There are circumstances which prove to be difficult for employers within Miami, and one such circumstance involves being able to employ individuals from outside of the United States. Doing so can be a great idea for employers because of the great set of qualities that these individuals have, but to be able to employ these individuals can require a substantial amount of work to ensure that everything is done legally.
People who wish to employ individuals from overseas need to ensure that the proper arrangements are made with regards to the workers visa that is needed by the prospect worker. The entire process of securing a workers visa can be relatively complex, and this is something that is common to most legal procedures, so people within Miami who are hoping to get into situations of this nature need to be prepared for the work that needs to go along with everything.
Logically, it helps for employers within Miami to get in touch with a reliable Miami immigration lawyer that can provide the right form of assistance in helping you secure the workers visa that you need for your prospect worker, and this includes help in handling all of the paperwork that will be necessary.
To give you a better idea of what needs to be done in order to successfully secure a workers visa for your prospect worker, here is a basic rundown of what needs to be done:
Arrange All Paperwork
First of all, there are certain documents that need to be arranged, and people who are in the process of securing a workers visa need to make sure that the documents that they have in their hands are the correct ones. Once these documents have been set, they will need to be filed with the US Citizenship and Immigration Services and the US Department of Labor. Going through this should be easy if you have a Miami immigration lawyer to help you arrange all the paperwork and file them all with the proper authorities.
Actual Visa Application
After all of the documents have been arranged and filed with the proper authorities, the employee would need to file their visa application at the nearest consulate or embassy within Miami. There will also be an interview as well as a medical examination that will need to be taken before the visa will be approved.
Being able to successfully go through the steps involved in securing a workers visa is best done with the help of a good Miami immigration lawyer that has the right set of skills needed in handling the legal aspect of such issues.
An illegal immigrant is a person who has crossed a national border in any manner that violates the laws of immigration. People do this for a variety of reasons. Some feel this is their way out of poverty. They come to the United States to look for work. You may come across someone like this who seems to need your help. Perhaps you are looking for an affordable way to keep your home clean. You may consider the possibility of hiring an illegal immigrant as a maid. In that scenario, it would seem that both parties have something to gain.
Is it Wrong to Hire an Illegal Immigrant Maid?
On one hand, seeing a person in a desperate situation can naturally make a person want to help. The person may be very nice and just in a bad predicament. Your job offer could help feed this person’s family. Another reason people may wish to hire an illegal immigrant as a maid is to possibly get the labor for a lower amount than they would normally pay, because an illegal immigrant will not report them for substandard pay due to having an illegal status.
On the other hand, when considering whether or not to hire an illegal immigrant maid, it is important to remember that there are consequences that can go along with offering that help. Consider the fact that if you do, you could possibly be charged with a felony.
An alternative does exist in encouraging this person to apply for the guest worker program, which, if approved, would allow an illegal immigrant to remain legally employed without the risk of deportation. The guest worker program is a way for illegal immigrants to temporarily remain in the U.S. for employment purposes. Qualifying for the guest worker program will take away the risk of deportation.
As mentioned on FairUS.org, knowingly encouraging or harboring an illegal alien, by assisting him or her in finding work or by providing employment, is a violation of federal law. Employment is defined as any service or labor. Is a maid considered an employee? The answer is not simple. Some may consider maid services to be domestic services.
According to The Boston Globe, a border protection chief is facing criminal charges for hiring illegal immigrants as maids. Perhaps a solution for him before hiring these maids could have been to encourage the illegal immigrants to apply for the guest worker program. If they had been approved, they could have been legally employed by him.
Portray a scene, you logged on to your email account and discovered that your inbox highlighting an unread email from an unknown address stating that, -Congratulations, your application for Diversity Visa Lottery is approved and you need to send some money to the mentioned details.- The first line you mutter out will be, -Oh my God! Is it real?-, and without confirming anything, you will swipe your credit card of the bank in New York for the payment. After few days, on ringing the concerned authorities in New York City, you will be pulled out of an illusion and this time your lines will be, -why the hell, I did not checked this thing with an immigration lawyer New York from a best immigration law firm?-
Diversity Visa Lottery program, for which millions of dreamers try their luck, but only few of them are lucky enough to bag a Green Card. Irrefutably, getting a USA Green Card is something for which, people are ready to pay any price and are on their toes to do anything. Instead of acting like a wise goose, they behave like a stupid nerd and become an easy target of scammers.
The only solution to bridle fake lawyers bragging about their so-called best immigration law firm is -awareness’. One must consider below mentioned important tips extracted from a magazine article of an immigration lawyer New York law offices –
No approval emails from state department: To end all confusions, from the year 2012 onwards, candidates are advised to check their application status on the DV lottery website as State Department announced himself free from all responsibilities of notifying qualified candidates.
Keep a close look on website’s domain: In any case, if applicant receives any email from State Department, one should check the suffix of the sender, does that have -.gov- or not. It is advised that the visa department never use any other website for its DV program besides dvslottery.state.gov.
Do not pay anything to anyone for DVP: This Diversity visa lottery program is free of cost, and government of United States charges nothing for the visa. On submitting your interest for this program, you will be acknowledged with a unique confirmation code. Therefore, if anyone asks you pay anything, consider him a scammer who want to puncture your wallet
You won’t get more or before luck: The selection criterion is unique, applications are selected on a random basis and there is no such tactics to enhance success chances. If anyone promises you so, mean he is beating you around bushes.
Therefore, do not trust anyone whose promises are full of hot air, and always let your case to be handled by an immigration lawyer New York working for a best immigration law firm.
Almost everyone knows how frustrating it is when you buy something new and it does not perform as expected. Since many people depend upon their cars everyday to get them from Point A to Point B, a car that does not work is not only exasperating but inconvenient. If you have a vehicle that isnt performing up to par, you may have a lemon. There is protection for consumers in this case. In the United States, the lemon law for cars covers such a contingency. It is simply a matter of finding out whether you and your vehicle qualify under the legislation.
Finding Information on the Lemon Laws for Cars
When it comes to finding information about the Lemon Laws in America, you can consult several sources. You need, of course, to be aware of the two different types of lemon laws that could be applicable in your case: federal and state. The federal government has its own lemon law. This is the MagnusonMoss Warranty Act. Yet, most individuals tend to rely on the lemon law for cars of their won state. This creates a problem. The laws for each state differ sometimes infinitesimally, but they do have differences.
Take the coverage in terms of how long the car has been in the shop requiring repairs and/or replacement parts. In New Jersey, the lemon law states they will cover a car that has been shop bound for 20 days. In California and Pennsylvania, the minimum period is 30 days. Other characteristics of the act may be more subtle. You can find the lemon law for cars on the internet. Several sites provide the basic information. Check to affirm their credibility. State legislative and vehicle-related sites may contain the specific information you require. They can quote the legislation or provide you with an overview. This may be enough to help you at the beginning.
Talk to a Lemon Law Lawyer
Yet, it is usually not enough to simply look at the lemon law for cars for your state. You need to be able to understand the fine points. This is one reason why you might need to talk to a lawyer. A specialist in this field can help you be aware of the exactly what the law requires and demands of you and your car before it can accept your case under the lemon law. Moreover, a lemon law lawyer is able to sort through the fine print of your warranty, talk to the relevant parties and get to the heart of the matter. He or she is also there to guide you through the process and help you if the manufacturer, through the dealership, decides to put up a fight.
Criminal attorneys play a significant role in the justice system of the United States by defending a person who is accused of a crime. Although many people accuse criminal lawyers of helping criminals to escape the breaking law, the criminal defense lawyer helps to protect the rights of the Americans. They attempt to look after a fair trial so that the innocent people are not proven guilty of crime.
A criminal lawyer ensures the fact that the accused are not persecuted for the crimes they didnt commit. His responsibility is to make sure that the accused people are not deprived of their constitutional rights. The attorneys represent the people who are guilty of crimes and this involves representing a person in the court of law or aiding a plea bargain. An appeal takes place when the defendant wants to admit guilt in the hope of getting a lenient sentence. The lawyer talks to the prosecuting attorney and attempts to organize the best possible deal for his client. However, if the defendant doesnt want to plead guilty, the attorney represents him in the trial process.
During the trial, the main aim of the attorney is introducing a reasonable doubt. An individual can be found guilty of a crime, in case the prosecutor convinces the judge that the person is guilty beyond a reasonable doubt. In case, a defense lawyer introduces doubt, the defendant is found innocent. In order to introduce a doubt, the legal representative may present alternate crime theories of various explanations for what happened. The attorney may cast doubt on the proof of prosecution or for discrediting the witnesses of the prosecution. Moreover, he could prove that some elements of the crime arent meted out. For instance, he could prove that the offender was crazy and didnt have the intention of committing the crime.
Private lawyers and the public defenders are the two main types of criminal legal representatives. A private criminal defense lawyer is paid by the clients and can choose the person he will be representing. On the other hand a public defender works for the court rather than a particular client. A public defender has little choice regarding the cases they take on.
If you have a charge levelled against you, you can appoint a Florida criminal attorneyfor representing your case. The legal representative can help you before your charges are filed through the help of a prosecuting attorney. He helps you to deal with the police or other investigators, carries out his own investigation and presents exculpatory evidence negating the potential charges by the prosecutor. So, appoint a proficient lawyer, when you think that you are being investigated or arrested and resolve your case in a successful way.
This article will attempt to provide some brief insight into the E2 visa process and how it interacts with the process of incorporating an LLC in the United States of America.
The E2 visa is an employment based visa that provides the bearer with the opportunity to live and work in the United States in order to oversee and administer an investment in a trade or business enterprise. Those seeking an E2 visa are well advised to research the category thoroughly before making irrevocable decisions as the E2 visa’s issuance is predicated upon statutory language as well as various executive regulations and policies. Denial of an E2 visa application could prove costly in terms of time as well as resources.
Many who consider the possibility of an E2 visa find that an American Immigration attorney can prove very helpful by providing insight into the process and assistance in filling out relevant forms and compiling supporting documentation in an effort to ensure fast and efficient processing of either the petition submitted to the United States Citizenship and Immigration Service (USCIS) or the visa application which is likely to be submitted to a United States Embassy or United States Consulate abroad. Those individuals who are already in the US and wish to change their visa status to the E-2 category will need to submit a petition to USCIS. More commonly, those living abroad wishing to travel to the US on an E2 visa should submit their visa application to a US Embassy or US Consulate abroad.
US company registration can be an important issue for people thinking about submitting an application for an E-2 visa. Unlike many jurisdictions in Asia, registration of a limited liability company in the United States is usually quite a smooth process for those who retain the services of an attorney trained in American corporate law. Those looking for information about an E-2 visa should note that the need for the visa ought to spring from a real business imperative. In short, the business incorporation should not be conducted as a pretext in an effort to simply obtain immigration benefits. The business concern that underlies the visa application should be bona fide and comport to certain rules and regulations. These rules and regulations come into play when a Consular Officer at a US Post abroad makes an adjudication based upon the merits of the E2 visa application.
The US visa process can be convoluted and cumbersome for those who do not understand U.S. Immigration law. Thus, assistance of experienced counsel is generally recommended in immigration matters especially where company registration plays a key role in the visa application process.
Brian Wrights USA Immigration Law Thailand service was really great for us when I was a several thousand miles away from my Thai Fiancee in Thailand and we needed our Fiancee Visa processed to be done. Brian Wright made everything completely manageable though the stumbling blocks of the fiancee visa process seemed almost insurmountable considering the distance and language barriers. Brian Wright and his staff took the time to make sure we understood the fiancee visa process and kept us from making any mistakes that would have cost us time. Brian Wright even took the time to help us after we returned to the United States and DHS screwed up our paperwork for the Change of Status.
My Thai Fiancee is happily in America I want to thank Brian Wright for the excellent fiance visa service he provided. Everything went very smoothly and he took care of everything exactly as Brian Wright promised.
Having lived and worked around the world, I knew upfront the process for getting a fiance visa was not going to be easy. There are many obstacles to overcome such as the following:
The many documents the Thai applicant must obtain.
The Medical and Police report.
The form in English that need to be completed by the Thai applicant.
Knowledge of the Embassy and the process and customs for a successful application.
The many documents that must be supplied by the petitioner.
Brian Wrights fiance visa service was excellent and he helped make the whole fiancee visa process very simple for both of us. My Fiancee commented many times that she fell very comfortable with the way he was handling the fiance visa application. This helped her to relax and be less anxious through the fiancee visa process.
USA Immigration Law Thailand firms sole area of practice is fiancee visa, marriage visa & CR-1 marriage visa from Thailand to the United States. USA Immigration Law Thailand does not process other types of visas to America, nor does process visas to other countries.
The only additional services USA Immigration Law Thailand provides support the fiancee visa and marriage visa application process.
As a result of USA Immigration Law Thailand firms sole focus on processing fiancee visa and marriage visa from Thailand to the USA, USA Immigration Law Thailand have processed more visas to the USA from Thailand than all other Thailand based and US based immigration attorneys and visa service companies, combined. This has earned USA Immigration Law Thailand firm the distinction of being the most experienced and knowledgeable in this field.
USA Immigration Law Thailand firm, which is based in Thailand and America, is headquartered in Thailand as the primary focus of the visa application process is with your Thai fiance or Thai wife.
I (Anthony S., Pennsylvania, USA) would surely recommend USA Immigration Law Thailand by Brian Wright to anyone trying to get a Visa to the United States from Thailand for Thai Fiance.
Again, thank you for your excellent fiancee visa service.
This branch of law covers personal injuries and the person who handles these types of cases is called a personal injury attorney. They are the legal person that represents the injured person in the civil law system. If you have been injured by a person or company you are entitled to sue those who you believe caused the injury no matter how serious the injury is. In the United States if you have been injured by intentional or negligent actions you can sue them under a body of common law referred to as the tort law system. Civil law and tort law systems are designed specifically to put the injured person back into the same position they would have been in if they had not been injured. One example is if a person has been injured and is experiencing pain and suffering, has incurred medical expenses, and damages they can sue who caused this injury to recover money to pay for the expenses.
When you have been injured you will need to hire a personal injury lawyer who will take down all the information about the injury, what expenses are occurring now and if any will be occurring in the future, any pain and suffering now and in the future, loss wages if any, etc. Once the personal injury attorney has all the information they will file the papers that are required with the court to institute the impending lawsuit. Many times it is common for both parties to settle out of court during the litigation. If both parties cannot reach an agreeable settlement the case would go to trial.
Before the case gets to the personal injury litigation phase the attorney will help you, referred to as the plaintiff, prove how you were injured and how the person you are suing is responsible whether it was through intentional wrong or negligence on their part. Most attorneys in the United States and Canada work on a contingent fee basis which basically means that the attorney will only get paid if you win your case. When you win the personal injury lawyer will receive a percentage of the settlement you won. Personal injury attorneys may represent you if you have been injured as a result of medical malpractice, a slip-and-fall incident, car accident, or assault and battery. Once you have hired a personal injury lawyer they will take care of all the paperwork, any doctor visits they need you to go to, and any witness statements in regards to the injury.
Are you looking for a professional and experienced personal injury attorney? Hamilton & McInnis L.L.P. are among the leading lawyers San Diego and your case will be handled by an experienced partner in the firm. With extensive knowledge across a broad spectrum of practice areas.
A Chicago workers comp attorney could assist you if you have been injured on duty. Chicago, the house of the Stanley Mug Champion Blackhawks, has nearly 8 thousand individuals in the metro location. In truth, Chicago is the third most populated city in the Usa. You could locate the best workers comp attorney amongst so several people, but you need the best suggestions.
Chicago workers comp attorney – what you have to understand
Employees are safeguarded by a series of laws that regulate what occurs if they are included in a work environment collision. They will get taken care of monetary awards if they are injured or turned off while doing their work; lawsuits is not required in these cases. Relative are typically covered by workers comp laws in instance an injury leaves the single employed household participant hurt. Fellow workers and companies are also safeguarded because several of these laws restrict the quantity of compensation a worker can obtain from companies, and they also restrict the liability of their fellow workers, in a lot of instances. Work laws establish this structure in state laws. Federal workers in the non-military field are shielded by the FECA (Federal Employment Compensation Act), and most of its guidelines are typical of the compensation laws of a lot of workers. Seamen get defense from the Jones Act (Merchant Marine Act).
Where to seek the best attorney
A workers comp attorney has to be spoken to if your insurance firm is refuting your case, or you are not obtaining the clinical therapy that you have to receive, or your licensed snacking physician has purchased surgery or examinations yet you are not getting them. You additionally need the help of a workers comp attorney if you could not work and your employer is not paying you. It is an excellent concept to contact a Chicago workers comp attorney promptly, despite exactly how well your company is snacking you.
There are a lot of issues that turn up when someone is injured on duty. It is a good idea to select an attorney that has a tested performance history of successfully getting compensation for various other damaged workers. Co-workers, family members and good friends will aid you get the best lawyers for these scenarios. They will tell you regarding the lawyers they enjoy with and considerably more. Effort unions will certainly make workers as well. A Chicago workers comp attorney will certainly supply you an initial appointment free. They will also take your instance in a “backup fee” basis, meanings that they will obtain their cash as a percentage of a winning case. Simply puts, they just earn if you do.
Workers compensation commission
You should submit a claim to the workers compensation commission of your state if your company does not want to sue to his/her insurance firm. You likewise should employ a Chicago workers comp attorney to deal with this challenging process. The workers compensation payment of your state has the power to award negotiations for these types of circumstances. You will certainly not need to shell out a great deal of money to your attorney due to the fact that state laws limit the quantity of cash they can ask for in these situations. Most of the times, lawyers rise to 33 % of an ultimate award as their fee in the United States, however this portion differs from area to area. State statutes are produced to manage exactly what an attorney might charge in these cases, yet government approval may be required too. In your scenario, a workers comp attorney will take into account aspects such as loss of wages, health care expenses, and others to obtain you the most cash for your case.
A Chicago workers comp attorney is essential, and you should know a bit concerning the policies in your state for these situations. The workers ‘compensation commission of your state is the most vital government workplace you should visit, and they award negotiations in these compensation situations.
Theres a rumor going around that a 3.8 percent sales tax will be applied to home sales in order to fund Medicare under the Affordable Care Act. Although that rumor is patently false, there has always been sales tax associated with certain Medicare-covered transactions.
Specifically, if your firm sells medical supplies and has been treating sales under Medicare Part B (Medicare B) as exempt from California sales tax, it is sitting on a fiscal time bomb. Since the program began, the California State Board of Equalization (Board) has been regularly assessing sales tax on Medicare B transactions in its audits.
Even businesses reporting correctly are generally confused about why sales under Medicare B are treated differently from sales under Part A. This article will discuss the different treatments and explain how sales tax applies to Medicare receipts in general.
Some sales under Medicare are always exempt, simply because the products involved fall under the general California exemption for prescription medicines. However, such transactions are outside the scope of this article, which solely addresses products ordinarily considered taxable when sold to patients. (Medical services are exempt from sales taxes in general, in California and nearly everywhere else.)
In order for an otherwise taxable product to be exempted from sales tax under Medicare, the product must be considered sold to the United States government rather than to the patient. Sales to the U.S. government are exempt from sales tax for Constitutional reasons. This exemption has been codified in California Revenue and Taxation Code Section 6381 and is further delineated by Sales and Use Tax Regulation 1614.
Whether a Medicare transaction is considered an exempt sale to the U.S. government or a taxable sale to an individual patient depends on whether the sale falls under Medicare Part A or Part B. All sales under Part A are regarded as exempt sales to the U.S. government. Sales under Part B are considered made directly to the patient, and they are taxable unless some other exemption applies (such as the exemption for sales for resale or sales in interstate commerce). Differences between Parts A and B that give rise to this distinction are discussed below.
Financing and Participation:
Medicare A is financed through payroll withholding and self-employment taxes. Participation is mandatory for anyone within the Social Security system. Most people who pay the taxes that fund Medicare A are under retirement age and not yet eligible for Medicare coverage.
Medicare B is financed partly through monthly premiums paid by those covered under the program. The rest of the financing comes from general funds of the federal government. Anyone covered by Part A is eligible for Part B, but participation in Part B is optional. Once participants enroll in the Medicare B program, they are required to pay the monthly premiums, generally through withholding from their Social Security checks.
Cost to Participants:
Medicare A is funded entirely through self-employment taxes and the Medicare percentage withheld from employee paychecks and matched by employers. There are no costs specific to participants.
Medicare B is charged directly to each participant, generally by a monthly deduction from the participants Social Security check. The monthly costs are considered medical insurance premiums and may be claimed as an itemized deduction on the participants income tax return.
Payment of Claims:
Medicare A payments are made directly to providers of medical products or services under a procedure mandated by federal law. Since the law requires direct payment by the U.S. government to providers, medical supplies sold by providers under Medicare A are considered sold to the U.S. Government.
Medicare B payments may be made either to providers or patients. If a provider has agreed to accept assignment of Medicare benefits (which essentially constitutes agreement to accept Medicares version of “reasonable charges”), the provider prepares and submits a claim form and is reimbursed directly by the insurer acting on behalf of the U.S. government. The patient pays only the deductible, co-insurance or non-allowable costs.
If the patient uses a provider who has not agreed to accept assignment of benefits, the patient pays the entire charge and then files a claim for reimbursement. Any such reimbursement goes directly to the patient. Under Medicare B, payments are considered reimbursements of charges to the patient, whether the payments go directly to the patient or to the provider on the patients behalf.
The U.S. Governments Position:
Medicare A does not allow reimbursement for sales taxes charged on medical supplies, based on the theory that providers are selling to the U.S. government and the sales are therefore exempt.
Medicare B has built sales taxes into its calculations of “reasonable charges,” as stated inMedicare Carriers Manualsection 5213. In accepting sales taxes as allowable charges under Medicare B, the U.S. Department of Health and Human Services has taken the position that sales under the program are not sales to the U.S. government.
Sales Tax Effect:
Medicare A payments are made directly by the U.S. government to providers under federal law, which theoretically results in sales to the United States as discussed above.
Medicare B payments may be made either directly to patients or to providers for the benefit of patients, depending on each patients choice of provider. The patients ability to make this choice has been interpreted to mean that payments under Medicare B are simply reimbursements to patients. Under this “patient reimbursement” theory, any sale by the provider under Medicare B is made to the patient rather than the United States, regardless of which party prepares the claim form or receives the reimbursement check.
Both the U.S. Department of Health and Human Services and the State Board of Equalization have accepted these legal interpretations, and it appears unlikely that an effort to re-characterize sales under Medicare B as sales to the U.S. government would prevail. If the law is ever changed to make direct payments to providers mandatory under Part B, the application of sales tax could well change with it.
Although subject to tax, amounts claimed for 80 percent reimbursement under Medicare B are considered to include applicable sales taxes, because the Medicare Carriers Manual defines “reasonable charges” as including such taxes. Accordingly, when providers report their taxable sales to the Board, they are entitled to claim a deduction for sales taxes included in Medicare B reimbursements.
The theoretical justification for distinguishing sales under Medicare A from sales under Medicare B may not be entirely logical, but compliance with the Board of Equalizations interpretation is the only prudent approach. If you have been treating all sales under Medicare B as exempt, you should now begin reporting those sales as you would report sales to any private party.
But what about earlier periods? If your firm is selected for a Board audit, you undoubtedly will be billed for additional taxes for those periods. However, the amount of additional taxes may be subject to adjustment. This is true not only for Medicare sales but for any area where tax changes are recommended by Board auditors. Audits incorporate assumptions and tests that often can be modified and occasionally can be overcome.
Always remember that you have the right to review any tax auditors working papers or have a sales tax expert review the audit on your behalf. Exercising that right will at least bring you peace of mind. It might also result in significant tax savings.