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...

  Employment Lawyers on Long Island The employment lawyers at Yale Pollack Law Firm represent workers in New York City and Long Island. Our attorneys are competent, proactive, and eager to fight for your rights in cases ranging from sexual harassment to discrimination and retaliation to unpaid wages and overtime. Our lawyers have been appearing before federal and state court judges from the beginning of their careers, unlike other lawyers who have never seen the inside of a courtroom. Our employment lawyers on Long Island offer free consultations and are ready to put their years of experience to work for you. Our employment attorneys are thought leaders in the field. For several years, the founding partners have been recognized in Super Lawyers magazine, their work has been praised by courts, and the firm has received good ratings on attorney reviews and other websites. Its firm attracts newsworthy cases, and our attorneys have been quoted in a variety of New York Cit...

  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. ...

  New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution Domestic Relations Law §236 now includes domestic violence as a factor to consider when determining equitable distribution in New York.  The legislatures amended the Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding a new factor that the court must consider in distributing properties between divorcing spouses.  The amended law essentially mandates that the court consider “whether either party has committed an act or acts of domestic violence, as described in [Social Services Law §459-a] against the other party and the nature, extent, duration, and impact of such act or acts.” DRL §236B(5)(d)(14).  Domestic violence causes physical, emotional, and psychological effects on the victim.  Thus, the legislatures believed that abuse within a marriage must be considered to appropriately resolve the issue of whether the victim should receive more than...

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 divorce t...

 Assuming that you are suffocating in Mastercard obligation or hospital expenses, Chapter 7 liquidation might be out. Do you quality for Chapter 7 liquidation? You may if: You owe over half of what you bring back every year It would take you north of 5 years to repay everything You don't claim different vehicles or houses Your obligation depends on Visas, doctor's visit expenses, or individual advances Assortment organizations are calling 2020 was an intense year for a considerable lot of us. Between cutbacks, startling clinical costs, surprising EVERTHING costs - it left a ton of good, focused individuals suffocating paying off debtors. In the event that you live in New York, Chapter 7 liquidation might assist with dealing with a large portion of your obligation, giving you the existence you want to recover financially. The following are 7 things to be aware of Chapter 7 liquidation: You'll have the option to keep your home, your vehicle, you...

  The Program Electronic Review Management (PERM) system is used to conduct labor certifications, which are the first stage in obtaining an EB-2 or EB-3 visa immigrant visa for certain foreign people. Overview All labor certification applications must now be filed through PERM, which was initially implemented on March 28, 2005. For new labor certification filings, forms such as ETA Form 750 and Reduction in Recruitment (RIR) are no longer available. EB-2 (with the exception of National Interest Waivers) and EB-3 are the employment-based preference categories that need PERM labor certifications. Purpose The Department of Labor (DOL) must issue a labor certification before a U.S. firm can file an immigration petition for a foreign worker in most EB-2 and EB-3 visa positions. To this aim, the employer files ETA Form 9089 to the Department of Labor, which validates the employee's eligibility that 1) There are not enough American workers who are able, qualified...

 EMPLOYMENT LAWYER LONG ISLAND A Legal Team That Is Extremely Responsive to Your Needs We value our clients and the facts at Yale Pollack Law Firm in Long Island. As a customer, you will receive a straightforward appraisal of your circumstances. Following a study of the facts surrounding your prospective claim, we will tell you what we believe your odds of success are and explain why. As your case progresses, our legal staff will explain the obstacles you’re up against and the legal concerns at hand, as well as provide you with information about the process. We take pleasure in promptly responding to all inquiries and ensuring that our clients are constantly kept up to date on the status of their claims. A Legal Professional Who Cares Team Is Ready To Assist At Yale Pollack Law Offices , we understand that anyone who has been gravely injured or is facing legal issues is going through a difficult time emotionally and financially. We make it a point to put peopl...

  Green Card Lawyer The way toward acquiring permanent resident status, or a “green card,” can be amazingly complicated, particularly for individuals who are new to U.S. immigration law . Indeed, even the easiest of the principles that direct whether a specific individual is qualified to acquire a green card have considerable exemptions that might apply to your situation. Likewise, the documentation that a green card applicant is needed to create to effectively acquire a permanent residency can be incredibly complex, and errors or exclusions could undoubtedly bring about critical delays or even the denial of your application. Thus, it is exceptionally advisable for anybody that is seeking for a green card to do as such with the help of an accomplished Green Card Lawyer . To acquire a green card, you need to have some identified reason for applying. Some of the more common manners by which individuals get green cards is explained below. Family-Based Green Cards ...

 It's nothing unexpected that the Covid pandemic is causing divorce rates to increase as isolation has put extra strain on connections. The blend of couples trapped in the house, self-teaching kids, working from a distance, managing joblessness and monetary strain, stressing over their wellbeing and the strength of friends and family, and perhaps encountering the passing of a friend or family member has placed a huge 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 detailed that individuals petitioning for detachment during isolation topped broadly on April 13, 2020, which was around three weeks after most states started lockdowns. https://nypost.com/2020/09/01/divorce-rates-skyrocket-in-u-s-amid-covid-19/ Besides, information gathered by Legal Templates, an organization that gives authoritative...

  How to Find the Best Lawyer Determine the area of law that is relevant to your problem. Within the broad field of law, attorneys specialize in specific practice areas centered on legal issues. Seek referrals from friends, family, and coworkers. A successful attorney or practice will usually have several satisfied clients. Find an attorney who is a good fit for your needs. Do You Get Paid for Overtime? Employees are paid one and a half times their regular hourly rate for each hour worked over 40 in a workweek. If you are paid, you are not automatically disqualified from working overtime. The analysis is far more intricate. These kinds of misunderstandings result in underpaid or unpaid overtime premiums. If your overtime hours have gone unpaid or underpaid, you may have a serious wage theft claim. The chart below illustrates how overtime is calculated by using the New York State minimum wage rate as an example – you may be entitled to more than the amount shown in the ...

  Pre-COVID: Mortgage Modifications Agreements in General Assuming you're battling to stay aware of home loan installments and are looking for ways of keeping away from dispossession, there are two or three different ways that could offer the assist you with requiring. To begin with, being a home loan adjustment, which is a change to the reimbursement terms on your current home credit that brings down your regularly scheduled installment so you can remain in your home and stay away from dispossession. A home loan change will diminish installments through any of a few techniques, including, lessening the financing cost, expanding the reimbursement time frame, changing over from a movable to a proper financing cost, or renegotiating. Rigorously talking, a home loan renegotiate isn't a change since it makes another credit understanding, as opposed to changing the current one. Nonetheless, banks may once in a while propose renegotiating for borrowers who have huge resource...

 Unless you are a U.S. resident by birth, you should get citizenship through a process known as naturalization. Consistently, individuals from each side of the world apply for naturalization to enjoy the rights and advantages of U.S. citizenship. If you, as well, are looking for citizenship, having a skilled immigration attorney on your side can improve your odds of accomplishment. U.S. Citizenship and Immigration Services – Shankar & Associates, PC At Shankar & Associates, PC , we comprehend that people starting the way toward citizenship benefit from the compassionate help and informed direction of our citizenship immigration lawyer. We serve clients throughout the country in their endeavors to become citizens. The Naturalization Process Naturalization unfolds citizenship rights for a lot of American immigrants. While strict rules apply, the rewards of U.S. citizenship are worth the wait. When naturalized, foreign-born Americans can partake in leg...

  While New York City has had in place a sick leave law for years now, New York State is now following suit by enacting its own laws as it pertains to sick time from employment. See New York Labor Law §196-b. These are permanent sick time measures that will require New York State employers to provide various amounts of sick time to employees starting on January 1, 2021. Amount of Sick Time Below is a summary of the amount of sick time that New York State employers must provide during any consecutive twelve (12) month period (e.g., fiscal or calendar year): Employers with 4 or fewer employees AND a net income of less than $1,000,000 in the previous tax year must provide up to 40 hours (5 days) of unpaid sick leave each year; Employers with 4 or fewer employees AND a net income of more than $1,000,000 in the previous tax year must provide up to 40 hours (5 days) of paid sick leave each year; Employers with 5 to 99 employees must provide up to 40 hours (5 days) of paid s...