Lawyers

 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, and...

  Can I Negotiate Down My Business Debt? Most growing businesses take on debt at some point, but sometimes your debt can spiral out of control. If your business is based in New York, you have some options. What Types of Business Debt Are There? Business debt comes from multiple sources: Secured debts – loans like mortgages, equipment financing, and/or vehicle loans. Unsecured debts – loans like credit cards and/or personal loans. Leases – leases for business offices, machinery (like copiers, phone systems, and vehicles). Taxes – federal, state, and local government taxes like income, payroll, corporate sales taxes, and real estate taxes. Payroll – the actual compensation for employees and independent contractors. Basic Expenses – rent, utilities, and other monthly bills from various contracted vendors. How Can I Get My Business Debt Under Control? If you’ve already done your best to cut extraneous expenses and generate more business income, having a deb...

COVID-19 Impacting Divorce Rates It’s no surprise that the coronavirus pandemic is causing divorce rates to rise as quarantine has placed additional strain on relationships. The combination of couples stuck in the house, homeschooling children, working remotely, dealing with unemployment and financial strain, worrying about their health and the health of loved ones, and maybe even experiencing the death of a loved one has put a significant strain on relationships causing many marriages to reach their breaking point. The Pandemic and Divorce Rates When the pandemic began in March there was already an uptick in divorce rates. The New York Post reported that people filing for separation during quarantine peaked nationally on April 13, 2020, which was about three weeks after most states began lockdowns.  https://nypost.com/2020/09/01/divorce-rates-skyrocket-in-u-s-amid-covid-19/ Furthermore, data collected by Legal Templates, a company that provides legal documents, reported the n...

 In the Workplace, Advocating For Your Rights In an ideal world, you would be able to go to work without fear of sexual harassment, discrimination, or wrongful dismissal. Many workers, unfortunately, are subjected to these and other illegal employment practices daily. You need an attorney who will fight for you if you find yourself in one of these circumstances. The Yale Pollack Law Firm in Nassau County attempts to expose workplace malfeasance. As you seek justice, you will not be alone. When you deal with us, you’ll be working with a firm that will assist you in gaining the confidence you need to fight back. Nassau County is regarded as a particularly employee-friendly jurisdiction, with rules and regulations that mostly benefit employees. Even with those safeguards in place, you may still be the victim of illegal employment practices. We’ll look over your claims and come up with the best strategy for your case. We develop a strategy that is effective for you. ...

  What is an EB-1 visa?   EB-1 visas are held for foreigners of excellent ability. There are three classes of EB-1 visas accessible:  People with Extraordinary Ability  USCIS defines foreign nationals with extraordinary abilities as “people with extraordinary ability in technical studies, arts, education, business or sports which has been shown by sustained national or international recognition and whose accomplishments have been perceived in the field through extensive documentation.” This class is for individuals who have gotten the Nobel Prize or comparable honors. Notwithstanding, as there are very few individuals who get these honors, there are other methods of demonstrating your extraordinary ability.  To apply under this classification you should submit at any rate three of the accompanying requirements as narrative proof along with your application to USCIS:  1. Receipt/Confirmation of lesser perceived prizes or grants for ...

A FATHER’S RIGHTS AFTER DIVORCE Most couples believe that after getting a divorce all their problems will end. This concept is not necessarily true especially when the divorced couples have children in common. Child Support The non-custodial parents, which is usually the father, faces a challenge when he cannot afford to pay child support. I always tell my male clients that it is easier to increase child support than decrease it. However, it is possible to decrease court ordered child support payments if the non-custodial parent is laid off from their job, their salary decreases, or if they have another child from another marriage that they are supporting. The mistake that most fathers make is that they ignore their child support orders and let themselves fall deep into arrears simply because they cannot afford to pay the child support amount. If the mother then files for a violation of child support, the father might go to jail if the court finds that he is willfully n...

What Does Testing Eligibility Mean in Chapter 7 Bankruptcy? If you are an individual attempting to declare Chapter 7 bankruptcy in New York, you may have to pass a series of tests in order to make sure you are eligible. If You Want to Declare Personal Bankruptcy If you are drowning in consumer debt  https://www.ny-bankruptcy.com/is-chapter-7-bankruptcy-right-for-you/  and you decide to declare personal bankruptcy, the first thing a trustee will look at is which classification you are eligible for. To do this, there is a series of tests to determine how best to deal with your case. For a Chapter 7 case, if the majority of your debt is “consumer debt”, you must complete what is known as a “Means Test”. The Bankruptcy Code defines “consumer debt” as debt incurred by an individual primarily for a personal, family or household purpose. Consumer vs Non-Consumer Debt One item the trustee will look at is what types of debt you have. Most personal bankrupt...

 Many employers ignore their legal commitments to their employees. Employer misbehavior can include discriminating against or harassing employees who are members of protected classes, as well as failing to pay employees the minimum wage and overtime required by law. Employers may retaliate against employees who have complained about their abuse in some instances. Our New York City employment discrimination lawyers at Yale Pollack Law Office are conversant with federal, state, and municipal legislation. When appropriate, we can assist you in filing a charge with the Equal Employment Opportunity Commission (EEOC) or a lawsuit for damages. Whether you need a sexual harassment lawyer, help with a wrongful termination claim, or something else, Yale Pollack is here to help. We have employment lawyers on Long Island who offer free consultations to employees and job candidates whose rights have been infringed. Do you require assistance with a work-related issue? You’ve arrive...

 Employment law is the branch of US law that governs how an employee and an employer can collaborate. It governs the interactions between employees, managers, and owners, ensuring that everyone is treated fairly and politely. It specifies how and when an employee can work, how much they should be paid, and the minimum safe and adequate working conditions. It also establishes when an individual may be recruited or fired, as well as the rights of both employees and employers. Both the federal and state governments have enacted a slew of employment laws to protect workers against discrimination, unfair labor practices, and hazardous working conditions, among other things. From the interview and recruiting stage to promotion and termination, this area contains in-depth resources on all aspects of the employment process. You’ll also find thorough guidance on hiring an employment lawyer , as well as information on workplace privacy, wage and hour legislation, workplace safety, and f...

  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, this is...