By Lum Law Group 0

Today, March 18, 2021 the House of Representatives passed the American Dream and Promise Act. The Act will provide a pathway to citizenship for undocumented immigrants. These include undocumented immigrants brought here as children and for people who are here for humanitarian reasons (Temporary Protected Status, or TPS). The bill excludes individuals who entered the United States after January 1, 2021 (this year). A summary and the full text of the bill can be found at https://www.congress.gov/bill/117th-congress/house-bill/6.

This is a great first step to address the plight of a substantial number of individuals. However, it is still too early to celebrate. The more difficult task is to convince 60 senators to support this Act. The Democratic Party has a simple majority in the Senate, but this doesn’t mean the Senate will pass the Act in its current form. The reality is that if a filibuster is announced by senators opposing the bill, the bill would not be put up for a vote unless 60 senators vote to cease debate (and the filibuster) of the bill. Thus, the bill requires 60 senators’ support the Act. It is also possible the Senate will propose changes to the bill for it to pass.

By Jessica Suotmaa 0

The H1-B nonimmigration worker application process for each fiscal year (FY), which starts on October 1 of the previous year (FY2022 begins October 1, 2021), consists of registration, a petition, followed by approval. The “Petitioner” is the sponsoring employer company. The “Beneficiary” is the employee.

First, the Petitioner must register with USCIS during the registration period for each beneficiary for whom Petitioner wishes to petition for an H1-B nonimmigrant worker visa. If a registration is accepted for a specific Petitioner and Beneficiary, then the Petitioner may file an H1-B petition on behalf of that Beneficiary.

The period for registration for 2021 petitions for the FY2022 (which begins on October 2021) is March 9, 9:00 a.m. PST to March 25, 9:00 a.m. PST. A separate registration must be completed for each beneficiary for whom a petitioner may apply.

Registrations will then be randomly selected by USCIS between March 25 and March 31. Those H1-B petitioner/beneficiary registrations selected will then be allowed to file their H1-B petition starting April 1, 2021 for the FY2022.

Once the petition is filed, the petition will be examined. Generally cases are decided before October 1, if not earlier.

If you need assistance with your H1-B petition, our office, with over 40 years of experience preparing all types of business and family immigration applications, can help you through the process. We encourage petitioners and beneficiary who have not already started putting together information for registration start to do so before the first day of registration on March.

By Jessica Suotmaa 0
On August 30, 2020, USCIS adopted as practice a AAO decision finding that TPS holders who travel outside of the US on an authorized DHS travel document retain the same status, TPS, upon re-entry.  This means that they cannot use the re-entry as grounds for establishing a right to adjust to permanent residence upon re-entering.
employer responsibilities during covid-19

By Jessica Suotmaa 0

While some employers are subjected to the higher Aerosol Transmissible Diseases (ATD) Standard (California Code of Regulations, title 8, section 5199) in order to protect employees from airborne infectious diseases such as COVID-19, most employers are not. If you are not in healthcare, funeral, or drug-related industries, you will not be subjected to the ATD Occupational Safety and Health Administration (OSHA) standard. You can find the list of workplaces subject to the ATD standard here.

Please note that even if your business is not subject to the high standards of ATD, it is still required to follow the latest COVID-19 OSHA guidance for workplace safety. We all know we should wash our hands (yes, with soap), but this post will highlight some of the other key points small business owners and employers must follow in order to safely reopen during the pandemic.

1. Provide Washing Facilities

Every workplace should have “washing facilities”, or a place for workers to wash their hands.  This could be a sink, or anywhere with water, soap (“washing agent”), and towels for drying.

See Title 8 sections 1527, 3366, 3457 and 8397.4

2. Disinfect and Clean Routinely

Perhaps your workplace already has cough and sneeze policies and a robust cleaning schedule, but in times of a pandemic, you should set higher standards for your workplace cleanliness.  You can do so by:

  • Reducing shared workplace areas
  • If employees must share certain equipment or space, provide disinfectant sprays or wipes so that they can clean before and after each use
  • Provide face coverings or encourage employees to use their own while in the workplace
  • Provide disposable paper towels/tissues for employees
  • Provide trash cans in convenient locations
  • Provide hand-sanitizer for employee use
  • Purchase EPA-approved disinfectants and cleaning supplies
  • Re-train cleaning staff to follow cleaning supply manufacturer’s guidelines for usage
  • Provide necessary Personal Protective Equipment (PPE), such as face masks, gloves, disinfectant wipes for employees to use freely

3. Establish Sick Leave Policies

Employers should establish sick leave policies for all employees for their safety.  This does not just include allowing for sick leave, paying for sick leave, or establishing how an employee qualifies for sick leave, but also includes the reasons why an employee should not come to work. Here’s a list of what every employer should do during the coronavirus pandemic:

  • Require sick employees to remain home.
  • Send sick employees home if they exhibit any of the following symptoms:
    • cough
    • fever
    • difficulty breathing
    • chills
    • muscle pain
    • headache
    • sore throat
    • or recent loss of taste or smell.
  • Prevent sick employees from returning to work until:
    • they have been fever-free for at least three days without taking fever reducer medication and
    • they have been symptom-free for at least ten days since their first symptoms appeared
  • Provide employees with paid sick leave if required (Families First Coronavirus Response Act)

If one of your employees is tested positive for COVID-19, be sure to keep the information private per the Americans with Disabilities Act (ADA).

4. Create a Workplace Injury and Illness Protection Program (IIPP)

California employers are required to create and set up a program to protect employees from injury and illness, which includes infectious diseases such as COVID-19.  As an employer, you must follow the following steps:

  1. Determine if your workplace could be a COVID-19 hazard. For example, if there has been exposure to someone who has tested positive for the virus, or if it’s a high-traffic area, etc.
  2. Evaluate the risk of exposure to COVID-19
  3. Prevent infection in the place by:
    1. creating physical barriers to control the spread of virus, such as the plastic screens at checkout counters,
    2. social distancing,
    3. providing appropriate personal protective equipment (PPE), hygiene, and cleaning supplies.
  4. If concerned, practice infection control measures provided by the Centers for Disease Control and Prevention (CDC):

See Title 8 section 3203

5. Encourage Social Distancing

By now, we are all familiar with the term: “social distancing” where we are encouraged to stay several feet away from any other person at all times.  As an employer, this could mean several things for you:

6. Provide Employee Training

As an employer, you should train your employees so that they are aware of how to protect themselves from COVID-19 both in the workplace and outside of it. By teaching your employees how to protect themselves, you will ultimately protect all of your workforce, you, and your customers.

Be sure all your employees are aware of the following:

 

For additional guidance on how to provide a safe workplace for your employees during this COVID-19 pandemic, please visit the California website. Your specific industry might require additional steps not listed in this article. The website is also a good resource for downloadable documents to print and post for your employees’ education.

If you have questions regarding employer liability, or even a wishlist of topics we could cover, please comment below or send us a message.

when small business owners need to lawyer up

By Jessica Suotmaa 0

If you’re thinking about starting a small business, or perhaps you’re already the owner of one, hiring an attorney may not have crossed your mind. Perhaps you’re worried about the stereotype of how expensive attorneys can be, or maybe you’re a capable do-it-yourself person who doesn’t need help. Either way, this article will give a brief introduction on when and why small business owners may want to hire a lawyer.

1. Forming a Company

When thinking about forming a company, the best time to consult an attorney is before you register it. You don’t necessarily need a lawyer to fill out and file the paperwork for you, but for the tax and legal purposes, you would want to consult an attorney about which type of company structure will fit your business best.  An experienced attorney can tell you whether that non-profit organization designation is possible. A lawyer can help you review your business plan to determine whether you should form a limited liability company or corporation.  If you’re not sure what the differences and legal consequences for the different types of entities are, you may want to ask a lawyer.

We can tell you if that partnership should be a limited liability partnership. We can also tell you if you should continue with your sole proprietorship, or if you should file for s-corporation status.  Having an experienced attorney assess your business plan before you start your business can save you many headaches later down the road.

2. Drafting Contracts

Written contracts clarify what you’re agreeing on and with whom. Since contracts are legally binding, they offer guarantees to small business owners that will prevent future losses. As such, every small business owner should either hire an attorney to draft clear and concise contracts for their business partners, vendors, employees etc.

At the very least, every small business owner should hire an attorney to review a contract that has been offered to you.  There are many benefits to hiring an attorney to review your contract.  Firstly, it is usually less costly than hiring an attorney to draft a contract on your behalf as it often takes less time.  Secondly, the attorney may come up with questions that you will need to ask the other party, thus improving your contract.  Finally, the attorney can make additions or point out weaknesses that you may or may not want to address with the other party.

3. Handling Employee Issues

Assuming you heeded our contract advice and properly executed contracts for any and all business partners and employees, you shouldn’t have too many issues regarding termination. However, there could still be issues regarding payments, unlawful termination, discrimination, or harassment.  Consulting with an attorney can prevent further losses, and ensure that you are aware of the current employee rights.

4. Licensing

No matter the size of your business, you must follow government licensing regulations.  Depending on your location and industry, you may have to adhere to city, county, state, or federal regulations. By consulting an attorney experienced in your industry and located in your area, you can be prepare in advance for the paperwork and fee requirements for your business license.

5. Registering Intellectual Property

If your business has a special name or logo, you may want to register a trademark to protect your brand. If you don’t, you may find that similar business open with similar names or familiar colors and logos as yours, stealing your customers. Or perhaps you are creative and have creations that need to copyright protection. A good intellectual property attorney will assess your business plan, goods, and branding to determine what is the best strategy for protecting your intellectual property, brand, and business.

 

The issues listed above are just the top five issues on which small business owners should consult an attorney. You may have an issue that has not been listed, or a question you’re not sure needs an attorney. Feel free to comment below, or contact one of our experienced business attorneys for further assistance.

How has COVID-19 affected U.S. Immigration?

By Jessica Suotmaa 0

The COVID-19 pandemic has resulted in a halt in our daily lives, and significant (temporary) changes to the U.S. immigration system.  In this article, we have compiled coronavirus related immigration changes by category, or circumstance.  However, we do not go into specifics as it would depend on your individual situation and would require our attorneys’ review.  Please contact our office if you’d like an experienced immigration attorney to review your specific circumstance.

COVID-19 Testing & Public Charge Rule

On March 13, 2020, the United States Citizenship & Immigration Services (USCIS) announced the “testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19” does not fall under the public charge condition. Therefore, certain nonimmigrants seeking an to adjust status or to extend stay can still test and treat COVID-19 via publically funded programs such as Medicaid or Medi-Cal. In fact, USCIS encourages anyone with coronavirus symptoms to seek medical treatment or preventative services, promising it will not negatively affect a foreign national as a part of its future public charge analysis.

To read more about public charge, and what it usually entails, click here.

COVID-19 Caused Unemployment & Public Charge Rule

In the same breath, USCIS has confirmed that it generally does not consider unemployment insurance receipt as part of the public charge determination.  Department of Homeland Security (DHS) stated it does not consider federal and state retirement, social security retirement benefits, social security disability, post-secondary education, and unemployment benefits as public benefits under the public charge inadmissibility rule. The reason is that these benefits are “earned” and to qualify for them one must have contributed via employment and specific tax deductions.

The USCIS policy manual for public charge inadmissibility determination also clearly states that unemployment benefits are an “earned” benefit are are not considered under this rule.

USCIS Office Closures

Since March 18, 2020, USCIS announced the cancellation of in-person visits until at least May 3, 2020. Check with your local office to see if they’re up and running, and whether you can reschedule your appointment, schedule a new appointment, and how to go about rescheduling.

Although in-person services with USCIS are halted, their lockbox is still open for receipt of applications and petitions.  Unfortunately biometrics and medical exams cannot be scheduled at this time, which may delay the processing of any application or petition that requires finger printing or interviews.  For example, the I-765 Employment Authorization renewal can still be mailed for processing, and USCIS has indicated it would process work permit renewals using previously taken finger prints.

On March 27, 2020, USCIS announced it will extend the deadlines to any Requests for Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1st and May 1st, 2020 by sixty (60) days. This automatic extension also applies to Notices of Intent to Terminate (NOIT) and Notices of Intent to Revoke (NOIR). Certain field offices may have additional extensions that apply to even earlier notices. Check with your field office website or call the office for confirmation.

To contact USCIS, click here, or call (800) 375-5283. If you’d like assistance in the scheduling or rescheduling of your appointment, contact our office for advice.

ICE Office Closures

Immigration and Customs Enforcement (ICE) has announced that it will not be searching medical facilities, such as hospitals, for illegal immigrants.

Due to COVID-19, detention centers no longer allow “social” visitors to visit detainees.

Whether or not your specific field office is open, and whether you need to check-in depends on the location and your individual situation. If you have questions, please contact your designated office. If you need assistance in determining whether you need to make the visit, or someone to accompany you, please contact our office.

Immigration Court Closures

The Executive Office of Immigration Review (EOIR), or immigration court, in Los Angeles is currently only open for detainee hearings and filings.   If you have a pending case with the immigration court, and are not sure where you stand, you can contact the court or our office for additional support.

 

Finally, refugee entries have been restricted, and the asylum agreement with Guatemala has been stopped for the time being. If you have questions regarding how COVID-19 has affected your particular circumstances, do contact our office to speak with an experienced immigration professional.

Coronavirus Economic Stimulus Relief Check

By Jessica Suotmaa 0

Are you wondering if you qualify for the stimulus check from the new COVID-19 stimulus bill that was signed on March 23, 2020? The economic stimulus increased unemployment benefits and provides a round of payments to qualified Americans and their children, among other things.

In this article, we will answer the most common questions our readership may have related to the stimulus bill.

Q: Who qualifies for the relief?

In most articles, the wording is left at “Americans”, as in “Americans” earning a certain amount of money (below a threshold) qualify for the stimulus check.  But, what does “Americans” breakdown to mean? Does it include permanent residents? Or is it for citizens only?

A: Any U.S. resident who pays taxes and qualifies based on income restrictions will receive the relief check, including retirees and people on disability.

(more…)

Attorneys fees vs Out-of-pocket fees

By Jessica Suotmaa 0

When hiring an attorney, it’s important to understand what you’re promising to pay the law firm before you sign on the dotted line. The attorney fees and out-of-pocket costs will be listed in the retainer agreement, so it is important to carefully read the retainer agreement before agreeing to it. Many times attorneys will only discuss their fees and possible filing fees with the client, and fail to mention other out-of-pocket costs that could add up to a lot.

Firstly, what are out-of-pocket costs? These are the fees the attorney pays on your behalf while working on your case. It’s fees to third-party vendors, court fees, and sometimes even includes administrative fees.

Here’s are examples of possible out-of-pocket fees to give you an idea of what to look for:

  • court filing fees;
  • Messenger fees;
  • Transcript fees;
  • Deposition fees;
  • Mediation/arbitration fees;
  • Mileage and parking (for attorney appearances);
  • Postage;
  • Copying;
  • Medical fees (e.g. in personal injury cases);

As you can see, the above-listed fees are all costs that the attorney’s office would typically cover for you either with your deposit, or on “credit” to bill you later.

Now that we understand what out-of-picket costs are, how are they different from attorneys’ fees? Well attorneys’ fees are what the attorney earns from you, their wage, if you will.  How the attorney bills you depends on the type of case you have. We previously outlined the different billing methods in this article.

An important differentiation in our-of-pocket costs and attorneys’ fees is in cases taken on a contingency basis. In these cases, you don’t pay anything until there’s a settlement or judgement, at which point the attorney will take a percentage of your settlement amount.  If you do not win your case, your attorney won’t charge you any attorneys’ fees because there’s $0 from which to take their percentage.  However, you will still owe any and all out-of-pocket costs your attorney incurred while trying to win your case.

Do you still have questions on the topic of law firm retainer out-of-pocket fees or attorneys’ fees? Contact us today!

What Parts of Your Business Should You Evaluate Before Expanding Overseas?

By Lisa 0

After becoming successful, many companies to expand their business operations globally. In the US, most entrepreneurs fail within the first five years, so if your business is still standing—congratulations!  As a result, you might think because your business is successful here in America that you can easily spread your business out to the rest of the world. However, expanding into other countries just doesn’t happen overnight, and having success in America doesn’t always translate into successful foreign operations. There’s much to be examined in yours business before you should make the big jump. Here are a few things you can evaluate before expanding your business overseas.

Your Product

Don’t assume that because your product sells in America that it will universally sell everywhere. Do your research beforehand. Just about every global company tailors their products to different markets. For example, Samsung has what’s called “Made For India” which manufactures and sells products to suit average lifestyles in India. You have to give customers what they want. Read up on the culture, laws and regulations of the country you plan to expand into. From there, tailor your product and your marketing to the specifications needed to succeed in that country.

Your Leadership Team

Believe it or not, many businesses have business teams that aren’t very productive. While this doesn’t seem to stifle their success, having a strong leadership team can be the driving force to continued success if utilized properly.

Any well-functioning leadership team should be able to set the path going forward. While each team member has different functions they oversee, they should be able to come together and overcome any problems within the company. If they have trouble with these tasks, consider team coaching to develop your leadership team’s skills. Evaluate your leadership team on how they accomplish these roles and make changes if needed. Evaluating and investing in your leadership team is important, as the leaders’ decisions affect the rest of the company.

Your Employees

Don’t forget about your employees. Your employees are likely the reason as to why you’re in the position to expand your business in the first place. Employees will need to be notified about the international expansion as well as trained on any new tasks they will need to do in the future.

These are just a few of many things you’ll need to look at before going through with your overseas expansion. Again, this doesn’t happen overnight. Expanding your business overseas can be a successful venture if planned properly. Take the time to carefully examine the current state of your business and make needed adjustments before making the big jump.

 

Here’s another article you might like: Outsourcing, Offshore And Overseas: What Do I Need To Know?

Outsourcing, Offshore and Overseas: What Do I Need to Know?

By Lisa 0

Many successful entrepreneurs are faced with the eventual decision of taking their business global. Outsourcing and offshoring are two popular options for businesses to take their operations overseas. If you’re not familiar with the two terms, outsourcing involves moving some or all business operations to a third party whereas offshoring involves physically doing business in a different country.

Why People Do It

Although there are both benefits and risks to taking your business overseas, the benefits alone are enough for many businesses to go abroad. Businesses outsource their operations for several reasons but the most popular reason is to save money. This reason alone is why many companies with extensive manufacturing processes go offshore to foreign countries where manufacturing costs are cheaper.

While saving money is the main driving force for most businesses to hire outside the US, there are many other reasons businesses start operations overseas. Bilingual customer service, increased production, and establishing a foreign presence are just some of the many popular reasons why companies set their sights overseas. For example, some businesses find that offshore call centers are more affordable than their onshore counterparts. As a result, many businesses outsource call centers in foreign countries.

Why Some Avoid It

Problems can arise with outsourcing and offshoring operations to other countries. Even with modern technology, foreign workers are harder to manage, and there is the possibility that language and cultural barriers or even accents will frustrate customers. As a result, the quality can decrease, miscommunication errors arise, efficiency may drop, security risks to intellectual property may increase, and an overall lack of focus among employees can occur. This can lead to financial problems and customer complaints if the problem is not fixed.

Also, many US consumers feel that American companies outsourcing work to foreign countries is morally wrong. They believe American companies should strictly operate on American soil and benefit the economy here. By moving operations out of the country you could face public backlash and lose loyal customers as a result.

Should You Expand Your Business Overseas?

Just because it’s easier than ever to do business overseas nowadays doesn’t always mean you should jump right in. Before deciding if you should take any of your business operations overseas, you should examine your business and point out its strengths and weaknesses. If you feel like your business can benefit by going overseas then consider the ups and downs of conducting business overseas. Consider your consumer base and their preferences. Determine whether it’ll make your team more efficient and grow your business.

Taking some or all of your business operations overseas can be helpful or detrimental to your business. Before making the big decision, make sure you look at the benefits and risks and determine whether outsourcing or offshoring is right for you.

Looking to outsource your business? Schedule a business consultation with us today to determine any legal road blocks.

Choosing a Trustworthy Real Estate Agent

By Lisa 0

The services of a real estate agent can be very useful when you are looking to buy or sell a home.  Buying and selling a home can be a considerably lengthy and involved process. Having someone on your side  can save you a lot of time, stress, and money. Unfortunately, not every real estate agent has your best interests in mind. Finding the right agent is incredibly important.

They Should Act in Your Best Interest, Not Theirs

A real estate agent gets paid by selling and buying homes. Their commission comes from the type of house that you buy or sell. Not every sale is going to bring in a ton of money for an agent, but a good agent will look to help people. They shouldn’t be interested in making the most money that they can. It’s ideal to find an agent who will help you with your buying or selling process regardless of what they’re getting out of the deal. Choose an agent based on positive reviews from past clients who report that the agent put the client’s needs first.

They Must Follow Relevant Laws

A real estate agent who tries to skirt the law isn’t doing you any favors. Some agents will try to hide things about a home in order to complete a transaction. A dishonest agent isn’t going to benefit you. There are real estate laws that realtors must follow as they work to sell your home. When they don’t adhere to these laws, they can potentially get you in trouble.

They Should Be Easy to Get in Touch With

A real estate agent is essentially working for you. If you have a question at any time during the process, you should be able to get in touch with your agent. If they’re constantly avoiding your calls, giving you different information each time you talk to them or not being honest about a home that they’re showing to you, it’s time to find another agent who will be more trustworthy and helpful in your situation.

The market is flooded with real estate agents. From their perspective, it’s a great job to have. They get to set their own hours, work as much or as little as they want, and they can make a good deal of money from a few sales. Truly successful agents have a passion for helping people. These are the agents that you’ll be able to trust with your investment.

Here’s another article you might like: California’s Community Property Law And How It Could Affect Your Business

Should you schedule a free legal consultation?

By Jessica Suotmaa 0

Open any directory, or type in “lawyer near me” in any search engine and you’ll be bombarded with ads and offers for a “free legal consultation” with a qualified legal professional.  These advertisements often offer free-of-charge consultations for a specific time frame (“30 minutes”) or specific issue (“work place injury”).  They do not become your attorney just from the visit, but are willing to meet face-to-face to see if your case is worth pursuing.

In this article, we will discuss a few of the benefits and draw-backs of free consultations, their purpose, and whether you should schedule one today.

Why You Want a Free Legal Consultation

1. It’s free.

Everyone loves to receive something at no cost. The word “free” is irresistible to many of us, so it’s no wonder even legal professions will use it to attract new customers.  The problem is that many of those who offer free legal consultations are not lawyers. Those who are, may pressure you to retain them, put down a deposit, or obtain personal information from you.  They’re offering you their time, and they will play hard to make it worthwhile for them.

2. It gives value.

Speaking of worthwhile, free consultations can be worth your while.  Depending on your situation, you may not know if you have a “case”.  Perhaps you don’t have enough grounds to sue the other party, or you don’t meet the qualifications for an immigration application.

An attorney can tell you what you need to start petitioning for a relative, or how much time compensation you may be able to receive from an insurance company.  From this free consultation, you can then decide if you are ready to pursue your case, thus saving you time.

3. Free advice.

No doubt an attorney can provide good advice at a free consultation. However, if that consultation is limited in time, scope, or focus, will it be the best advice? Did you show the attorney all of your documents?  Did you bring everything you needed to bring? Are you familiar with the forms already?

Is the attorney familiar with your type of case? With free consultations, because the attorney is already offering his or her time for free, it is unlikely that the attorney will invest extra time on researching your issue before your appointment.  Most likely, your visit will be limited to general advice that you may be able to obtain over the phone.

4. Passionate help.

A face-to-face meeting with your potential attorney can be an excellent method for gauging whether the person is willing to help you.  Is the attorney passionate about the topic? Is this his or her preferred industry? Does the attorney’s face light up with excitement when asking you questions? Or does the attorney’s voice boom with anger for your injustice? Only by meeting with the attorney can you decide whether he or she will be an advocate for you.

However,  certain law firms operate like an assembly line. They will have an attorney who specifically “baits” clients,  charming you into signing a retainer with the firm, and then turning you over to another attorney.  They may not even have a single attorney for you, but rather a team of representatives and legal assistants who work on your case.  If you want a specific person to work with you, it’s important to make that request at the meeting and to only sign paperwork that reflects your request.

5. Many options.

Here in San Gabriel Valley, we have an abundance of attorneys who can help you, many of whom do offer free consultations.  This is great news for you, as long as you select one or two attorneys to consult with, rather than a whole list.

We have encountered potential clients who will pull out a phone book and call every single law office listed and ask the same questions.  This exercise is not only a waste of your time, but it is a waste of the attorney’s time.  There is a limit to price hunting and asking for second opinions, and you should know that the time spent on calling, scheduling, and meeting with multiple attorneys and paralegals could be better spent on a single attorney working on your case.

What is the Verdict?

Overall, a free legal consultation can be of value if used appropriately. Know the limitations of a free consultation and don’t waste too much time looking for the perfect offer.  Most cases need to be handled immediately, requiring the attorney to drop everything to work on your case.  As a result, you want an attorney who isn’t busy scheduling free consultations and providing free advice over the phone to clients shopping for free consultations.  Food for thought.

 

Why the Order of Business Matters

By Jessica Suotmaa 0

Did you ever wonder which came first, the chicken or the egg? Similarly, you may have wondered if you should be filing your company with the State or with the Federal Government first? Or perhaps they’re just one and the same?

They are not.

There is an order which you should follow, but consultants offering quick and helpful tips will tell you to register for a tax identification number first. After all, if you’re a small business owner just getting started, you need your tax id to open a bank account and give to vendors to receive payments. Obtaining a tax ID may be your primary concern and all that other paperwork can be handled by them.

Note: Most banks require your State registration documents to open a bank account.

You pay them to set up the tax ID for you, and you don’t hear back unless there’s a problem–but usually there isn’t and you obtain your tax ID immediately.

Note: You can apply for a business tax ID for free on the official government website.

Then a month later, you may discover that you cannot use the name of your business. Someone else has already claimed it but you didn’t know because you didn’t check the name on your local State’s Secretary of State website.  It’s a quick and free search that prevents you from pursuing registration for a name that is not available to you.  In other words, it prevents you from wasting time and money.

So now what? You have to change the name on your tax ID because it doesn’t match. You may have to change website domain names, email names, logo designs, business cards, and other promotional material in which you’ve already invested.

Not ideal.

To avoid a situation where you have to back track, start the process the right way.  The correct order for starting a business in California is as follows:

  1. Determine your business needs by the type of business you’ll be doing.
  2. Talk to a professional (such as an attorney) about the best way to organize your business (e.g. partnership, LLC, corporation).
  3. Decide on the organization and tax methods.
  4. Decide who will be the primary responsible person.
  5. Decide on a company name, trade name or “doing-business-as” (DBA) name.
  6. If applicable, search the State’s Secretary of State business website for the business name of your choice.
  7. If the name is available, prepare documents for registration.
  8. Pay applicable fees.
  9. Wait for the documents to arrive.
  10. Apply for the Employer Identification Number (EIN), aka “tax ID”.
  11. If applicable, order a copy of your corporate book.
  12. If applicable, order your marketing materials.

Starting a business can be challenging. While it’s tempting to allow companies that offer package deals to do-it-all for you, it’s important to realize you need to know what they are doing for you. Is it to your advantage? Will your business outgrow the model? Is the organization or tax method appropriate for your type of business? Consult a business attorney for professional advice.

Is Your Passion a Side Hustle aka Business or Just A Hobby?

By Jessica Suotmaa 0

While the term “side hustle” has become the new description for “gig” or “moonlighting” for professionals who try to earn an income on the side, the term itself does not mean it’s a business.  Why does it matter if it’s a business or not? Why does it matter if your cupcake blog, youtube vlog, or instagram influencer campaign is making any real money? The answer is that it doesn’t, until you have to file federal income taxes with the Internal Revenue Service (IRS). Come tax season, you should know if your side hustle is a legitimate business or just a hobby you are passionate about.

Why You’d Want to Have a Business

If you’re still not clear as to why you’d want your side hustle to be considered a legitimate business for tax purposes, then it’s time to brush up on deductions.

When you have a business, even if it’s a gig you do on the side to supplement your income, you tend to have expenses. Those expenses could be your space, your time, your equipment, the dollars you spend at a coffee shop to get work done outside the home, or advertising.  If you’re hustling on the side without it being a “business”, those costs eat into your profit margin.  You still have to report your income, but you can’t deduct any investments, expenses, or losses.

If you have a business, then suddenly you can deduct your startup expenses, your losses, and you can even rollover your losses to a previous or future tax year to reduce your overall tax burden.  In short, you can pay less taxes.

Is My Hobby a Business?

Generally, the IRS determines your side hustle or freelance gig is a business if it meets these five requirements:

  1. You dedicate sufficient time and effort into the “business”.
  2. You have the ability/skill/certification necessary to run the business and make a profit.
  3. You perform the side hustle for the purpose of earning a profit.
  4. Your side hustle generates a profit in three out of the last five years.
  5. If you do not make a profit, you make changes to improve your profitability.

What this means is that if you have a side business that doesn’t make a profit in the sense that you spend more on materials, equipment, and space, causing you to actually lose money or not earn much from your business, then it is a hobby.

A good example is someone we know who has a full-time job, but on the side makes soap to sell online.  She has a designated space in her home where she has her office and “laboratory” for making soap, so she deducts rent/loss for her space as a business expense.  She would also deduct her expenses, such as soap materials, equipment she needs, and all costs related to her online sales.  After deducting all her expenses, it turns out she’s really not making much out of her essential-oil all-natural soap business.  However, she enjoys making soap. It’s a calming activity that is like meditation for her.  If our friend does not improve her strategy, reduce her expenses, and sell more soap so that she can earn a profit, she stands to lose her deductions and owe full taxes on her hobby income.

Don’t Let Your Startup Become a Hobby

When founding a startup, it’s important to keep in mind that if it’s too hobby-like, and doesn’t generate a profit in two years, then you may lose your business deductions and owe federal income taxes.

Have questions? Talk to a tax law specialist today!

When it's too good to be true

By Jessica Suotmaa 0

Whether the problem you’re trying to solve is immigration, copyright, or business related is irrelevant when it comes to the importance of Too Good to be True.

It can apply to the paralegal who offers simple solutions to your immigration non-status, promising to handle everything from beginning to end–and for an affordable price!

It can apply to the intellectual property processor who guarantees your intellectual property is all safe with just a single filing–saving you thousands in filing fees!

It can apply to that business opportunity where a small investment on your part guarantees a monetary investment from them–and business! You’ll receive thousands of leads and buy-ins and will earn a fortune in just a few months–no weeks!

If it sounds too good to be true, then it probably is exactly that.

Our law group is one of the few long-lasting law offices in San Gabriel Valley, and a good percentage of our clients have fallen into the trap of “if it sounds good, I’ll take it!” and failed to heed the good ol’ rule of too good to be true.  As a result, clients are often referred to us after sinking tens of thousands of dollars into a failed project that another attorney guaranteed, an immigration application they thought would result in a green card, or a business they thought would fund their retirement.  Instead, they’ve not only lost their initial investment, but they’ve possibly hurt their chances for obtaining the benefit they originally sought. This is especially true for immigration.

As such, we urge you to not believe everything everything they’re selling you and listen to that gut feeling that tells you, this must be too good to be true!

 

Let's shake on it

By Lum Law Group 2

If you were applying for a green card in the past, you could do it yourself. However, today you need competent counsel to help you.

Our current government is changeable, as evidenced by the new eighteen-page I-485 Adjustment of Status form–as opposed to the old six-page form.  Now, the need for an attorney begins before you submit that application, not after when you encounter problems.

When you decide to marry a US citizen or non-citizen, that’s when you need to talk to an immigration lawyer.

At Lum Law Group, we care about our clients. We want to help you safely navigate the landmine that has become the immigration process.  Contact us today to find out how we can help you!

Man and woman

By Justin Lum 1

Family Based I-130 – Reminder to parents!

It is important to keep records of the care you give your children, even when divorced.

We recently helped a client to obtain permanent resident status based on a petition from the U.S. citizen child as a divorced parent who did not have custody of the child.

A commonly overlooked requirement for a U.S. citizen child petitioning for a parent to adjust the parent’s status to a permanent resident is that the parent must demonstrate parental support of the child. This support can take many forms:

  • monetary support to the family,
  • payment of school fees,
  • other kinds of support, even signing off on a report card.

All these items demonstrate evidence of parental support that is required for approval of a such a petition. So, keep your records:

  • keep receipts,
  • if you wire cash, keep copies of the wiring instructions,
  • receipts from payments to schools,
  • purchases of clothing.

All these could mean the different between an approved petition and denied petition for your adjustment of status. At Lum Law Group it is the small things to which we pay attention in order to help you achieve your immigration goals.

 

亲属移民申请（I-130）。即使离异，你对孩子的关爱也是一种重要记录。我们最近帮助一名客户获得了美国永久居住证，而这名客户离了婚并且没有孩子的监护权。但是通常忽略了美国孩子为父母申请永久居住权时，需要证明父母对孩子的支持帮助。这种证明要填写很多表格，家庭收入、学费支付、甚至离职报告卡;所有这些项目都是证明父母愿意抚养孩子必要的证据。所以保存好你的想送记录，比如收据，汇款单据复印件、学费单据、买衣服的发票。这些可能意味着申请通过还是被拒绝。

林律师集团致力于每一件小事，帮助您达到移民的目标。

House of Representatives

By Justin Lum 1

Yesterday the Supreme Court made it easier for patent litigation winners to obtain their attorney fees from the losing party in “exceptional” cases.

Although there are standards to be met, the Supreme Court has, in overturning the Federal Circuit, given more power to both plaintiffs and defendants when there is misconduct by either party during the litigation, regardless of whether it is sanctionable.  The Supreme Court has stated that a case with merit-less claims or (rather than “and”) brought in subjective bad faith, may warrant an attorney fees award. Ocean Fitness v. Icon Health.

 

昨天最高法院推进了一项法例，在特殊专利诉讼中，获胜方可以从败诉方获得律师费。尽管条例标准即将出台，最高法院已经赋予原告和被告更多权力，当在诉讼中他们中的一方因另一方的不端行（无论是否该受到制裁）而受损害时。最高法院已经表明在案件中，其中一方无价值的陈述或着带入主观错误观点，可能会奖励另一方律师费。

Choose someone professional

By Justin Lum 3

IMMIGRATION – ASYLUM APPEAL
Recently I appeared before the Ninth Circuit for oral argument on a immigration appeal where my client was originally granted asylum, but the case was reopened on a motion by the government and subsequently the trial court found he had filed a frivolous asylum application but still granted him withholding of removal. After appeals by both my client and the government, the Board of Immigration Appeals affirmed the frivolous asylum filing but overturned the withholding of removal grant, which led us to the Ninth Circuit. Right now it is uncertain how the Ninth Circuit will rule. But the main lessons from this case? Use a competent immigration attorney to prepare your immigration documents and know what is in your document before you sign it.

In the situation above, the problem was that when my client first decided to apply for asylum, he didn’t know anyone, so he was referred to a “service” that helped prepare asylum applications. My client provided a statement, but the company decided to alter it and then told him he had to abide by the altered statement or else. My client, a new immigrant, was terrified and didn’t know to whom to turn, and thus, from fear, did what he was told to do.

In the end, the principals of that “service” went to jail for a some years, and my client…faces a lifetime ban on living in the United States with his U.S. citizen wife and U.S. born child. All this because he relied on a “service” that skirted the laws and didn’t really care about the effects on those it was supposedly there to help.

And that is why for any immigration issues you need to use a competent immigration attorney. The attorney has his own license and reputation to worry about. Because of that he is going to honest and open with you and do what is necessary for your case, without putting you in a position where they can lose everything, as happened in this.

In the end the victim of persecution has become a victim of those who are supposed to be helping him, possibly preventing him from even finding any legal alternative to obtaining lawful status in the United States.

在第九巡回法庭展开一场关于移民诉讼的辩论，我的一名客户原本获得了庇护，但政府和预审法庭后来发现他填写的庇护申请过于草率时请求重新审理案件，但依然给予了暂缓递解。后来客户和政府进行了多轮申诉。移民委员会上诉证实了草率庇护，取消了暂缓递解。因此我们只能寻求第九巡回法庭。现在不确定第九巡回法庭会如何判定。但我们可以从这个案件中认识到，找一个有能力的移民律师来帮助准备你的移民文件，让你在签下这些文件前知道这些文件是干什么的。

在上面的情况中，问题出在当客户决定申请庇护时，他不认识任何人可以估这件事，因此他找了一个可以帮助他准备庇护申请的服务机构。客户提供材料，但这家服务公司决定篡改材料，然后告诉他必须承受篡改文件的后果。我的客户是一名新移民，听到这些就吓坏了，也不知道可以向谁寻求帮助，别人叫他做什么他就做什么。

最后，这家服务机构的负责人坐牢去了，同时我的客户面临着在美国终身监禁，他和他的美国妻子已经生了孩子。所有这些都是因为他找到的这家服务机构在跟法律打擦边球，而且不真的关心那些可能会产生什么后果。

这就是为什么任何移民都应该找一个有能力的移民律师。并且应该关心律师是否有自己的执照和声誉。因这样的律师才会诚实做事，全力帮助你做你关心的事，不会将你置于他们可能会失败的情况中。

最后这名受迫害的人已经成了他曾寻求帮助的人的受害者，可能阻碍他在美国寻求法律途径获得合法身份。

Happy Immigrant

By Justin Lum 0

Immigration procedures are long and complicated, and they usually take a lot of time to complete. Even after you’ve completed the form filling, the time you have to wait for approval is an exceptionally long one. In some cases, the approval may take a few months or even several years. At other times, people have their immigration application rejected because they haven’t completed the procedures properly or because their immigration application was lacked something.

Another complicated aspect about immigration is that the immigration laws are constantly reviewed an updated on a regular basis. These laws change frequently depending on the political state of the country, and the country’s stance on immigration. Without knowing about these law updates, it’s very risky to apply for immigration on your own. You might end up in a mess if you haven’t read the latest immigration laws of the country and that might result in deportation or legal action against you as well.

In such cases, it’s necessary for people to hire an immigration law attorney for themselves. These immigration law attorneys are well-versed with the immigration laws of your country and they know all about the immigration application procedure. These immigration attorneys dedicate ample of time to help you get your immigration approval and are a good source of guidance when it comes  filling out the immigration application.

Some people might also need to provide referrals for the immigration application. Individuals who have something lacking in their application might need to do so. Even in such special cases, the immigration law attorney can help you by providing you with the references you need for the application. These attorneys will also be able to refer you to some prep courses that you will need to take in order to pass the citizenship test you’ll have to sit for, once you’ve handed in your immigration application.

When you have an immigration law attorney involved with your immigration application procedure, and your application is rejected, the attorney will be able to appeal against the rejection. The lawyer can complete all the paperwork promptly and you’re even safe from the risk of being deported immediately. The lawyer will try to do everything he/she can to ensure that the decision is entirely in your favor and the court verdict is positive for you.

When filing for an appeal against a denied application, people might have to present themselves in front of immigration authorities. The immigration law attorney will be able to guide you about how you need to present yourself, while focusing on representing you to the authorities as well. The lawyer will be able to keep you updated about the progress of your appeal and will inform you about any hearings that you will have to attend.

These are just some of the general reasons why one might need to hire an immigration law attorney for themselves. Everyone has different reasons for hiring an attorney to represent them, but the bottom line is that an attorney’s assistance in immigration applications can save you from a lot of trouble and might even speed up the approval process for you.

 

移民流程不但漫长，而且复杂，通长要花很多时间才能完成。甚至在填写完文件之后，等待审核的时间也相当漫长。在某些情况下，审核可能要花上数月甚至数年。其它时候，有些人的移民申请被拒绝是因为没有正确完成移民手续，或着因为缺失一些文件。

另一个复杂的事情就是与移民相关的法律经常更新，和对更新后的法律解读。这些法律会根据国家的 政治形势和国家移民立场经常改变。如果不知道法律已经更新，自己去申请移民是一件风险的事情。如果没有了解国家最新的移民法，可能最后你会感觉一团遭，还会导致被驱逐出境或着引起不必要的法律麻烦。

在这种情况下就需要雇一位移民律师。这些移民律师对你国家的移民法非常精通，他们了解所有关于移民申请的步骤。而且他们愿意奉献大量时间来帮助您的移民申请能过获得通过，在填写移民申请的表单时也能给予好的指导。

有部分人的移民申请可能需要提供一些参考资料。他们缺少了一些申请可能会需要的东西。甚至在特别的情况下，移民律师能助你提供移民申请会用到的参考资料。一旦移民申请被接受了，律师也会给您推荐一些准备课程，帮助通过公民入籍考试。

当有移民律师参与到你的移民申请过程中来，就算申请被拒绝，律师也有会帮你上诉要求驳回拒绝。律师能书快速帮你完成文书工作，甚至让你立即避免被遣返的风险。他们也会尽最大努力做对你有利的任何事情，让法院做出对你有益的裁决。

当申诉拒绝申请时，当事人可能需要在移民局上出席，移民律师会指导你怎样在法庭上陈述自己的观点;当然，也可以代表你出席。’律师会留意申诉的最新进展，需要出席听证会时也会尽快通知你。

这里只列举了雇一位移民律师的常见理由。每个人雇律师的原因不一样，除了可以在移民申请提供专业法律援助外，也可以帮你省去很多麻烦，甚至提高申请审核速度。

If you’re looking for the services of a a reliable immigration law attorney, you should visit Verdin Law. Verdin Law will be able to provide you with all the information you need in this regard, on their website http://www.verdinlaw.com

Article Source: http://EzineArticles.com/?expert=Aisha_A_Rahman
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