public charge rule and covid-19

By Jessica Suotmaa 0

The “Public Charge” rule in a nutshell is how new green card applicants will be judged based on how financially self-sufficient they are, and consequently how likely they are to become reliant on welfare.  We have previously covered the new Public Charge Rule that was to be enforced since February 24, 2020:

With our current situation due to COVID-19, at least our home state of California has widened the reach of unemployment benefits and even announced an eviction moratorium until September 30, 2020, it’s hard to imagine the possibility of a long-time awaiting immigrant to lose the opportunity of permanent residence in the United States due to coronavirus induced financial difficulties.

Many have suffered job losses, illness, and other hardships as a result of the COVID-19 pandemic, which was declared a public health emergency on January 31st, 2020.  Here’s what we know:

On July 29th, 2020, a federal judge blocked the “Public Charge” rule from being enforced.  This block also applies to the rules regarding private health insurance for visa applicants.

United States Citizenship and Immigration Services (USCIS) announced the following:

  • USCIS will not reject or deny any green card application (form I-485) based on the public charge rule, even if it was filed after February 24, 2020;
  • USCIS will not reject or deny any green card application that is missing the new public charge form (I-944) or includes incomplete information;
  • USCIS will continue to process permanent residence applications according to rules prior to the release of the Public Charge Rule;

In the same announcement, USCIS stated that it would apply the Public Charge Rule to applicants applying from abroad after February 24, 2020.

 

If you have any questions regarding your green card application or the Public Charge Rule, please contact our office to speak with an experienced immigration specialist.

how do I change my business model?

By Jessica Suotmaa 0

As California businesses have slowly been allowed to reopen, many business owners are not sure if they can continue as they have. Whether it’s due to the new COVID-19 restrictions for their industry, or fears as to whether customers consumption appetite has changed, business owners are now taking time to analyze how the pandemic will continue to affect their business. If you are a business owner concerned with whether you can continue your existing business model under the “new normal”, we can help. Not only are we able to advise you on your business and the possible implications of reopening, but we have also compiled a list of points to consider if you want to change your business model.

1. Legal Entity Type

If you’ve already determined that your current business model will not be sustainable in the long run, and have already decided to change it, then there are legal issues to consider.  The first is whether you can continue to operate the business with its current legal entity type. An experienced business attorney can be of help in making this decision, for if your current legal entity type is unsuitable for your new business model, you will need to establish a new business entity.

If you do need to establish a new business entity, you’ll have to figure out what type of business entity is more suitable than your existing one (and why!) Finally, you’ll have to decide on the relationship between your existing business entity and the new one, for example, it could be a subsidiary, or “sister”, company.

2. Employment Law Compliance

Once you’ve outlined your new business model, the type of legal entity it requires, you’ll need to see whether there are additional labor laws associated with this new model.  If, for example, you’ll be hiring remote workers instead of in-office workers, you may need to consult state and federal employment laws regarding the physical location of your employees. Don’t make drastic changes without verifying your business is in compliance with existing laws.

Be sure to update your human resources department, or employee guides to reflect changes required by your new business model.

During the COVID-19 pandemic, you also want to keep up-to-date with current and upcoming changes to pandemic-related employment laws, such as the Family First Coronavirus Response Act.

3. Contracts

Before making a pivot, see that the change in business model and activities do not break any existing contracts you have that may limit competition (e.g. non-competition clauses in certain industries). Have a contract attorney check your existing contracts before making the final leap.

Finally, before executing new contracts, consider adding provisions that may help with the COVID-19 situation, such as termination clauses.

4. Permits

When planning your business pivot, verify that you have all the permits necessary for the new business model to operate.  Also, consider if there are any regulations that may now affect your business due to the change, such as online marketing restrictions (FTC regulations).

5. Data Privacy

If your business is going online for the first time, it might be important to familiarize with data privacy laws, especially regarding the safety of your website and regulations regarding personal identifiable information (PII).

6. Intellectual Property

Generally there are two types of intellectual property issues a new business model may trigger, the first is licensing for music or other property used in media (e.g. podcasts, videos), and the second is trademarks for your new logo, etc. Read on for why you need to protect your intellectual property. 

 

As we gradually transition from quarantine to the new post-coronavirus “normal”, we all have to consider new ways of doing things for our small businesses. If we, at Lum Law Group, can be of any assistance in helping your business survive the pandemic, please contact us and we would be happy to be of assistance.

Do I need proof of residence/citizenship to get tested for COVID-19?

By Jessica Suotmaa 0

If you think about the documents you need to obtain healthcare in the U.S., you might wonder if you need the same set of documents to get tested for the new coronavirus.  Any trip to the doctor would require filling out forms, some sort of identification, and a health insurance card (if you have one).  The forms will often request a social security number or other questions regarding your citizenship.  As such, it’s natural to wonder what forms (if any) you would have to fill out to obtain free COVID-19 testing in Los Angeles county.

It doesn’t hurt to try. We put it to the test, and made an appointment through the local Los Angeles county website. We read the FAQs, just to be sure, and we scheduled an appointment for a drive-through appointment not too far from where we’re located in Pasadena.

To be clear, there is a requirement that you are resident of Los Angeles county for Los Angeles county testing.  Each county will require an address that is within the county. Certain cities have their own tests, such as Alhambra city’s recent announcement, which would require you to be a resident of their cities.

However, you are not required to show proof that you are a resident, like an utility bill or lease.

As far as we know, all free testing sites currently require an appointment.

You fill out the form online and it requires:

  • your name
  • your date of birth
  • your home address
  • your phone number
  • your email (optional for results)

Note: It asks for your email so it can provide you negative test results via email and your phone number for positive test results. If you do not have an email, either will be provided via phone. 

Then, you choose a testing location closest to you. Site locations range from Los Angeles city to Long Beach to Pacoima.

Available testing dates depend on the location. For example, in San Gabriel Valley, the soonest appointment was four days away, but in Los Angeles city we were able to find a next day appointment.

After you schedule the appointment, there webpage provides a confirmation number which you should copy, print, or note down for your visit.

You will need to bring an ID to verify, but it can be a passport, or any form of identification that will allow the medical staff to ensure you are given the correct test results.  Your information is kept private and is protected.

Do you have other questions about COVID-19 and your immigration status? Contact Lum Law Group today. We’re here to help!

Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis

By Lum Law Group 0

Your Immigration Status and Unemployment Benefits in California during the COVID 19 Crisis (and can your medical care during the COVID 19 crisis make you inadmissible)

As we are all aware, California is under lockdown and stay safe provisions whereby only essential workers, such as healthcare and supermarket employees, are allowed to work. As a result, our economy has entered a recession with a record number of employees being laid off or furloughed leading to a record number of unemployment claims.

The question is, if I am not a U.S. citizen, can I claim unemployment? Will it affect my ability to become a permanent resident and/or a U.S. citizen even if I can claim unemployment? Does unemployment constitute a public charge under immigration laws?

1. Can I claim unemployment?

In California, in order to claim unemployment, one central question is can you be employed if you were offered a job? If the answer is “yes,” you can receive unemployment compensation.

What this practically means is that you are either a permanent resident (who automatically has a legal right to work), or you otherwise have legal status to work, i.e., have a work permit, although you are not a citizen, or permanent resident. Examples would be asylees, refugees, individuals who have been granted withholding of removal; people awaiting adjudication in Immigration Court who have qualified for a work permit. These individuals have a right to work, but must obtain a work permit to do so.

Therefore, these individuals can receive unemployment benefits. So long as the work permit is valid, they would be able to be employed and therefore can obtain unemployment benefits.

Unfortunately, this also means that if an individual is out of status, even if the individual managed to hold a job despite not having a work permit, she will not be able to make a claim for unemployment because she does not have a legal right to work and could not work in the future.

2. Will receiving unemployment benefits prevent you from becoming a permanent resident or U.S. citizen? No.

In February 2020, this year, the present administration passed a new rule, stating that anyone who is classified as a “public charge” is inadmissible for certain immigration benefits. This includes individuals applying for permanent residence under a relative, or individuals attempting to enter the United States under an immigrant or nonimmigrant status. First of all, the public charge disqualification does not apply to permanent residents applying for citizenship.

Although this blog is not discussing all the ways someone can be classified a public charge, one often misunderstood condition is the use of public money. This can be in the form of Medicaid, food stamps, SNAP benefits, among others. However, what has been determined is that unemployment benefits are not classified as “public money” that would disqualify an individual as a “public charge”. Therefore, those individuals eligible to claim unemployment should do so. Unemployment benefits are not a public charge for immigration purposes.

3. Public Charge and COVID 19 medical care – Medical care under such circumstances is not a Public Charge

As stated above, typically use of services like Medicare would be considered in determining an individual’s inadmissibility as a “public charge”, however, USCIS has stated that any individuals who receiving testing, treatment and preventive care (including a vaccine if one becomes available) for COVID-19 will not be considered in the public charge test, even if the treatment is provided or paid for by one or more public benefits, such as Medicaid, for example. Therefore, medical care paid for by public funds is not a Public Charge where individuals can show medical care was related to COVID 19 testing, treatment, or medical care.

Can I get a covid-19 stimulus check if I'm undocumented?

By Jessica Suotmaa 0

On April 15, 2020, California Governor Newsom announced that undocumented adult immigrants will receive a $500 stimulus cash payment from the State. As previously discussed, many undocumented immigrants do not qualify for the federal CARES ACT stimulus check.  Undocumented immigrants also do not qualify for unemployment insurance benefits.  As a result, California will distribute $500 dollar stimulus checks, up to $1000 per household, to undocumented Californian immigrants.  This money will come from the state’s 75 million dollar disaster fund and supplemented by a 50 million dollar donation by philanthropists for a total of 125 million dollars.

The announcement states that the fund will begin accepting applications in May 2020, and approximately 150,000 undocumented immigrants will receive the cash payment.

It was not clear to us exactly how these 500 dollar cash payments will be distributed, but with some digging, we found a list of “relief funds” for undocumented immigrants. The list is in English, Spanish, and Chinese.  According to the list, there are national relief funds and local relief funds available to undocumented immigrants who meet the listed requirements. We are not sure at this time if these funds are one of the avenues for the California relief payments, but they may be worth checking out regardless.

If you have questions about California’s guidelines and regulations on shelter-in-place, essential work, staying safe, etc., you can refer to California’s Immigrant Guide.  The guide includes information on the public charge determination, which has been translated into several languages, including Chinese, Korean, and Tagalog.

Some key notes we identified from the California immigration guide include:

If you need COVID-19 testing but don’t have private health insurance…

“Even if you are undocumented and/or don’t have insurance, you can get necessary testing and treatment for COVID-19 through Medi-Cal emergency services, even at a local clinic.”

If you have Medi-Cal, but aren’t sure what’s covered…

“Emergency services are free for enrolled Medi-Cal beneficiaries which includes COVID-19 testing, evaluation and treatment services.”

If you don’t qualify for unemployment insurance benefits because you’re undocumented but you tested positive for COVID-19, are caring for a family member who is sick, and so forth…

“Undocumented immigrants may be eligible for State Disability Insurance (SDI) and Paid Family Leave.”

If you cannot afford to pay rent due to the COVID-19 pandemic…

“Under the Executive Order, you are still required to eventually make up rental payments you miss, but you will not be evicted for nonpayment of rent until at least June.

In order to qualify for the eviction protections, you must notify your landlord in writing within 7 days of your nonpayment that you cannot pay all or part of your rent due to COVID-19. For example, if your rent is due April 1st, then by April 8th.”

How has COVID-19 affected U.S. immigration? Are you a small business owner with questions on how to manage it during the pandemic? Do you have other questions regarding COVID-19 and how we can assist you? Contact us today. We’re here to help.

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.

COVID-19 Relief for Small Business Owners and Employers

By Jessica Suotmaa 0

With the current COVID-19 pandemic, the closing of non-essential businesses, and the fears for an upcoming recession, many small business owners are either suffering, or preparing to suffer. We, at Lum Law Group, are in the same boat. We are also a family-owned small business with few employees that, for the most part, caters to our local community.  While we are still answering calls and helping existing and potential clients, we share the same concerns as our clients, our employees, and our fellow small business owners.

In this article, we have outlined relief and resources that may assist small business owners during these difficult times. We would like to remind you that you can call us if you need assistance with vendors, landlords, or any other COVID-19 related issue. We are here to help!

Payroll: Paycheck Protection Program

Part of the CARES Act was to fund the Small Business Administration (SBA) to provide assistance to small business to continue to make payroll.  The SBA’s Paycheck Protection Program (PPP) allows businesses with fewer than 500 employees to borrow money specifically for payroll.  Less than twenty five percent of the borrowed amount can be used for other things, such as mortgage interest, rent, and utilities. You can borrow enough to cover an eight week period, which must be used within eight weeks after receiving the funds.  Loan repayments are deferred for six months.

While applications opened today (April 3, 2020), SBA announced that self-employed individuals and independent contractors will not be able to apply until April 10, 2020.

Payroll: Defer Paying Social Security

If you are self-employed, or have employees, you can defer making the social security portion of employment taxes for the time being.  This would mean a reduction of 6.2 percent tax paid on wages. The deferral allows you to pay the deferred amount over a two and a half year period, where half of it would have to be paid by December 31, 2021 and the second half by December 31, 2022.

Payroll: Keep Paying Your Employees

As part of the new economic stimulus plan, if you can prove that your business has lost fifty percent or more in profits due to coronavirus, your business can qualify for a “prize” for retaining your employees. Even if your business is closed, if you keep your employees on payroll, you can qualify for up to fifty percent of your employee’s wages.  This “prize” for keeping payroll not only helps your employees who may not be able to work from home, or may not have much to do.

As an employer, you will receive the prize in the form of a tax credit on your business tax return.

Note: Businesses that receive a SBA loan will not qualify for this tax credit.

Tax Deduction: Restaurant, Retail, Hotel

If you are a restaurant, hotel, or retail store owner, you can prepare and file amended tax returns to deduct the cost of property improvements. This deduction was supposed to be part of the 2017 tax overhaul anyway.

 

As you can tell, most of the available relief is for employers.  If you have questions about California unemployment benefits for independent contractors and self-employed individuals, please visit the EDD website. If you would like to learn more about the “stimulus check”, please read our post here.  If you have issues with vendors, landlords, business partners, etc. please contact us for how we can help you. Together, we can get through the crisis!

What Can We Help You amid COVID-19 Pandemic?

By Lum Law Group 0
Are you a small business and are having problems with cash flow, meeting payroll, or just dealing with expenses due to the COVID-19 pandemic?   The Small Business Administration (SBA) may be able to help.  Go to sba.gov for more information.
In the meantime if you need help dealing with customers and vendors over payment issues, we can help you.  Please call us at 626-795-8886 and we can set up a phone conference and see how we can help you and your company.
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…)

Coronavirus: Can I be fired?

By Jessica Suotmaa 0

Due to the coronavirus pandemic, companies have lost business, sales have gone down, and profits have plummeted. As a result, many are cutting costs by reducing work hours, or even their workforce. Here in Southern California, we have encountered questions from you regarding job loss, such as:

“Can my company let me go for no reason?”
“Can I be fired because of the coronavirus / COVID-19?”
“Can I fight back if my company lays me off for no reason?”

Also, on March 17th, 2020, Governor Gavin Newsom signed an executive order regarding this issue. If you’re working in California, please continue reading as we explain the ordinary situation, and the current situation.

California is “at will”

Unless you have an employment contract specifying employment terms, such as the length of employment, or specific dates of employment, you are subject to the “at will” employment terms in California state.  What “at will” means is that you can be let go at any time, for any reason–or alternatively, no reason at all, at the employer’s will.

Given this, the short answer to all of the questions above is: “yes”. You can be let go, for no reason at all, by your employer due to the coronavirus.

If you do have an employment contract, be sure to see what the terms state regarding breach of contract or early termination.

What is Cal-WARN Act?

If you’re an employer, the executive order signed on March 17th, 2020 will help you.  The order modifies the existing Cal-WARN act to cover COVID-19 (coronavirus).  California Worker’s Adjustment and Retraining Notification (Cal-WARN) originally applies to California employers with more than 75 employees, including part-timers.  Under the act, qualified employers must provide 60-day notice to its employees prior to closing the business operations at the employee’s location, relocating operations to a location more than 100 miles away, or terminating more than 50 employees in a 30-day period.

However, the Cal-WARN act does not cover physical calamities or acts of war, which could be an exception the COVID-19 pandemic falls under.

Violation of the Cal-WARN Act could entitle employees to back pay and cash equivalent to benefits for up to a 60-days or one half of the employee’s employment period (whichever is shorter).

Relief for Employers

The executive order signed by Governor Newsom went into effect on March 4th, 2020, when California officially declared a state of emergency.  Most notably, the order suspends the 60-day notification requirement to employers who meet certain requirements, such as:

  • Prior to termination, relocation, or mass layoffs, the employer notifies affected employees, Employment Development Department (EDD), the local workforce investment board, and the chief elected official of each city and county government.
  • If the employer cannot give 60-day notice, it is required to provide notice as soon as possible, with a brief explanation as to why it cannot adhere to the 60-day requirement.
  • The employer is terminating, relocating, or laying off employees due to circumstances caused by COVID-19, that were not reasonably foreseeable.
  • If the employer is providing notice after March 17, 2020, the employer must include the following statement in the notice:

“If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UY and other resources available for workers is available at labor.ca.gov/coronavirus2019.“

If you have any questions regarding unlawful termination, how to handle mass layoffs, or just questions regarding the legal aspects of covid-19 and how it may affect your employment or employees, contact us today!