Whether you are a foreign citizen willing to work in the US or an US employer that wants to hire a foreign employee, below are a number of questions our business startup attorneys encounter regarding H-1B visa:
H-1B visa allows US employers to hire foreign employees on a temporary basis. Please keep in mind that H-1B visa is a non-immigrant visa and does not bring to Green Card unless the employer files separate employment based petition for the employee during his H-1B stay.
The H-1B category is limited to workers coming to US to perform services in a specialty occupation. A specialty occupation is an occupation that requires attainment of a bachelor’s or higher degree in the specific specialty as a minimum requirement for entry into the occupation in US.
The annual H-1B cap is set at 65,000. There are additional 20,000 spots for foreign citizens with advanced degrees from US universities. However, certain organizations are exempt from the annual cap. Exempt organizations include institutions of higher education or related nonprofit entities, nonprofit research organizations, and governmental research organizations.
The H-1B petition may be approved for an initial maximum three-year period. Petition extensions may be obtained up to additional three years, for a total maximum period of stay of six years. When the employee reaches the limit, he must reside abroad for a period of one year before he can reenter US in the H-1B category.
Employers who are bringing workers in H-1B category must pay the employees the prevailing wage for the specialty occupation in the territory where the employment will take place. For instance, an Los Angeles Startup company is looking to hire a foreign software developer on H-1B visa basis. The company will have to pay the foreign worker the prevailing wage for software developers in Los Angeles. Information about prevailing wages for all the occupations in all the states can be obtained from the Foreign Labor Certification Data Center Online Wage Library.
If your company is seeking to sponsor an employee for an H-1B and is unfamiliar with the H-1B process, give our Business Startup attorneys a call. They will advise you on the requirements, help you decide what job title would be appropriate for the employee, and guide you through the process. Our attorneys specialize in other types of employment law matters as well.
Generally H-1B petitions can be filed up to six months before the intended commencement of employment. For cap purposes, the filing season for a given fiscal year starts on April 1 for employment starting on October 1. The annual cap is usually reached within a few days after April 1, therefore, employers willing to hire H-1B workers must have their H-1B petitions ready by April 1. In order to send the H-1B petition on April 1, employers must plan ahead to fulfill all the procedural requirements and to have all the supporting documents ready.
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There are a few steps a trademark owner can take once discovered a competitor or a competitor offering similar goods or services uses a mark, such as a company logo, that is substantially similar to your trademark or service mark.
Trademark infringement is the unauthorized use of a trademark or service mark. A mark that is substantially similar to your trademark may also be considered a trademark infringement. A trademark owner who believes its trade market or service mark is being infringed may file a civil action for trademark infringement. Generally, a trademark owner must present evidence that the similarities of the trademark or service mark can cause a likelihood of confusion to the average consumer. Specific factors are considered and weighted when courts determine the likelihood of confusion thus each trademark infringement action varies from case to case.
Without proper agreements and contracts in place, tech startups in Los Angeles can quickly face serious legal challenges. Since many entrepreneurs have limited funding, they often hesitate to hire a business startup lawyer to manage their legal operations. However, at our firm, we understand the hard work and effort that go into building robotic startups, developing software, and programming innovative solutions. As a result, we offer various fee and payment options tailored specifically for startups. Notably, one of the primary concerns for programmers and developers is how to protect their intellectual property (IP) and proprietary rights, whether for software, applications, or other tech products. Below are some of the most commonly used agreements for tech startups, robotic companies, developers, and programmers:
Licensing agreements are one of the most crucial documents that tech startups rely on to protect their intellectual property, including software and other intangible assets. Key elements to include in a Licensing Agreement:
(1) when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future, and (2) when the mark holder fails to file a statement of use as required by the USPTO. Once a trademark is deemed abandoned the holder has two (2) months from the mailing date of the Notice of Abandonment to file a Petition to Revive the mark. If the mark holder fails to make such a Petition the mark goes back into the public domain (under Federal Law) and any individual is free to use the mark. If the mark holder fails to file a timely Petition his sole recourse is to reapply for a trademark registration. Time is of the essence in doing so because as previously noted other parties are free to begin using the mark and may even file their own trademark applications. Are you in need of services involved with business law near Los Angeles, CA? Our business lawyers at would be happy to help.
Many people use UberX, a transportation service, to help them get around town. It is much cheaper than a traditional taxi and the cars tend to be nicer too.
What happens though if the driver is negligent and gets into an accident while on transporting a passenger? Even more interesting, what happens if the Uber driver gets into an accident without transporting a Uber passenger? Does Uber or Lyft provide insurance coverage for drivers injured due to a car accident? Does Uber driver's personal insurance policy cover the accident? Can injured passengers sue Uber/Lyft or their drivers? These are just a few questions many Uber, Lyft, and other TNC users are concerned about when involved in an accident while using these popular ride-sharing services.
On New Year’s Eve, a six-year-old girl was struck and killed by an UberX driver in San Francisco. The family sued Uber for wrongful death, but Uber denied liability. Since there were no passengers in the vehicle, the driver was not on duty and was not covered by Uber’s insurance. The family argued that since the driver was logged into the Uber app, he was on the job. At that time, Uber had very strict provisions as to what they are liable for. They only claimed liability between the times that a driver was requested and the fare was paid. This means that if a driver is driving around looking for a fare, they are not considered to be on the job; therefore, the driver will not be covered by.
It is a good idea to speak with a trademark or intellectual property attorney to gain a better understanding of your rights and remedies. A California trademark attorney can help explain the process and evaluate whether or not you have a solid case. If you are unable to hire or consult with an attorney, there are also a few immediate steps you may take if you discovered that there has been a trademark infringement:
Absent of legal representation, you can also write a letter to the company or person requesting to stop the use of trademark activity. A cease and desist letter may cover a number of issues, including but not limited to:
If the infringing third party failed to cease and desist infringing activity, at this point it is recommended that you hire an intellectual property or Los Angeles business lawyer that specializes in trademark infringement in order to take appropriate legal action to protect your proprietary rights. KAASS Law may be able to provide you with legal assistance.
Important note: Always put your licensing agreement in writing to prevent misunderstandings.
A joint venture is a mutual collaboration between two or more businesses for a specific project. Joint venture agreements are essential to ensure each party understands their role and responsibilities clearly. Important questions to address in a joint venture agreement:
Independent contractors in California are legally considered non-employees who provide specific services to businesses. Examples include developers, software engineers, marketers, accountants, and other specialists. A solid independent contractor agreement should include:
For tax purposes, remember to complete a 1099-MISC form for independent contractors.
A Technical Assistance Agreement (TAA) outlines the process of sharing technical information, particularly when dealing with foreign nationals. Key considerations for a TAA:
Checklist for a TAA:
For technology companies, a manufacturing agreement is key as it outlines the roles and responsibilities when one company manufactures products for another. Key components of a manufacturing agreement:
Partnerships involve two or more individuals collaborating without the formalities of a corporation. In California, partnerships can be formed through written or oral agreements, or even by conduct. Important aspects of a partnership agreement:
In contrast, forming a Limited Liability Company (LLC) involves filing with the Secretary of State and paying the required fees. The choice between a partnership, LLC, or corporation depends on your startup’s goals, liability concerns, and tax preferences.
If you have questions about contracts and agreements for your tech or robotic startup—such as licensing agreements, joint ventures, or manufacturing agreements—our team of experienced California business attorneys is ready to assist you. Call us today at (844) 522-7752 for personalized legal support.
In March of this year, Uber announced that they would be changing their insurance coverage. They would now cover accidents as long as the Uber driver was at fault and logged into the Uber app, even if they were not transporting a passenger. Although this is a big step forward, there are still some provisions to be aware of. Uber’s insurance will only cover the accident if the driver’s personal insurance fails to do so. They will also only cover up to $100,000 in bodily injury and $25,000 in property damage.
UberX is a cheap way to get around town if you need transportation, but it is important to educate yourself on policies and provisions that may affect you. If you are an Uber passenger and are involved in a car accident, it is important to find an experienced personal injury attorney.
Make sure your rights are not violated! Don't settle for pursuing a court case without guidance. Our Glendale auto accident attorneys at KAASS LAW can provide you with any sort of legal assistance you require.