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 Aliens with Extraordinary...

 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 than $2,725,625 in debt. ...

  Why Prenuptial Agreements are Important? In recent years the divorce rates in New York have gone up, couples face an approximate 50% chance of divorce. A divorce can place a toll on your financial well-being -- especially if you the higher earning spouse known as the "monied spouse." The  average length of a marriage  in the U.S. is  eight years ; however, in recent years the divorce rate has increased.  The divorce rate increased exponentially after the covid pandemic.  This has been attributed to extended time at home, a lack of outlets (due to recreational facilities being closed), and added stress.  A prenuptial agreement will dictate how your property is distributed in the event of divorce or death of a spouse, and if if drafted properly —  can be a powerful tool to protect your assets! A Prenuptial Agreement Can Protect Your Financial Well-Being in the Event of Divorce. Full Disclosure is Required in a Prenuptial Agreem...

 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% deviat...

 How Can I Evict My Tenant? What landlords in New York need to know before trying to evict a tenant. If you live in New York, you may* be able to evict a tenant under the following conditions: Non-payment of rent Damage of rental property Failure to follow other tenant obligations listed in your lease Sale or foreclosure of the property Withdrawal from the rental market *During the COVID-19 pandemic, New York launched an eviction and foreclosure moratorium. This moratorium is currently slated to end August 31, 2021, but may be extended depending on circumstances. Non-payment of rent If you simply want the money that is due to you**, you can start a “non-payment action.” You first have to send your tenant a 14 Day Written Demand – a letter, sent via UPSP Certified Mail. In this letter you spell out to the tenant that unless the back rent is paid in full, they have 14 days to move out or else eviction proceedings will begin. Until this l...

  What Makes a Good Divorce Attorney in Brooklyn? If you are getting divorced in Brooklyn, NY, it it critical to select the right divorce attorney.   You will want an attorney who: i) is experienced in both matrimonial law and family law,  ii) has business litigation experience, iii) has trial experience, iv) has appellate court experience. Divorce cases can be complex and require an attorney to have a sound understanding of business litigation.  This is particularly true when a spouse owns a business.  Often times, a spouse will attempt to underreport income in an effort to reduce a settlement.   You want an attorney who understands business financials and can determine if a spouse is hiding assets or income. What Happens in a Brooklyn Divorce Case? Divorce court is where couples go to terminate their marriage.  A Judge will determine what property is  Marital Property  and how the property should be...