under the “regarded as” [disabled] prong of the ADA may no longer be entitled to reasonable accommodations as was previously believed. In short, the ADA’s reach for protecting a greater class of individuals is anticipated. However, what an employer’s obligation to disabled applicants and employees will vary under the revised Act. The nuances and complexities beg employers to apply ADA provisions conservatively and to work with seasoned human resources and employment law counsel.
Article Source: http://www.articlesbase.com/national,-state,-local-articles/
new-amendments-to-ada-what-does-it-mean-to-you-722528.html
About the Author:
Crystal M. O’Brien, Esq. serves as MMC’s Employment Law Manager/Corporate Counsel. She also sits on the company’s panel of HRCI/MCLE trainers which provides ongoing training to H.R. professionals through its onsite MMC University. Ms. O’Brien’s practice experiences focus on providing labor and employment law counseling advice to MMC’s 400 clients. She also mediates private disputes for the Los Angeles County Superior Courts as well as represents employers in litigated labor and employment law matters. Prior to joining MMC, Ms. O’Brien practiced law with national and boutique law firms on the west coast. Before entering law school, she served as a workers’ compensation insurance hearing representative for several years. Collectively, Ms. O’Brien has 19 years of litigation experience.
After receiving a double-degree in psychology and sociology from Oberlin College in 1988, Ms. O’Brien earned a workers’ compensation insurance claims adjusting license in 1991. She completed post-graduate studies in Human Resources Management at Portland State University’s Graduate School of Urban & Public Affairs from 1996-1998 and earned a Juris Doctorate and Certificate in Dispute Resolution from Willamette University College of Law in 2001. Immediately following law school, Ms. O’Brien served as a judicial clerk to the Honorable Faith Ireland (ret.) of the Washington State Supreme Court. She is licensed to practice law in California and Washington, as well as before U.S. District Courts in each state.
Jan
17
Surviving Law School
Filed Under Law School | Leave a Comment
Jan
17
Slip and Fall Accidents: Who’s at Fault
Filed Under Personal Injury | 1 Comment
Slip and Fall Accidents: Who’s at Fault
Author: Patricia Woloch
Slipping and falling is not a prescription for compensation simply because the event happened. Many factors are involved in determining if there is cause to recoup damages when a person slips and falls. Among these are the degree of effort to prevent a fall by both parties and the degree of negligence. Contributing Factors
• Did the owner, manager or an employee cause the danger that caused the fall?
• Did the owner, manager or an employee ignore the danger, allowing it to remain a hazard?
• Did the owner, manager or an employee fail to maintain the property in a reasonable manner, resulting in their ignorance of the danger?
• How long had the dangerous condition existed?
• Can the owner show evidence of regular inspection and maintenance of his property?
• Was the “dangerous condition” there to serve another function, such as a wet floor warning sign? Did it still serve a purpose, or had it become an obstruction?
• Was it located in the safest position to serve its purpose?
• Was it the best method of isolating a dangerous spot, or could that spot have been isolated more safely, within reasonable means?
• Was lighting adequate, or is it a factor at all?
• Was it reasonable for the injured party to be near the danger?
• Would a reasonable person have made an effort to avoid the danger?
• Was the injured party distracted from the danger?
• Does the owner of the property owe a “duty” to the injured party? The presumption is that an owner, manager or employee can be reasonably expected to care for the property, keeping it safe and ensuring that it poses no dangers to customers and employees. Did the injured party contribute to his own injury?
• Was the injured person using due caution?
• Did the injured person ignore warnings?
• Was the injured party behaving unreasonably for the environment (e.g., dancing in a grocery store)?
• Was the injured party negligent in any other way?
The Iffy Factor Phrases such as “should have known” and “reasonable” are vague, subjecting the determination of who is at fault to the discretion of the judge, mediator or jury. Attorneys skilled in investigating incidents involving slips and falls can uncover the information that will indicate who is at fault. South Carolina uses the modified comparative fault to determine the degree negligence of the plaintiff. Your settlement is determined based upon the percentage of fault that was contributed by each party. Your claim can be considered if you are 50% or less at fault, but it will be reduced by the degree that the injury was your fault. In you have been injured in a slip or fall accident, see a doctor immediately and document what happened as soon as possible to support the accuracy of your recollection. To preserve the integrity of your claim, see an attorney immediately. Please visit the website of McWhirter, Bellinger & Associates, P.A. for more information.
Article Source: http://www.articlesbase.com/personal-injury-articles/
slip-and-fall-accidents-whos-at-fault-725124.html