CIVIL LAW & OTHER
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NEWS
CIVIL LAW & OTHER
If there is any other legal service that is needed but not listed on this website, please leave a message via our contact us page or email us at [email protected].
NEWS
CIVIL LAW & OTHER
If there is any other legal service that is needed but not listed on this website, please leave a message via our contact us page or email us at [email protected].
IMMIGRATION LAW
Immigrant visas are visas that allows a person to stay permanently in the U.S. There is no set maximum time limit for these types of visas. They are commonly known as a “green card.”
Employment Based Green Card (Permanent Residence)
Self-Sponsored
Self-sponsored employment based green cards means it does not require a specific U.S. employer to pay and sponsor the green card.
Employer Sponsored
These employment based immigrant visas requires a specific U.S. employer to pay and sponsor the green card. Most require going through a labor recruitment process PERM.
RELIGION Based Green Card (Permanent Residence)
Self -Sponsored or Employer Sponsored
A green card based on a religious occupation can be self-sponsored. It does not require a U.S. employer to pay and sponsor the green card.
business & Investor Based Green Card (Permanent Residence)
Self -Sponsored
An investor can self-sponsor a green card for themselves and their dependent family by investing a certain amount of money in a U.S. business and create or preserve 10 full-time jobs for U.S. workers.
- EB-5 (Investor Visa)
Family Based Green Card (Permanent Residence)
Family Related To U.S. Citizens
Family based green cards allows certain family members of a U.S. citizen to obtain a green card through the relationship.
Family Related To Green Card Holders (U.S. Legal Permanent Residents)
Family based green cards allows the spouse and dependent children of green card holders (Legal Permanent Residents) to obtain a green card through the relationship.
Citizenship
Naturalization is a process for a green card holder to become a U.S. citizen (obtain a U.S. passport).
Nonimmigrant visas are visas that allows a person to stay temporarily in the U.S. with specific reasons. There is usually an expiration date and maximum time limit for these types of visas. The most common reasons for a nonimmigrant visa are tourism, studying, working, and investing or doing business in the U.S.
WORK VISA
H visa
H visas are work visas that allows people to work in certain type of jobs. The H1B visas can be for up to 6 years, most H2 visas can be up to 1 year, and H3 visas can usually be up to 2 years.
- H Visa Overview
- H-1B (Specialty Occupation Workers)
- H-1B1 (Chile or Singapore Specialty Workers)
- H-1B2 (U.S. Department of Defense Workers)
- H-1B3 (Fashion Models)
- H-2A (Agricultural Workers)
- H-2B (Temporary Skilled & Unskilled Workers)
- H-3 (Trainee & Special Education Exchange Visitor)
- Labor Condition Application (LCA)
L visa
L visas are work visas that allows oversea employees to transfer to the U.S. for up to 7 years.
TN visa
TN visas are work visas that allows Canadian & Mexican citizens to work in the U.S. up to 3 years. However, it can be renewed indefinitely with no break required in between.
O visa
O visas are work visas that allows people who are accomplished in their field to work in the U.S. usually for up to 3 years.
P visa
P visas are work visas that allows entertainers & athletes to work in the U.S. usually for up to 1 year.
BUSINESS & INVESTOR VISA
E visa
E visas are visas that allows investors or business owners to manage their business in the U.S. for up to 5 years. It can be renewed indefinitely with no break required in between.
B visa
B visas are visas that allows people to do certain type of business activities in the U.S. for up to 6 months. It can be extended to a maximum amount of 1 year. It is NOT a work visa which means NO engagement in employment activities in the U.S.
RELIGIOUS VISA
R visa
R1 visas are work visas that allows people of religion to work in a religious position in the U.S. for up to 5 years.
STUDENT VISA
F visa & M visa & J Visa
Student visas allows students to study in the U.S. usually for up to the time required to complete the program.
Tourism VISA
B2 visas are visas that allows people to enter the U.S. for social visits, tourism, medical treatments, events for usually up to 6 months. It requires an interview at the consulate. Citizens from certain countries may not require a visa to enter the U.S.
- B-2 (Tourism Visa)
- VWP (Visa Waiver Program ESTA)
K visas are visas that allows a person engaged (or married) to a U.S. citizen to enter the U.S.
BUSINESS LAW
Company Formation
- Corporations
- LLC
- LLP
Some sort of legal registration or formation with the state government of where the business is located in is usually required before the business can start operating in the United States.
Company Formation
- Corporation (C-Corp & S-Corp)
- P.C. (Professional Corporation)
- LLC (Limited Liability Corporation)
- LLP (Limited Liability Partnership)
- LP (Limited Partnership)
- DBA (Fictitious Business Name)
Legal contracts or agreements should be in a written format and the company must protect itself from legal liability in advance because United States is a highly litigious country. It is not uncommon to encounter a lawsuit or at least a threat of a lawsuit while operating a business in the United States.
The company should also maintain compliance of its legal requirements to the United States government.
Contract Drafting & Revision
- Business Contracts (Commercial)
- NDAs (Non-Disclosure Agreements)
General Counsel
- Outsource General Counsel
- Response / Defense to Demand Letters
- Operation Manual
- Employee Handbook
Cease and Desist Letters / Demand Letters
- H-1B (Specialty Occupation Worker)
- TN (Mexican & Canadian NAFTA Professional Worker)
- R-1 (Religious Workers)
Litigation
- H-1B (Specialty Occupation Worker)
- TN (Mexican & Canadian NAFTA Professional Worker)
- R-1 (Religious Workers)
The business must stop any violations of its rights and interests. The company would also need to defend against any lawsuits against it.
Pre-Litigation
- Cease and Desist Letters / Demand Letters
INTELLECTUAL PROPERTY LAW
After the business has a name for the product or service it is providing, a trademark (or service mark) can protect that name from others using it.
Trademark Registration / Application
A trademark application can be done before or after the product starts selling. It can also be applied for if the company already have the same trademark registered (or has already started the registration process) in another country.
Base
- Section 1(a) Use In Commerce Basis
- Section 1(b) Intent-To-Use Basis
- Section 44(e) Foreign Registration Basis
- Section 44(d) Foreign Application Basis
Trademark Renewal
A trademark registration does not last forever, it needs to be maintained and renewed. The first renewal is at the 5 year mark and the renewals after that is at every 10 years.
File Between 5th & 6th year after registration
- Sections 8 & 15 (Combined Declaration of Use & Incontestability)
File every 10 years after registration
- Sections 8 & 9 (Combined Declaration of Use & Excusable Nonuse/Application for Renewal)
Response To Trademark Office Action
Sometimes the USPTO (“United States Patent and Trademark Office”) will not agree to the content in the trademark application and will issue office actions asking the business to respond.
- Nonfinal Office Action
- Final Office Action
Copyright
- H-1B (Specialty Occupation Worker)
- TN (Mexican & Canadian NAFTA Professional Worker)
- R-1 (Religious Workers)
- L-1 (Intra-company Transferees)
After an artistic work is created, it can be registered with the U.S. Copyright office to have it protected. It can be copyrighted even if the work has not been published yet.
Copyright Registration / Application
- Single Work
- Multiple Unpublished Works
- Multiple Published Works