Back Multinational Manager or Executive The EB-1C Visa targets management and executive level employees seeking permanent residency in the United States, also known as a Green Card. It is an excellent option for business leaders from around the world wishing to relocate with their family to the United States. Eligibility Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. EMPLOYER REQUIREMENTS Must have a qualifying relationship with a foreign company. Must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary. Must exist for at least one year in the United States. EMPLOYEE REQUIREMENTS Must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity. Must provide evidence that he/she is of managerial or executive capacity, for example: Manage a function or a department of the organization Supervise the work of others as well as hire and fire subordinates Be able to control the daily activities and salaries of employees Provide evidence that you have managerial or executive capacity: Be able to direct managers in your organization Make far-reaching decisions without substantial supervision Establish large-scale goals and policies DOCUMENTS REQUIRED Applicant: Evidence of permanent job offers from U.S. employers. Ability to conduct business in an executive or managerial capacity. Resume Diploma Confirmation documentation to verify the transfer Affirmation of applicant’s managerial or executive position. U.S. Employer Business License Incorporation documents Business plan Organization charts Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow) Description and letterhead of company business Pictures of main office, factories, and buildings (Outside and inside) Bank Statements Organization Structure Proof of business transactions Articles of incorporation Income taxes for the past 3 years Lease of business location Stock certificates Green Card Process STEP 1: YOUR U.S. EMPLOYER MUST FILE USCIS FORM I-140, PETITION FOR ALIEN WORKER As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. STEP 2: OUTSIDE THE U.S. YOU WILL NEED TO GO THROUGH CONSULAR PROCESSING Make an appointment with the U.S. consulate or embassy in your home country and travel there for an interview with a consular officer. You will need to complete the DS-260 online immigrant visa application and bring the printed confirmation page to your interview. If the officer clears you, then you will be able to travel to the U.S. under legal permanent resident status. After a brief background check, the officer at the U.S. port of entry (border, seaport, or airport) will stamp your passport for entry. Your EB-1C green card will be mailed to you shortly. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back IMMIGRATION LAW SERVICES B1-Visa Temporary Business Visitor Read More EB1A - Visa Extraordinary Ability Read More E2 - Visa Treaty Investors Read More EB1C - Visa Multinational Manager or Executive Read More EB2 - Visa Advanced Degree or Exceptional Ability Read More EB5 - Visa Immigrant Investor Program Read More EB3 - Visa Employment-Based Immigration Read More H1B - Visa Specialty Occupations Read More J1- Visa Exchange Visitors Read More O-1 - Visa Individuals with Extraordinary Ability or Achievement Read More L1 - Visa Intracompany Transferee Read More Asylum & Refugee Persecuted in their country of origin Read More LCA Labor Condition Application Read More PERM Program Electronic Review Management Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Compassionate Last Will and Testament Estate Planning Services We can help you draft a last will and testament that leaves you feeling confident and secure. WHO NEEDS A LAST WILL AND TESTAMENT? Anyone over 18 with personal assets should have a last will and testament. Moreover, anyone with loved ones should execute a will. Your testament details your wishes regarding young (minor) children, relatives, and pets under your care. It can even specify your funeral arrangements and service. WHY CREATE A WILL? A person drafts a last will and testament to state in writing, the persons or charities that will receive his or her assets after death. There are many reasons to create a last will and testament, but the most obvious is to ease the burden on family and friends after you pass away. Your last will and testament officially notify all parties of how you want your estate assets distributed and to whom. As the testator (the person drafting the will), you choose someone to oversee the estate after you are deceased, known as the executor. He or she is responsible for managing and disbursing your assets in accordance with your last will and testament and must act in the best interest of the estate when making decisions that affect those assets. Your last will and testament allows you to have the final say in these decisions. That’s why you need an experienced attorney to guide you through the drafting and execution of this critical document. With Buschkin Law Firm on your side, there will be no need to worry. We’ll help you draft a last will and testament that completely attests to your wishes. Alongside estate planning, we also focus on long-term care planning and probate/trust administration. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back BUYING A FRANCHISE The terms and conditions of your franchise agreement (and all other relevant documents) will be reviewed with you. Some of the issues that should be considered include: The length of the agreement and whether or not renewal is allowed are both important considerations when choosing an exclusive territory license; Requirements (including deadlines) to open the franchise; Refundability (or not) of the franchise fee; The franchiser’s trademarks; Conditions surrounding the opening of your franchised unit; Restrictions on transfer; Default/termination provisions; Requirements to refurbish/renovate the location; Venue and choice of law provisions with respect to dispute resolution. We will provide you with a comprehensive analysis of our insights and conclusions, along with any necessary modifications to ensure your agreement meets the standards set by franchisers. We can also assist in negotiating these changes if purchasing an existing franchise business. We will review (or prepare) the purchase agreement and other necessary documents, negotiate the appropriate modifications and work with you through and after the closing. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back ESTATE PLANNING Planning is the key to preserving your assets. We help clients design and implement strategies for the administration and disposition of assets during their life and in the event of incapacity or death. HOW WE CAN HELP YOU: Create an individual estate plan to preserve your assets for you and your loved ones Apply for Medicaid and VA benefits to cover the costs of long-term care Navigate through the maze of government rules and regulations Contrary to popular belief, estate planning is more than just having a will. It is concerned with the disposition and administration of a person’s assets during his or her life and in the event of incapacity or death. It is intended to protect your assets not only during your life, but during the lives of your spouse, your children, and grandchildren. A good plan is multigenerational and ensures that everything you have worked for all your life is not wasted or lost after you pass. While end-of-life planning can be full of difficult and delicate choices, at Buschkin Law Firm, we help you navigate through the complexities of the process and ensure that the plan you have will actually work. You have worked hard all of your life for what you have. Let us work hard to protect it. We will ensure that your wishes are respected and your estate planning goals are met. Every client is unique and we take an individualized approach to developing an estate plan that is specific to you and your individual requirements. We will perform a thorough analysis of your health care, financial, and personal needs, as well as those of your spouse and children. We will ensure that your assets are properly allocated and your plan will work according to your wishes, because your family may still need your help even when you are no longer with them. We encourage you to consider estate planning early. Waiting too long, or until an emergency arises, may prevent you from having enough time to adequately safeguard your life’s work and preserve your legacy. With our estate planning services, you will have peace of mind knowing that everyone you hold dear is protected. When you visit us for your consultation, we ask that you bring a list of your assets as well as a list of names and addresses of any beneficiaries. You may also want to bring a list of questions so we can better assist you. We will walk you through the process of drafting your legal documents because each legal document has a particular purpose with limitations. Some legal documents we will recommend to you include: 01 Last Will and Testament 02 Trusts 03 Powers of Attorney 04 Health Surrogates 05 Living Wills COMMON QUESTIONS WHY DO I NEED ESTATE PLANNING? Estate planning, as with any other elder law service, is a complex matter to discuss with your family. It is, however, necessary to plan. A complete estate plan will explain your intentions as to your estate and your long-term care. Preparing your legal documents and discussing your intentions can remove enormous stress from your family. In the event of an emergency or long-term illness, your loved ones will be able to focus on their time with you. They will know what you want and need and will not question your intentions. WHEN TO REVIEW MY ESTATE PLAN? We recommend you review your estate plan periodically, especially if there has been a change of circumstances. Please consider the following most common reasons to review or modify an existing estate plan: Death of spouse, Marriage, remarriage, divorce. Changing your state of residence Birth or adoption of a child Serious illness of a family member Beneficiary develops, substance abuse symptoms or becomes financially irresponsible A substantial change in total assets value Changes in law. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back GUARDIANSHIP It’s always best to be prepared. Make tough times easier on your family by setting up advance directives. In an emergency, assign your own guardian. When an individual no longer has the mental capacity to manage his or her financial affairs and property or to make personal decisions relating to health care and residence, guardianship may be necessary. A guardianship may also be necessary if there are concerns that someone is being financially exploited or physically abused. Guardianship is the legal process of petitioning the court to appoint a guardian to make decisions on behalf of the alleged incapacitated person (AIP). Once appointed, the guardian stands in the shoes of the individual and is in charge of making personal decisions for the individual and/or decisions about his/her property. The process begins with a court proceeding brought by a petitioner who may be concerned about an elderly relative, friend or neighbor who doesn't appear to be caring for himself or herself properly. The petitioner may want to be the guardian of the person they are concerned about, or the petitioner may want to have a professional guardian appointed. We’re committed to helping make the best choice by providing the compassion, care, and dedication you deserve. With a guardian, you can renounce worry and trust that someone is securing your well-being and wishes. Your loved ones can relax knowing that you’re safe. The court will also provide oversight to ensure your comfort. Having a strong support system always generates happiness, especially when you need help making decisions to enhance your quality of life. It also helps protect you from scammers and those who will try to neglect your rights. If you don’t choose a guardian or power of attorney in advance, the court will choose a reliable option for you, but it’s better to pick your own. It will ensure your independence for longer and give you the freedom to live the way you want. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Specialty Occupations The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) has a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years. This is a very popular visa because, unlike many other non-immigrant visas that make applying for a green card very difficult and require foreign workers to maintain a residence in their home country, the H-1B visa permits “dual intent.” Dual intent allows one to apply for a green card while in the U.S. without running into problems. Requirements and eligibility QUALIFICATIONS LABOR CONDITION APPLICATION (LCA) Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the place of employment. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment. Application Process Processing times and Period of Stay/Extension of Stay Labor certification is done prior to filing the H-1B petition, and it usually takes about 2 weeks to get an answer from the Department of Labor. Premium processing is available and you can have an answer in 15 calendar days. Premium processing will cost you an additional $1,440, but it is generally well worth it to keep your place in line. Family of H-1B Visa holders H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H-4 visa category as dependents. While dependents are permitted to remain in the U.S., an H-4 visa holder is not eligible to work in the U.S. They can, however, attend school, obtain a driver’s license, and open a bank account while in the U.S. The spouse of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back FRANCHISE DISCLOSURE ISSUES You may be buying or selling a franchise, but the FDD is necessary for both buyers and sellers to know. This disclosure document gives you all of what’s required under recently revised rules from July 1st 2008 (Amended Franchise Rule 16 C.F.R. Part 436) which will help protect consumers with their investment decisions. If you are a prospective franchisee, we will thoroughly review your application and advise you on the background, financial status, litigation history of any franchisers involved in this transaction. If you are a franchiser, we can help with the process by creating a franchise program for you. We'll review or prepare all of those documents and agreements so that they're ready when it comes time to register you as a seller of franchises in the states that require it. States that require FDD: California, Hawaii, Illinois, Indiana, Maryland, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington and Wisconsin Michigan has a notice filing requirement Oregon has a disclosure requirement but no filing requirement We're here to help you get your business off the ground and running smoothly. We’re sure we can provide all of those legal services necessary for launching or continuing franchising businesses. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Temporary Business Visitor This Visa is required for temporary business visitors to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference Temporary business - participating in business activities of a commercial or professional nature in the United States, including, but not limited to: Consulting with business associates Traveling for a scientific, educational, professional or business convention, or a conference on specific dates Settling an estate Negotiating a contract Participating in short-term training Transiting through the United States: certain persons may transit the United States with a B-1 visa Deadheading (certain aircrew members may enter the United States as deadhead crew with a B-1 visa) VISITOR VISA VS. VISA WAIVER PROGRAM The main difference between these two is that a Visitor Visa is used for persons who wish to enter the United States to engage in temporary tourism, business, or professional activities related to their employment or business abroad. The primary intent for this visa type is that it’s for business purposes. B-visa visitors are not permitted to engage in employment while in the US. Meanwhile, the Visa Waiver Program does not need a B1 Visa to enter the United States, enabling most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Requirements and eligibility If you apply for a B-1 visa, you must demonstrate to a consular officer that you qualify for a U.S. visa that presumes that every B-1 applicant is an intending immigrant. You must overcome this legal presumption by demonstrating the following: The purpose of your trip is to enter the United States for business of a legitimate nature You plan to remain for a specific limited period of time You have sufficient funds to cover the expenses of the trip and your stay in the United States You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit You are otherwise admissible to the United States Application Process The order of these steps and how you complete them may vary by the U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website . STEP 1: COMPLETE THE ONLINE VISA APPLICATION Form DS-160 - You must: Complete the online visa application. Print the application form confirmation page to bring to your interview. You will upload your photo while completing the online Form DS-160. Must be in the format explained in the Photograph Requirements . STEP 2: PAY THE B1 VISA FEES Pay the non-refundable visa application fee ($160). If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality, the amount depends on the relationship that your home country has with the US. STEP 3: SCHEDULE AN INTERVIEW Schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. STEP 4: GATHER REQUIRED DOCUMENTATION Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States. Non-immigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of: A letter which describes the purpose of your trip. Financial or bank statements to prove you have the finances to stay in the US. Ties to your home country such as family, job contract, lease, or property deed, which prove you will return. Criminal records or letters from authorities stating that you do not have prior convictions. If you have visited the US before, bring documents relevant to your prior visits. If you work, bring a letter from your employer and payslips for the last three months. A letter from the company detailing the purpose of the trip and your job position. STEP 5: ATTEND YOUR VISA INTERVIEW A consular officer will interview you to determine whether you are qualified to receive a visitor visa. Bring your documents file and be prepared to answer questions from the interviewer. You will be asked about your background, your purpose of visit, what business you will be doing in the United States, and whether you intend to return. Ink-free, digital fingerprint scans are taken as part of the application process. After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this is required. STEP 6: ENTERING THE UNITED STATES A visa allows a foreign citizen to travel to the U.S. and request permission to enter. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Processing times and Period/Extension of Stay The processing times for the B1 visa is not exact. It can take a couple of weeks or a few months for your visa to be processed. This depends on the workload of the US Embassy and other factors that they take into consideration. After the processing time is complete, you will be notified about whether you got the visa or not. You can review the visa processing times for Visa Appointment depending on your home country. The initial validity for which the B1 visa is given is 6 months. For extension you must: Prove that you have not completed all the business that you need to complete. Get letters of confirmation from your employer or company that proves your stay in the US is essential for business. Remember that you are not allowed to work for a US company and earn income Prove financial stability and that you have enough money to stay in the United States. At the port of entry, an immigration official must authorize your admission to the United States. If you wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status. Submit any required supporting documents to USCIS. VWP: ESTA application, participating countries, passport requirements ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveller is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travellers' arrival. HOW TO APPLY FOR AN ESTA? PARTICIPATING COUNTRIES You must be a citizen or national of the following countries to be eligible to travel to the United States under the VWP. PASSPORT REQUIREMENTS Travel under the Visa Waiver Program is restricted to travellers possessing passports with specified security features. Visa Waiver Program requirements are: The passport must have a machine-readable zone on the biographic page. The passport must be an electronic passport with a digital chip containing biometric information about the passport owner. As of April 1, 2016, all travellers must have an e-passport to use the VWP. An e-Passport, denoted by the symbol, is an enhanced secure passport with an embedded electronic chip. Canadians & Bermudians Citizens of Canada traveling to the United States do not require a non-immigrant visa, except for the travel purposes described below. VISA REQUIREMENTS - CITIZENS AND PERMANENT RESIDENTS OF CANADA Foreign government officials (A); officials and employees of international organizations (G); and NATO officials, representatives, and employees assigned to the United States (NATO) Treaty traders (E-1) Treaty investors (E-2) Spouse or Child of an Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation (E-3D) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above Citizens of Bermuda traveling to the United States do not require a non-immigrant visa for travel up to 180 days, except for the travel purposes described below. Additionally, Bermudian citizens do not require a visa unless they are ineligible for a visa under U.S. immigration law, or have previously violated the terms of their immigration status in the U.S. VISA REQUIREMENTS - CITIZENS OF BERMUDA Foreign government officials (A); and officials and employees of international organizations (G) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above Other travel purposes where the intended stay is longer than 180 days Family of B-1 Visa holders Spouses and children are not eligible for a dependent visa. You can find out if they need a visa by checking to see if your country participates in the U.S. Visa Waiver Program (VWP) . If you don't see your country listed, you will need a non-immigrant visa to visit the U.S. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa . With this visa, they will be able to come to stay with you for 6 months, and then ask for extensions for up to 1 year if necessary. Whether your dependents get the visa or not does not depend on the fact that you have a B1 visa. Each application is considered individually so there must always be proof of financial stability and that you plan to return home. Here are some examples of activities permitted with this visa: Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrolment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Exchange Visitors The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa has 15 categories of eligible roles and/or program types: Au Pair Camp Counselor College and University Student Secondary School Student Government Visitor International Visitor Physician Professor Research Scholar Short-Term Scholar Specialist Summer Work Travel Teacher Trainee Intern CAN YOU WORK IN THE US WITH A J-1 VISA? Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week. Students are permitted to work full time during academic breaks. TWO-YEAR HOME RESIDENCY REQUIREMENT A J-1 visa is issued with several conditions attached, one of which is that after your program is over and your visa expires, you have to return to your home country and live for two years. You are subject to this condition if you are a part of a: Government-funded Exchange Program. Specialized Knowledge or Skill. Graduate Medical Education/Training. During this time, you cannot apply for the following visas: An immigrant visa. A temporary worker (H). An intracompany transferee (L). A fiancé visa. Requirements and eligibility DOCUMENTATION When you apply for a J-1 visa, you at least need to prepare the following documents: Passport. Your passport must be valid for at least six months after you depart from the country unless there are specific exemptions depending on where you are from. Photograph. Submit your photograph when you complete the visa application form online. If your photo is not uploading, then bring a physical copy but, please make sure to follow the instructions on how to take your visa photo. Non-immigrant visa application form. Fill in form DS-160 online and bring the confirmation page with you to the embassy/consulate. Visa fee receipt. If you are required to pay the visa fee before your interview, bring your receipt. Form DS- 2019. After you are accepted into your exchange program, your sponsor registers you into SEVIS (Student and Exchange Visitor Information System). Afterward, you will receive this DS form, and you may be required to pay a form fee. Form DS- 7002. If you’re a participant in the J-1 trainee and intern categories, you will also need this form. J1 visa health insurance. You must have health insurance coverage and it is the sponsor’s responsibility to ensure that you have purchased one. You may also be asked to provide additional documents for the review process, such as evidence of: The purpose of your travel; Your intent to depart the United States after your travel; Your ability to pay all travel costs. Evidence of your employment and/or your family ties may be sufficient to show the purpose of your travel and your intent to return to your home country. If you cannot cover all the costs for your travel, you may show evidence that another person will cover some or all costs for your travel. You need to review the instructions from the US embassy or consulate where you apply. After you submit your application, remember to get a payment receipt to present at your visa interview. Application process Period of Stay/Extension of Stay The length of time for which you will be allowed to stay in the U.S. on a J-1 exchange visitor visa depends on the type of program you will be participating in and the dates of your planned participation. Family of the J-1 Plenty of Exchange Visitors travel to the United States with their spouse and children. These family members receive J-2 visas. They are able to attend school and work (conditionally) in the country for the duration of the primary J-1 visa holder’s program. HOW TO REQUEST A SEPARATE FAMILY DS-2019 Step 1: Gather Supporting Information and Documents: Have the scholar provide a scan of the dependent’s passport biographic page and any new documentation of funding. Step 2: ISO Issues DS-2019: Use the information on the scholar’s most recent visa request and the documents gathered to complete the Add J-2 Dependent Request and submit it. You will receive a confirmation email. ISO will then issue a new DS-2019 for the J-2 dependent. Step 3: Send DS-2019 on to Exchange Visitor: Send the original DS-2019 and attachments to the J-1 exchange visitor in hard copy. Do not send the exchange visitor a scan of the DS-2019; UW is forbidden by law from sending DS-2019s by scan or fax to outside parties. You may email the program number or SEVIS number from the DS-2019 to the exchange visitor to facilitate visa appointment scheduling at a U.S. consulate abroad. Step 4: J-2 Dependent Applies for Visa at Consulate and Enters U.S.: There is no check-in or SEVIS validation requirement for J-2 dependents. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back PERM Labor Certification The PERM or Program Electronic Review Management System Labor Certification is the first step in the process of applying for employment-based lawful permanent residency (green card). The objective of PERM is to defend U.S. workers and the job market. This means that the process was created to ensure that foreign workers are not filling the positions that could otherwise be filled by qualified U.S. workers. The PERM applicant must submit a comprehensive application to the Department of Labor in order to demonstrate how his/her exceptional skills cannot be duplicated by an available U.S. worker. IS LABOR CERTIFICATION SAME AS PERM? PERM stands for Program Electronic Review Management System Labor Certification. The certificate itself is often called “PERM labor certification” because obtaining a PERM is equivalent to a labor certificate. It’s important to note that the PERM labor certificate is not a visa and it doesn’t guarantee one. Employment-based visas require you to have a PERM labor certificate before you even apply for your visa. PERM immigration is one part of the entire immigration process. Requirements and eligibility In order to qualify to begin the PERM process, the following requirements must first be met: You must have an existing permanent job offer by a U.S. employer The offered wages are required to be equal or above the DOL prevailing wage. DOL will subject this to the specific position. The local job market has been analysed for qualified candidates. This is required to provide evidence that U.S. workers are unable to complete the requirements of the position, meaning that no qualified native workers are available for the position. Supplementary documentation relating to recruiting efforts must be made available if requested. The U.S. employer is obligated to construct and maintain an audit file with additional proof of attempts at recruitment. RECRUITMENT PERM regulations mandate that recruitment steps for both professional and non-professional positions be completed within 6 months of filing the PERM application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. For both professional and non-professional positions, the employer must wait 30 days after the end of the recruitment period before filing the ETA 9089. This is to ensure that any qualified U.S. workers have a reasonable time period in which to respond to your ads or job order. DOCUMENTATION Application process / Green Card PERM CERTIFICATION PROCESS Step 1: Formulate job duties and minimum requirements Establish the crucial details of the job for which the employee is being sponsored The employer must articulate the job requirements based on DOL regulations and realistic business practices Obtain and check the beneficiary’s educational documents and work experience letters Creating PERM piston includes: Job Title Job Duties Work Location Minimum Requirements (Degree, Work Experience, Other) Where (address) to send Resumes Step 2: Request prevailing wage determination (PWD) from DOL Submit an online PWD request to the Department of Labor DOL will determine the prevailing wage for the position in the specified geographic location Prevailing wage will based on the job duties, minimum requirements, and other details PWD sets the minimum wage that the employer must be willing to pay the employee, at the time that the employee becomes a legal permanent resident Step 3: Conduct recruitment Advertisements will be placed to test the labor market This labor market test for PERM purposes must be conducted in conformity with DOL rules: Internal Notice of Filing 2 Sundays in Major Newspaper where permanent position is located 30 days in the State Workforce Agency For Professional Positions choose 3 of the following 10 options: Employer’s website Job Fair Job search website other than the employers. On-campus recruiting. Trade or professional organizations. Private employment firms. Employee referral program with incentives. Campus placement offices. Local and ethnic newspapers. Radio and television advertisements. If an able, willing and qualified US worker applies for the position, we will need to stop the process, wait at least 6 months, and then re-test the labor market, perhaps with modified criteria Step 4: Submit PERM to DOL Prepare and File DOL Form ETA 9089 online. A chance of the case being audited is small: nationally the audit rate is about 25%, but with CBK the rate is less than 5%. GREEN CARD THROUGH PERM ROADMAP Step 5: File I-140 employer's immigrant visa petition with USCIS Employers need to show that the company can pay the employee the prevailing wage. The employee must show that she/he has all of the qualifications for the job. Petition must be submitted with the Labor Certification approval notice, which is only valid for 180 days. Step 6: Wait for priority date to become current Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. Please refer to the visa bulletin for the current information. If the priority date is current when the PERM is approved, we may be able to move to next step immediately and file the I-485 application together with the I-140. Step 7: File I-485 I-485 is a personal green card application filed by the employee named in the I-140 petition and by her/his derivative family members (spouse and children). Adjustment of status application focuses on an employee's personal eligibility to receive a green card. We can request a travel/work authorization card that can be used while I-485 is pending. Step 8: Attend biometrics appointment This will be in the USCIS office closest to your place of residence. Step 9: Prepare for and attend interview with USCIS officer About 12 months after filing the paperwork, we will receive an interview notice. Interview wait time varies greatly among different USCIS field offices. Immigration officer will review the employee's green card application and all underlying immigration files. Employees need to confirm that a job offer is still available, provide all the original civil documents, immigration status documents and previously completed medical exam on form I-693 in a closed envelope. On rare occasions, when a visa number is no longer available, after the successful interview, the I-485 form will be sent to the National Benefits Center. In that scenario, USCIS will approve the green card as soon as a visa number becomes available again. Processing times and Validity Period PROCESSING TIMES With each step discussed above in mind, we can make an estimate on what the processing time will be, however, there are a number of factors that can drastically change the amount of time it will take. VALIDITY PERIOD The validity period for individual permanent labor certifications is 180 days, they will have this time to submit the permanent labor certification in support of a petition with USCIS. USCIS rejects petitions that require an approved permanent labor certification if the permanent labor certification has expired or if the petition is filed without the approved permanent labor certification. USCIS denies a petition that was inadvertently accepted without a required, valid permanent labor certification. As exceptions, USCIS accepts them if the original permanent labor certification was submitted in support of a previously filed petition during the permanent labor certification's validity period. These filings may occur when: There is a successor-in-interest employer change, which requires a new or amended petition; The petitioner wishes to file a new petition subsequent to the denial, revocation, or abandonment of the previously filed petition, and the permanent labor certification was not invalidated due to material misrepresentation or fraud relating to the labor certification application; The petitioner files an amended petition to request a different immigrant visa classification than the classification requested in the previously filed petition; or USCIS or U.S. Department of State (DOS) determines that the previously filed petition has been lost. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back ESTATE &TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor or personal representative of their loved one’s estate, as well as professional fiduciaries (corporate trustees and professional guardians) who serve in that capacity. HOW WE CAN HELP: Advise trustees on legal aspects of trust administration Ensure that distributions are carried out according to the wishes of the grantor Navigate through the maze of rules and regulations Our level of involvement is different depending on the case: while some clients need only minimal guidance on their duties and legal obligation as personal representatives and trustees, others desire additional engagement from their attorneys. We will accommodate both types of demands for services. TRUST ADMINISTRATION Trust administration refers to the trustees’ management of trust property according to the trust document’s terms and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to safeguard effective administration. It is recommended to work with an attorney to help facilitate the process for the trustees throughout the process. ESTATE ADMINISTRATION Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. We advise trustees on legal issues related to trust administration. With our knowledge, we offer our clients the tools they need to make difficult decisions and fulfill their fiduciary obligations to the beneficiaries. Having a properly drafted and funded trust may help you avoid the stressful and complex probate process. But even when the courts are not involved in overseeing the administration of a trust, the trustee nevertheless has many of the same responsibilities as a representative in probate proceedings. The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort, and knowledge of law. At Buschkin Law Firm, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US