Lawyers

  WHO NEEDS PERM? Many employment-based petitions, such as visa applications for professionals with advanced degrees or exceptional abilities (i.e. EB-2, excluding National Interest Waivers) and visa applications for professionals with a bachelor's degree, skilled workers, and unskilled workers, require PERM labor certification (i.e. EB-3). Labor Certification is Required for Certain Immigration Categories If you are eligible for one of the following visas, you must first receive an authorized work certification before proceeding with your immigration process. EB-2: Employment-based immigration petitions with a second preference, omitting NIW. EB-3 petitions are for third-preference, employment-based immigration. NO LABOR CERTIFICATION IS REQUIRED FOR THESE IMMIGRATION CATEGORIES If you are eligible for one of the following visas, your immigration process is not contingent on obtaining a labor certification. EB-1: immigration petitions for Ali...

  How Does Bankruptcy Automatic Stay Work? If you live in New York, and you are being harassed by creditors or collection agencies, the automatic stay part of the bankruptcy process may give you room to breathe.  What is an Automatic Stay? Under Section 362 of the United States Bankruptcy Code - https://www.usbankruptcycode.org/ , as soon as you declare bankruptcy, and your paperwork is submitted to the court, an automatic stay kicks in. This prevents most people and companies from trying collect the money you owe them. Most debtors and bill collectors must immediately stop trying to call, write, or email you. Let’s look at what an automatic stay does and doesn’t cover. An Automatic Stay Can… Slow down evictions – an automatic stay can temporarily stop an eviction, giving you additional time to try and pay down your back rent or to find a new place to live. However, this doesn’t cover all eviction proceedings, which we’ll cover in the next section. A...

  What Makes a Divorce Expensive in New York? First, it’s important to understand that there are two kinds of divorces - contested and uncontested. During an uncontested divorce in New York , both parties agree on all the terms and do not need the court to divide assets or make determinations about child custody. Thus, an uncontested divorce is usually a quicker process and is less of a financial burden. An uncontested lawyer will be able to assist with this divorce route. On the other hand, a contested divorce in New York is one in which the spouses cannot agree on dividing the assets, distribution of debts, custody of children, or child support. Property division can take a lot of time to resolve, especially in high-net-worth cases. Essentially, the more contested your divorce becomes and the more issues the spouses can’t agree on, the more time your divorce will take both in and out of court. These issues can and will drive up the cost of your divorc...

  Upkeep As you might possibly know, there were critical changes to the homegrown relations law (separate from law) and the family court act (family law) that produced results in the start of 2016 in New York. The main parts of those changes related to how courts give transitory and last honors of upkeep (you might know it as divorce settlement). In 2010, New York established an equation for impermanent upkeep however adhered to a rundown of variables that they could use to change the what recipe gives. Last honors of support upon a separation were as yet in view of a rundown of elements. Beginning around 2016 a recipe is restricting on all brief and last requests of support except if the court explicitly strays in view of specific variables. A portion of those variables included yet were not restricted to, the age and soundness of the gatherings, the present or future acquiring limit of the gatherings, remembering a past filled with restricted cooperation for the labor forc...

  Labor Certification Requirements Both the employer and the employee must meet certain conditions when submitting a PERM labor certification application. The petitioner is the employer, and the beneficiary is the potential employee. Requirements of the Employer The petitioning employer must show that the following facts are true: The work is a full-time position in the United States. The role is a legitimate job opportunity for Americans. The job requirements are not suited to the qualifications of the alien worker. In other words, unless such requirements can be proved to emerge out of business necessity, the employer must establish that the job's criteria are not overly restrictive. The provided wage is in line with industry standards. To meet this requirement, the wage must be equal to or greater than the prevailing wage in the intended employment region for the occupation. (Previously, the US Department of Labor (DOL) accepted a 5% deviation; however, th...

  What Can I Do With All This Debt? If you live in New York, and being overwhelmed with debt, there are a number of ways that a good debt lawyer can help. Debt is a fact of life for most Americans. When times are good, most people can keep a handle on it. But when things change (getting sick, losing your job, divorcing, etc…), it’s easy to become overwhelmed. There are several kinds of debt, and each have their own unique challenges. ·        medical debt ·        student loan debt ·        credit card debt ·        tax debt ·        business debt ·        housing debt (mortgages and rents) Medical Debt Even if you have a good insurance plan you can suddenly find yourself owing hundreds of thousands of dollars in medical bills. One...

It's nothing unexpected that the Covid pandemic is causing divorce rates to increase as isolation has set extra strain on connections. The blend of couples caught in the house, self-teaching youngsters, working from a distance, managing joblessness and monetary strain, stressing over their wellbeing and the soundness of friends and family, and possibly encountering the demise of a friend or family member has put a critical strain on connections making numerous relationships arrive at their limit. The Pandemic and Divorce Rates At the point when the pandemic started in March there was an increase in separate from rates. The New York Post announced that individuals petitioning for partition during isolation topped broadly on April 13, 2020, which was around three weeks after most states started lockdowns. https://nypost.com/2020/09/01/separate rates-soar in-u-s-in the midst of Coronavirus/ Besides, information gathered by Legal Templates, an organization that gi...

Do You Need a Divorce Lawyer? Hiring one  Top Quick Queens Divorce Lawyer  is already expensive, how much more if you hire two? In contested and very complicated divorces you may need the assistance of another lawyer. However, each case is unique. There are also some instances where you can forgo the assistance of a family lawyer or a divorce lawyer . When you do need a divorce lawyer If the separation is far from amicable and court hearings are likely inevitable, then you will need a divorce lawyer, a very good divorce lawyer at that. But even when there is a possibility you can settle the divorce without going to court lawyers are needed, especially when you have a lot to handle. Lawyers typically come in the picture when the spouse contests the divorce and a negotiation of a settlement is needed. This could involve child custody, child support , alimony, division of debts, and divorce property (comes in the form of businesses too). Older couples who hav...

  Beckerman & Granados, PLLC - Fast Divorce Lawyer in New York When it’s Time to Move On Marriage is a fickle partnership where two people who are typically opposite each other in many ways are joined together legally to live together as a family.  Unfortunately there are times when a marriage does not work out and for some people multiple marriages may not work out.  No one enters a marriage with the idea in mind that they will eventually split apart, but it does happen. Even after long counseling sessions and time apart some marriages do end in divorce.  If you and your partner are considering a fast divorce and simply can’t work things out for yourself there are many options for you but the first thing you need to do is hire a  divorce lawyer in New York.  While there are many legal teams and practices all over New York and in the New York area the best team to help you through this tough time is the team of Barrocas, Mintz, Misurac...

  New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution Homegrown Relations Law §236 now incorporates abusive behavior at home as a variable to think about while deciding fair conveyance in New York. At the point when the Legislature changed Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding another variable that the court should consider in disseminating property between separating from mates, they suggested it be on future marital case just as existing case law. The corrected law basically commands that the court consider "regardless of whether either party has submitted a demonstration or demonstrations of aggressive behavior at home, as portrayed in [Social Services Law §459-a] against the other party and the nature, degree, term, and effect of such demonstration or acts." DRL §236B(5)(d)(14). Abusive behavior at home causes physical, passionate, and mental consequences for the person in question. Subsequent...

My Business is Drowning in Debt! What Can I Do? If your business was badly hurt by the pandemic shut down, you may be able to reorganize your company’s debts under a special type of Chapter 11 bankruptcy . COVID Was Also a Small Business Disaster In New York, small businesses were hit hard when the state shut down for almost a year. While some service industries were able to pivot to working from home, small retail owners were left with no customers and growing bills. If you have reached the point where your business’s debts are becoming overwhelming, the right debt lawyer may be able to help. The Small Business Reorganization Act The Small Business Reorganization Act (SBRA) is a part of Chapter 11 bankruptcy (subchapter V) that was designed specifically to help smaller business. Like Chapter 11, SBRA allows small businesses keep their businesses open while reorganizing their company’s debts. Previously, to be able to be a part of an SBRA program, your business could be in no more tha...