Prior to preparing the H-1B petition for a foreign employee, US employers shall determine whether the specific occupation falls under the H-1B category or not. Currently, the H-1B category covers only foreign employees who come to US to perform services in a specialty occupation or are models of distinguished merit and ability.
A specialty occupation is an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. INA § 214.2(h)(4)(iii)(A). Some occupations clearly fall under the specialty occupation for H-1B purposes, and employers do not have to do much to show that the offered position is in a specialty occupation. The list of these occupations includes, but is not limited to, lawyers, accountants, engineers, architects, psychologists, scientists, and financial analysts. For these occupations, employers do not need to submit extensive evidence to show that the position is in a specialty occupation. For other occupations, which do not clearly fall under the specialty occupation category, employers will have to demonstrate that the position is in a specialty occupation. Employers can demonstrate that the position is in a specialty occupation by showing that it meets one of the criteria specified in the Immigration and Nationality Act. The adjudicators at USCIS rely on the Department of Labor’s Occupational Outlook Handbook to determine whether the position is in a specialty occupation or not. This handbook specifies the duties and requirements for different positions, including the requirements for entry into the specific occupation. The Handbook can serve as a comprehensive guide for employers to determine whether the specific position will qualify as a specialty occupation or not. Employers shall keep in mind that the H-1B category does not cover all the occupations, but only specialty occupations. Hence, employers shall determine whether the specific position is in a specialty occupation, and only after that shall start working on the H-1B petition. If the position is not in a specialty occupation the H-1B petition will not be successful, and employers should think about alternatives.
Do you need more specific information? A Glendale immigration lawyer at KAASS LAW can provide you with any sort of legal assistance you may need. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
California law generally prohibits individuals from recording confidential communications between two or more parties.
Under Penal Code Section 632 (PC-632), authorized under the California Invasion of Privacy Act, makes it illegal for an individual to record a “confidential communication” whether the communication is carried among one of the parties or recorded on a telephone.
California Penal Code section 632.7 enforces criminal liability upon persons who record confidential communications. While Penal Code section 637.2, enforces civil liability upon persons who intercept or receive a communication involving a cellular or cordless telephone and record the communication without consent.
Under Penal Code § 632(c), defines “confidential communication” as any communication disclosed between two persons in a private environment. This excludes communication exchanged between two people in a public environment because the conversation could be overheard or recorded by anyone within the vicinity of that area.
Did you know you can become a permanent United States resident by investing money into a US business?
If you are interested in becoming a US permanent resident via EB-5, below are a few things you should now about EB-5 investment program:
The immigrant investor must invest or be actively in the process of investing $1.000.000.
The qualifying amount of investment is $500.000 for targeted employment areas which are rural areas and areas with high unemployment rate. A mere intent to invest or prospective investment arrangements without present commitment will not suffice.
The investment must take the form of contribution of capital that has been placed at risk for the purpose of generating income.
The USCIS rules define capital to include cash, cash equivalents, equipment, inventory, other tangible property, and indebtedness secured by assets owned by the investor. The required investment cannot be made in the form of a loan to the company. The foreign investor also has to show that the invested capital was obtained through lawful means.
According to the United States Department of Transportation, nearly 80 percent of motorcycle accidents are either fatal or cause injuries. Understanding of your rights cannot hurt as much as getting into one. California motorcycle accident laws are very similar to those in other states. There are some differences that are specific to California.
California is the only state that permits lane splitting, “squeezing” in past slow or creeping traffic. California bikers must wear helmets at all times and must carry liability insurance at all times. California bikers must possess a Class M1 or M2 license and pass a skills test. Many times even the most skilled motorcyclist are involved in accident, i.e., motorcycle-auto or motorcycle-truck accidents. There are various causes for motorcycle accident such as:
It is possible that your insurance company uses or has used Colossus in the past to determine how much should they pay you for your injury.
Wait, so you mean a computer decides the value of my injuries? Yes, a computer program computes the value of human injuries. Sadly, many times, these settlement offers are unreasonably low. If you received an unreasonable settlement offer for your damages, you can file a bad faith claim against your insurance company with regards to the use of Colossus. If you believe that you may have a bad faith claim against your insurance company give KAASS LAW a call for a free consultation with a personal injury attorney or accident attorney. Our skilled Glendale personal injury lawyers, insurance litigation attorneys, economists, and negotiators work together to secure fair settlements.
If you are an officer, president, or owner of California corporations and have been served with legal papers for a lawsuit or pending legal proceedings, it is crucial to hire a business lawyer to represent you in court. This is not just a recommendation—it’s the law. According to Paradise v. Nowlin (1948) 86 C.A.2d 897 and Code of Civil Procedure § 116.540(b), California law prohibits anyone other than a licensed California attorney from representing a corporation or LLC in court proceedings, except in small claims cases.
California law treats corporations as separate legal entities from their owners, officers, and directors. This means that even if you are the CEO of a corporation, you cannot represent the corporation in court unless you are a licensed attorney in California. Courts recognize corporations as distinct "persons" under the law and require them to have representation by a licensed professional. Attempting to represent your corporation without an attorney risks case dismissal or sanctions.
Los Angeles Personal Injury Attorneys and Accident Litigation Attorneys are Prepared to Help Potential Victim's Bring Wrongful Death Lawsuits.
A wrongful death lawsuit involves the deceased's estate or family member to bring a claim against a wrongdoer for causing the death of another, either negligently or intentionally. Wrongful death lawsuits fall into two categories: intentional deaths and negligent deaths.
Common examples of wrongful death cases brought under negligence include: medical malpractice, car accidents, bicycle accidents, motorcycle accidents, truck accidents, semi-truck accidents, medication errors, drowning accidents, slip and fall accidents, and defective products.
Usually, wrongful death claims are based on a theory of , victims must prove that the wrongdoer owed the deceased a, the wrong does breached that duty, causing damages as a result of the breach.
Can’t get a job because you have a criminal record? There is help. Use KAASS LAW legal tips to get your life back! In order to clear your record, you need to get your conviction expunged. What does that mean you might ask? Well, read carefully!
If granted in court, after your conviction is expunged it will allow you to reopen your case and set aside the conviction.
Such convictions are either a misdemeanor or certain types of felonies. You will be able to withdraw your plea of “guilty”, enter a plea of “not guilty”, and close the case without a conviction. However, this does not mean that your case entirely gets removed from your record. The arrest and charges will still exist and you must disclose the conviction in any direct question contained in any application for public office, for censure by state or local agency or for a contract with the California State Lottery.
Under California law, Uber, Lyft, and other TNCs are required to carry an insurance policy containing $1 million liability coverage. Unfortunately, many times both passengers and pedestrians that have been injured by an Uber or Lyft driver’s negligence face a great deal of difficulties in recovering fair settlements. Our Ride-Share Accident Attorneys have helped many Uber and Lyft drivers that have been involved in accidents. Many feared being sued after their insurance company denies coverage under their insurance policy.
Next time you decide to use Uber for a night out in Hollywood, make sure the driver has the proper insurance coverage, such as Metromile, which is discussed below. Our Los Angeles Uber Accident Lawyer at KAASS LAW will frequently encounter the following questions: As Uber and Lyft passengers' what happens if we are not covered under an Uber or Lyft drivers insurance policy? What happens if the insurance company denies a passengers claim? What if Uber passenger sustained injuries and were rushed to the hospital? Will Uber pay for my medical bills, treatments, and other damages? How do drivers and passengers recover money damages? If you were involved in an Uber or Lyft accident or have any questions regarding ride-share insurance, Uber accident, Lyft accident, or any of the questions listed above, give us a call for a free consultation and maximize recovery for your Uber accident injury claims. represent Uber and Lyft drivers in Los Angeles, Glendale, and the San Fernando Valley.
Lane splitting happens when a motorcycle drives between two lanes of stopped or slowly moving cars. Thus, many drivers will notice motorcyclists drive in between two lanes. Usually, we will notice many motorcyclists' split lanes during rush-hour traffic on interstate 5, i405, or 134 freeways. So what happens if an accident occurs while a motorcycle is lane splitting? Well, truth is, proving if the driver or rider was at fault can get a bit tricky. This may depend on a number of factors, such as if the driver or rider was speeding, driving recklessly, what the police officer determined or noted in the police report Is Lane Splitting Legal? Not all states allow lane splitting, but in California, motorcyclists are legally allowed to lane split. However, only if the rider acts in a reasonably safe and prudent manner.
Lane splitting can be the cause for accidents due to little amount of space to maneuver through. If an accident occurs while the motorcyclist is lane splitting, more times than not, the driver will blame the rider for the accident. Also, if the insurance adjuster or a police report finds the motorcyclist's carelessness or unsafe riding as the cause of the accident, the rider may find it difficult to recover damages. Thus, it is probably best for motorcyclists to immediately seek advice from an experienced motorcycle attorney. Hiring a may help preserve your claim. Also, one of the most detrimental things a motorcyclist can do is submit a recorded statement to the opposing insurance company. If you were involved in a motorcycle accident you call us directly and request a free consultation.
(b) This section shall not apply to any of the following:
(1) Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c) As used in this section, each of the following terms have the following meaning:
(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.
(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.
Pursuant to Roberts v. Wyndham defendants' motion to dismiss plaintiffs' claims brought under Cal. Penal Code § 632.7 was denied because plaintiffs suspected a communication involving at least one cellular phone, which satisfied the California Supreme Court's interpretation of § 632.7.
The appeal of section 632.7 to plaintiffs is that it may not require the subject communication be confidential, unlike section 632. The question arises whether Section 632.7 applies to the parties involved in a cellular or cordless telephone call.
Please get in touch with KAASS Law for any questions or concerns.
The qualifying investment must be in a new commercial enterprise.
An enterprise established after November 29, 1990 is considered a new enterprise even if the investor did not participate in its establishment. When a person makes investment in a business established on or before November 29, 1990 the investment will qualify for E-B5 purposes if the investor establishes one of the following: (1) the investment will result in a substantial change in the business; or (2) the business will be restructured or reorganized.
The investor must be engaged in the management of the company where he invests.
This can be done either through managerial control or through policy formulation. This requirement can be satisfied by becoming a corporate officer or being a member of the board of directors. Maintaining a purely passive role towards the investment cannot satisfy the requirement of USCIS rules.
The enterprise must benefit the US economy by creating full-time jobs for at least 10 qualifying employees.
There is an exception to this rule for troubled businesses where the investment does not have to create 10 new jobs but the investor has to show that the number of existing employees is or will be maintained at no less than the pre-investment level for at least two years.
There is an annual limit of 10000 E-B5 visas per year. Until now the annual E-B5 cap has never been reached.
The investor is initially granted conditional residence for two years.
Prior to the expiration of two years the investor must file a petition requesting removal of the conditional basis of the residence. The investor must show that he still meets the conditions for participation in the program.
Do you need help deciding on what steps to take next? A Glendale immigration lawyer at KAASS LAW can help you out with any sort of legal assistance you require.
It is important for you to protect your legal rights when involved in a motorcycle accident. Never sign a document that is presented to you by the opposing insurance company without having an experienced California motorcycle accident lawyer review it for you first.
Many times, insurance adjusters will offer very low settlement offers. Other times the driver will deny fault and attempt to force the motorcyclist to admit fault. It is important that you consult with an motorcycle accident attorney to help preserve your rights. Call KAASS LAW and schedule you with a free consultation with an experience motorcycle accident attorney.
Our Los Angeles motorcycle accident attorneys represent riders in Glendale, Los Angeles, Burbank, Woodland Hills, North Hollywood, San Fernando Valley, and the surrounding cities.
Rule 23 of the Federal Rules of Civil Procedure: Rule 23 requires the following: (1) the class is so numerous that joiner of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and; (4) the representative parties will fairly and adequately protect the interests of the class. To certify a class under Rule 23(b)(3), questions of law or fact common to the members of the class must predominate over any questions affecting only individual members.”
Failing to hire an attorney to represent your corporation in court can lead to serious legal and financial consequences. Improperly appearing in court on behalf of your corporation without legal representation can delay or dismiss your case, or result in a default judgment for the other party. A default judgment means the opposing party could win the case without the court ever hearing your defense, leaving your corporation liable for damages, penalties, or other legal consequences. In addition to court-imposed penalties, failing to secure representation can result in missed opportunities to negotiate or settle disputes out of court. Experienced business lawyers often possess the strategic insight and negotiation skills to shorten the legal process or even prevent cases from going to trial. This could save your corporation significant time, money, and reputational harm.
A qualified business attorney guides you through complex court procedures, ensures you meet all deadlines, and protects your corporation's rights. Once served with a summons and complaint, your corporation typically has 30 days to file an answer with the court. Missing this deadline can result in a default judgment, leaving your corporation with no legal recourse. Moreover, business lawyers evaluate the strengths and weaknesses of your case and develop strategies tailored to your specific situation. Whether it's negotiating settlements, filing motions to dismiss, or representing your corporation in a full trial, having an experienced legal team by your side is invaluable. In many cases, having a business defense attorney involved early can lead to quicker, more favorable outcomes. Some attorneys may be able to negotiate settlements that avoid lengthy court proceedings altogether. Even if litigation is inevitable, a skilled attorney can work to expedite the process. Thus, reduce costs, and minimize the impact on your business.
One of the common concerns for corporations facing lawsuits is the cost of hiring an attorney. However, business defense doesn’t have to break the bank. Many law firms, including ours, offer various fee structures to accommodate the financial constraints of small and medium-sized businesses. These fee arrangements can include flat fees, hybrid fee agreements, traditional hourly rates, discounted fees, and capped fees. At KAASS LAW, we understand that the legal system can be both intimidating and costly. That’s why we strive to provide affordable and transparent legal services that fit your needs. Our goal is to offer high-quality legal representation while ensuring that our clients feel comfortable with the financial aspect of hiring an attorney.
Our attorneys are licensed to practice law in California. They have years of experience handling business litigation, corporate disputes, and defense cases. Whether your corporation is facing a breach of contract claim or other business-related litigation, our team is prepared to represent your corporation with professionalism and dedication. We have a deep understanding of California corporate law, and we take pride in defending businesses across various industries.
If your California corporation is facing a lawsuit, don’t wait to get legal help. Schedule a consultation with one of our experienced business law attorneys today. Remember, your corporation’s legal interests matter, and with KAASS LAW, you’re in capable hands. Contact us today to learn more about how we can help your business.
Our attorneys at KAASS LAW are authorized to practice law in California.
Usually a representative of the deceased’s estate or next of ken can file an Wrongful Death Claim. All states, including California allow spouses to bring wrongful death lawsuits on behalf of their partner. Parents may also bring wrongful death lawsuits on behalf of their minor children.
Medical expenses that the deceased incurred, funeral and burial costs, loss of the deceased person’s expected income, and loss of consortium. A loss of consortium claim is brought for the loss of intimacy between spouses. In some cases victims may win punitive damages.
Bringing a wrongful death lawsuit can be a complicated process, thus if an deceased's estate or family member is considering bringing a wrongful death lawsuit should seek the advice of a legal professional. If you are interested in bringing a wrongful death claim against a medical professional, hospital, or other wrongdoer, call our 24-hour answering line and request a free wrongful death consultation from a Los Angeles personal injury attorney.
Yes, the California Judicial Council Form CR-180 is the form to file a petition for dismissal pursuant to California Penal Code § 1203.4. as well as § 1203.4a. Filing a petition for dismissal can be relatively easy, however, it can be a bit confusing. There are a number of forms that you must fill out and properly file them with the appropriate court. If you need help expunging your criminal record get help from a Los Angeles criminal defense attorney or call our office at (310) 943-1171 and schedule a free consultation.
However, if you served state prison time and or parole or are a parolee, you are ineligible for an expungement. But, you may still be eligible to apply for a Pardon. Further, there are certain Misdemeanor/Felony violations that are prohibited from being expunged. If you are unsure if you qualify, you may seek the advice of an experienced Los Angeles Criminal Defense Attorney. We hope this information was helpful. Stay SAFE! Glendale Criminal Defense Lawyer
California Insurance Commissioner allowed Uber to obtain additional liability coverage through an insurance company called, “Metromile”. Metromile Insurance Company offers drivers the opportunity to add coverage on top of their personal auto policy. If your driver has additionally liability coverage with Metromile, it goes into effect as soon as they turn on their app. In other words, once an Uber driver, begins working and turns on the Uber app, liability coverage with Metromile goes into effect.
What if I sustained injuries?
What should I do next?
Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.
If you or a loved one has been involved in a motorcycle accident we invite you to contact our Los Angeles motorcycle accident attorney at (310) 943-1171 for a free consultation.