3 Interview Questions to Stop Asking in California

By Jessica Suotmaa 0

If you’re a small business owner who isn’t accustomed to hiring, you’re probably unaware that many of the common interview questions from “back in the day” are now illegal to ask in California. We’ve divided this article into two sections: the three questions you need to stop asking now, and the three questions you should’ve stopped asking yesterday. Read on for how you can protect your business from employment discrimination claims.

Stop Asking These Questions Today!

1. “What are you making now?” Or, “How much were you making at your previous position?”

Remember when job ads would require a “five year salary history” in the cover letter? Those days are gone in California.

Previously, hiring managers might ask how much a job candidate was making, or is currently making, and decide which candidate would be the “cheapest” to hire.  Hiring managers may also offer different compensation packages based on current or prior salary history. As a result, if there was a wage gap between men and women, that wage gap was further increased with each new job offer.

California passed AB168 in 2017, which went into effect January of 2018, prohibiting employers from asking for a “salary history” or inquire how much a candidate is or was making at a previous position.

Note: If a potential hire reasonably requests a “pay scale“, you are required to provide it.  AB2282 clarifies that a pay scale is a salary or hourly wage for the open job position and does not have to include bonuses or other benefits.

2. “Have you ever been convicted of a crime?” or “Check here if you have criminal convictions.”

Gone are the days of asking an applicant about their criminal history at the interview.  California requires employers to discover any criminal history in the background check process. The bill, AB1008 was signed into effect in 2017 following the lead of San Francisco and Los Angeles cities, banning employers with five employees or more from asking about a candidate’s criminal history on job applications.

You don’t begin the background check process until after you have extended an offer of employment. You cannot run a background check before offering the position to the candidate.  If the background check results prevent you from hiring the candidate, you are required to follow these steps:

  1. Inform the candidate of the results and explain why you’re rescinding the offer.
  2. Provide a copy of the background check report (if available).
  3. Allow the candidate five (5) days to respond and defend themselves.
  4. If the candidate responds to the decision, you are to wait five (5) more days to consider his or her defense.

Note: The exception to the rule are employers who run medical facilities and hire employees who have access to drugs.

3. “How’s your credit score?” Or, “Will you consent to sharing your credit report?”

Where previously potential employers could obtain an applicant’s credit information as part of the on-boarding process, California now limits it to certain occupations.  You can no longer slip in credit consent forms into the offer package, nor can you judge a candidate’s hire-ability based on their credit report.

California limits the use of credit history in employment decisions, but does not outlaw it.  The following are exceptions to the rule:

  • Department of Justice employees
  • Managerial position
  • Peace officer or Law enforcement officer
  • Any position wherein a credit check is required by law
  • Position wherein an employee would regularly access credit card information
  • Position where an employee is a signatory for an employer’s bank or credit card account, or authorized to transfer funds
  • Position that involves access to confidential or proprietary information
  • Position that involves access to $10,000 or more of cash.

 

Are you not sure what you can ask now? Do you have questions about your job description? Contact us today!

 

3 Interview Questions You Didn't Know Were Illegal

By Jessica Suotmaa 0

You may prepare legally sound interview questions for your job interview.  Maybe you consulted an HR company, asked a mentor for a copy of their interview questions, or purchased a set. However, did you know that the interview does not just consist of the questions you prepared?

The interview starts as soon as you speak to the candidate. It can start in an email thread where you schedule the interview. It can start over the phone when you called the verify information. And lastly, it can start in the waiting area when you’re just shaking hands. Keeping this in mind, here are the three interview questions you didn’t know were illegal.

1. Where are you from?

While this question may seem like innocent small talk to you, it can lead to uncomfortable answers and a feeling of discrimination. This is especially true if you learn that your candidate is not a U.S. citizen, is an immigrant, or part of a special group.

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating candidates based on their national origin, race, ethnicity, or ancestry.

We recommend avoiding this question all together by focusing on the “legal right to work in the U.S.” (also known as “work permit”) rather than the standard greeting.

2. Where do you live?

Another common small talk question often asked by employers to see how far the candidate lives from the workplace.  The question leads to talk about commute, method of transportation, and the cost and time it takes to travel to and forth. However, this is a loaded question that suggests you are discriminating a candidate based on the neighborhood they live in.

Note: You can still ask a candidate if they are willing to relocate.

3. What is your availability?

Employers who require overtime work or weekend engagements may ask this question to weed out candidates with religious observances or family responsibilities.

If you were asking these questions, don’t feel bad. A 2015 survey found that one in five employers were asking candidates illegal questions without knowing they were illegal.  But now that you know, you have no excuse.

Still fuzzy on the details? Give us a call and let’s talk.

Marriage-based Immigration Interview

By Jessica Suotmaa 0

Previously, we wrote about how to prepare for your marriage-based green card beginning from the moment you decide to marry your partner.  The question of what should be brought to your marriage-based immigration interview for I-130 Petition for Alien Relative, I-485 Application for Adjustment of Status, and I-751 Application to Remove Conditions of Permanent Residence is one of the most common questions we encounter with existing clients, new clients, and clients who come to us specifically for this matter.  While the specific documents can depend on your individual situation, as may be the need for interview preparation with an experienced immigration attorney, we have gathered a general list of items you may want to prepare to bring to your immigration interview below.

Romantic Love Story

America loves a good romance, and your interviewer will appreciate a clear love story supported by evidence.  If we prepared your immigration application, we will have painted a convincing love story for immigration, arrange your photos for you, attach all relevant evidence, and describe all the little details that make up your story. However, this does not mean that it is sufficient to bring our application package with you to the interview. In the end, even though we were hired to represent you, we are still a law firm.  We present evidence to the gatekeepers at immigration, highlighting points that will meet regulations and qualifications based on law.  The immigration officer interviewing you is not meeting you to hear our version of your story; they want to hear yours.

How you want to present your story depends on you. You could be tech savvy and create a slideshow presentation (but do bring your laptop so you can show it to the immigration officer). We’re not sure how tech friendly the immigration officer is, so we recommend “safe” options, such as a scrapbook, “love board”, or collection of love letters.

In the collection, include a variety of photos and present them in a chronological timeline to show the progression of your relationship.  Do not focus on staged photos from a pre-wedding shoot, wedding shoot, or other specific event.  Candid photos are important, as are photos with other people, family members, and pets or children.

If you have gone on trips together, visited distant relatives, or met personal milestones together, do remember to showcase those life events in the presentation of your love story.

Household Matters

Where many of our love-inspired couples fail is in the preparation of the practical, household matters.  This is especially true of younger couples who are not accustomed to keeping good records of their own personal transactions, let alone combined transactions.  Since we’ve already listed all the ways you can meet immigration’s expectations on a couple’s co-mingling of finances, our focus will be on how to present this information at the interview.

If it’s your first interview, bring a binder with all the original bills and account notices for your joint accounts.  Place them in order of newest to oldest, have dividers in place or separate binders for each type of account, and be sure you’re able to describe each type of account.  Do not rely on what your attorney organized for you, especially since by the time you go to the interview you should have new bills and notices.

Note: You must have joint accounts.

We know that these days most of us go paperless and we do not necessarily keep paper records in old-school filing systems, but for the purposes of your immigration interview, it will be easier if you have it all in black and white.

Community Involvement

Relationships do not happen in a vacuum, and as such immigration expects you to interact with your community as a couple.  This means you should have photos, witness statements, certifications, or other means to prove that you have been active in your community and proven that you are a couple.  This can be difficult for individuals who are less involved in their communities, for those whom are new to their communities, and for people who simply work or study a lot.  Regardless, it will be in your advantage to prepare photos of you and your partner in a community or other setting, whether work, church, family, friends, or organization, where it is obvious you are a couple.

Note: Do not place too much emphasis on group events and photos, especially if it is not clear from the photos that you are a couple.  This can be a red flag.

You can also have mutual friends, community members, pastors, roommates, or coworkers write witness statements declaring under oath that they are witnesses to your relationship and vouch for your sincerity.

Note: Witness statements must include the witness’ name and contact information in the event immigration attempts to verify their statements.

Conclusion

If you have prepared to present your romantic love story, your financial situation, and your community involvement for you interview, you are halfway there.  Lastly, know that the immigration officer will be asking you questions. If the officer wants, he can separate you and ask you questions individually.

What questions should you be prepared for? It depends on your individual situation, but know the basics for your love story, know what care you each drive, and if you’re brave, try answering the dreaded, “Why do you love him/her?”

 

If you have additional questions or are simply worried about your upcoming interview, please feel free to contact our office for help!

 

How to ace your L-1 visa interview

By Jessica Suotmaa 0

If your employer has successfully applied for your L-1 employer visa, you may be scheduled for an interview at the nearest U.S. embassy/consulate. Whether you have experience interviewing for a US tourist visa and know the drill, or it’s your first time and you’re incredibly nervous, we have tips to help you better prepare for what to expect.

Be Prepared

Nothing builds confidence like good preparation, and knowing what to expect at the interview is key.  If your company hired an external company to prepare your L-1 visa application, be sure to obtain a copy of the full application, any supplemental documents/evidence that was submitted, and any issues that may have arisen in the process.  Review the file thoroughly and know that there may be questions directly relating to your application.

If you don’t know where to start asking questions, be sure you know the organizational structure of your local company, where your local company stands in relation to the larger company, and how the U.S. subsidiary company is structured.  You should be able to comfortably place yourself in the organizational chart and explain all roles both above and below you.

Be Confident

The consulate or embassy can be a stressful place, depending on where you’re located.  Some locations have such high security that you cannot bring anything with you to keep you occupied, or for additional support, and other locations are much more relaxed.  Certain locations may be crowded with long lines and heavy waiting with random people, which can affect your stress levels if you’re not careful.  Be aware of why you’re there, ignore everyone around you, and most importantly, remember that the denied individuals in front of you will not affect your interview.

Be Truthful

While we encourage every applicant to be confident, we don’t encourage our clients to lie.  Be prepared, know your company and your role well, and answer honestly. If you make a mistake, apologize, correct yourself, and continue. Do not over-explain. Always stick to answering the question and follow up when necessary, but do not go on tangents providing unnecessary information.

Tip: If a question has multiple questions in one, think of them as A), B), and C) stems. Make a mental note, repeat the mental note to the interviewer, and then answer the questions in the order they were asked.

Example:

What is the process in your company to hire and fire an employee and have you had the opportunity to hire or fire anyone before? If so, when did you last fire someone?

A) Company’s process of hiring and firing employees

B) Have I hired/fired anyone?

C) When did I last fire someone?

Then you’d answer: “So you’re asking me for the (A) company’s process for hiring/firing employees, (B) whether I have hired/fired anyone in my present role, and if so, (C) when I last fired someone?” And then proceed to answer with details that directly address the questions.

If you can, we recommend preparing yourself well by playing out the interview at home via role play, or participating in a mock interview with your HR person. If you work for a large organizations with interview preparation sessions, role play sessions, or information sessions–do participate in them. If not, try asking HR if they can prepare you, about previous L-1 candidates, and what HR can provide you to study in preparation for the interview.

 

If you have additional questions about interviewing for an employment-based visa interview at the consulate or embassy, or immigration questions in general, please contact our office and we would be happy to help you.

Attorney A. Justin Lum, esq

By Lum Law Group 0

Interview with A. Justin Lum, Esq.

Professional interview

Justin Lum: Providing a voice to clients

Justin Lum has spent more than 20 years practicing law. The son of a lawyer, Lum set out to follow in his father’s footsteps. A Chinese American who saw the misrepresentation of fellow Asian Americans, Lum’s father want to change the injustices he saw. It inspired Lum, and he began a career that has now spanned more than two decades.

Lum specializes in intellectual property law and has worked with clients to register more than 100 trademarks. However, it isn’t just intellectual property clients that Lum has worked with during his law career. The fourth generation Chinese American has represented clients in business law and immigration matters.

Recently, Lum sat down to answer a few questions about his career and what drives him as lawyer.

 

Justin, you have over 20 years of experience as a lawyer. Tell me, what made you decide to pursue law?

My father was an attorney. I always wanted to help people. I admired what my father was doing for people. He felt that Chinese Americans and Asian Americans were underrepresented in the legal field, and needed representation. I have tried to follow in his footsteps and follow his guidelines to help our clients to achieve their goals.

 

In 1997, after five years of being a lawyer, you moved out on your own and started a practice. How difficult was it to move away from your father’s firm, and what inspired you to do so?

I wanted to focus primarily on intellectual property at the time I left to start my own practice. It allowed me the freedom to focus and develop better that aspect of my practice.

 

You were able to attend the University of California at Berkeley, but your father’s upbringing in the American south was very different. Did his childhood and the life he lived growing up inspire you in your education?

I would say that the types of difficulties he experienced as a Chinese American growing up in the south where there were already racial tensions, and Chinese Americans were put in the middle of it, inspired me and reminded me that there is still a ways to go for our country to avoid racial inequalities. It has kept me focused to assist those who might otherwise be discriminated or disadvantaged by their status.

 

Lum Law has had numerous success stories over the years. Some of the best result have come in immigration law. Lum and his colleagues have helped clients overcome marriage denial, they have helped clients achieve asylum in the United States and got court decisions based on an interpreter’s mistake in court overturned. Of course, intellectual property was Lum’s reason for starting his law practice, and he has worked hard to achieve success.

 

Tell me about your time running your own practice. What were some of the challenges you faced and the big cases you worked on?

My practice was focused on intellectual property litigation. I had some patent litigation matters that ended successfully for my clients, one in particular in which we were able to end the case for our client, a defendant for patent infringement, on summary judgment after proving the clients’ product could not possibly infringe the patent. We have had many successful cases opposing trademark registrations and defending our own clients’ trademark registrations.

 

In 2011, you founded Lum Law Group with your father and brother. What drove you to reconnect with your dad and build the law firm?

Prior to 2011, I had started to work on some of my father’s litigation and immigration matters to assist him in his practice.  In 2010 we decided that it would be more efficient for us to have one firm, and the idea was, and still is, that my brother and I would take over his practice.  Unfortunately, that plan was altered a bit when my brother became ill and passed away, but the original plan still exists, for me to continue the practice Albert Lum started.

 

As a fourth generation Chinese American and someone who represents the community, how is important is it to represent clients in terms of immigration in the current political climate in the United States? 

It is very important. We are entering a time in which the foundation principles of this country, a land of immigrants with the opportunity to succeed where personal freedom is paramount is being attacked by the very government that should be defending those principles. Rhetoric by our current government looking for an easy “fall guy” is wrongly targeting hardworking immigrants. They need representation from a government that is set on taking away any rights they may have.

 

How difficult is it for individuals to immigrate to the US and is it as difficult for those married to American citizens who want to join them in the country?

Well, it should not be difficult for those applicants who meet the criteria for the various immigrant categories. As long as an applicant meets the respective criteria, his/her case should be allowed. However, recently the government has changed the way in which it adjudicates a case, appearing to put emphasis on the form of an application, rather than the substance of the relationships, and the government appears to be also looking for any reason to deny a case, so long as it has some basis that can be justified. What this means is that it is more important than ever that a professional helps individuals to properly prepare their applications, so that mistakes in preparation that are innocent errors cannot be turned around by the government to become huge barriers to entry or immigration. As attorneys, it is our job to make sure the government understands the client’s status and application so that cases won’t be denied because of miscommunication.

 

Lum is focusing a lot of energy these days on helping startup companies. With the surge in new businesses and small companies, there is a need for information on a number of issues. Lum and his colleagues want to help these businesses become successful and remain within their legal rights.

 

I see that you are representing startups and small businesses currently. How important is it for a company that is just starting out to have a good, experienced lawyer by their side? 

It is very important for a startup company to have an experienced attorney as there are many areas that can trip up a firm before they get going. Many times intellectual property issues, corporate tax issues, formation issues need to be worked out early to avoid problems later that could derail a startup before it can start to have positive returns.

 

When asked what what it takes to be a lawyer, Lum is honest in his assessment. It isn’t a way to make a lot of money and become well-known. It is far more important than those simple items.

 

For anyone interested in pursuing a career as a lawyer, what is your advice to them? 

If you want to be an attorney, you should have a passion for assisting others, and a passion to understand the laws, and the fortitude to apply those laws, and understand how they are applied to your clients to help your clients navigate the legal field, whether those clients are private or public clients.

 

After such an illustrious career as a lawyer, what are your plans for the future?

For now, my plans are simply to continue this career. There are still a lot of people that need help.

 

Justin Lum has succeeded in several areas of law. Whether intellectual property or immigration, he and his colleagues have worked to help those people in need of a voice.

Small Business Owners: Trademark Your Brand and Grow Your Business

By Jessica Suotmaa 0

Our intellectual property attorney, A. Justin Lum, was interviewed by Steve Thompson, writer of 245 Days to Go, a blog for small business and startup entrepreneurs and Contented Writing.

One of the biggest issues for a startup business is protecting your ideas. Every startup is built on the solid foundation of an idea and the passion of an individual. We can all see a niche in the market or something that has never been tried before. As an entrepreneur, you look to develop what you offer every day so customers can see your product or service and flock to you. This is how success is made.
But without the proper protections in place, you are vulnerable to other businesses and unscrupulous operators. Something needs to be done. Don’t worry – there is help at hand.
American Flag

By Jessica Suotmaa 0

It is very difficult. But it is not impossible, given the right circumstances.  And that is what we do, help our clients to find the right circumstances that would allow them to immigrate to the United States.

 

What are “the right circumstances”?

The U.S. like any country, or individual, looks out for its own interests first, and yet still has a benevolent attitude to immigrants, since the US is itself a land of immigrants. If a foreigner for example, has a world famous reputation as a scientist, an engineer, the US welcomes them as an employee. Or if a person has a skill that is not available in the area in which the alien is living, then his application for a green card may be approved. Or, if an alien wishes to invest $500,000 to $1 mil, they and their family members might also be approved.  This is very popular, and is often referred to as EB-5, or immigration investment.  A person may also immigrate if they are transferred here from their home company in their home country to a subsidiary here in the United States.

Of course, there are certain family relationships that can lead to immigrating to the United States, such as marriage to a U.S. citizen, or being the parent or child of a U.S. citizen, for example.

At the same time the US as I said, can also be benevolent. If an alien was persecuted in their home country, they can apply for asylum or withholding of removal in the US. That means they can either receive a green card or be allowed to remain in the US without worrying about being deported. Or, if the alien has been here for a number of years and has conducted himself properly, no serious crimes, paid taxes, and even better, has immediate relatives who are US citizens or green card holders or if someone has already petitioned for the alien, they would have an even better chance to remain here. There are other forms of relief, some recently put in place, that gives assistance to young people who came here under age 16, or now not older than 31, or what is popular referred to as, “DACA.”

So the question of how can an alien obtain legal US status cannot be answered without getting all the facts that surround the alien. The solution is to consult a knowledgeable immigration law firm, give them all the facts and determine whether or not the alien qualifies.

Our office has handled many of all of these types of cases, whether they are business or family or asylum related applications, or helping others who have overstayed and find themselves in Immigration Court. Our job is to provide answers as to whether or not a person may qualify for any of these categories.

 

(Extracted from a transcript from a radio interview with Albert Lum and A. Justin Lum)

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。