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Attorneys Who Will Fight For You Serviamo con orgoglio i nostri clienti nell'area di New York City e New Jersey, nonché molti clienti in tutto il mondo OPERAZIONI IMMOBILIARI DIRITTO RISTORANTE E OSPITALITÀ DIRITTO COMMERCIALE E DEL FRANCHISING FALLIMENTAZIONE E RILIEVO DEL DEBITO DIRITTO DELL'IMMIGRAZIONE E IMMIGRAZIONE AZIENDALE DIRITTO DELLA CURA DEGLI ANZIANI E PIANIFICAZIONE DEL PATRIMONIO Il nostro studio legale si concentra sulle esigenze dei nostri clienti nelle aree di

Back MEDICAID PLANNING Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. HOW WE CAN HELP YOU: Assist in obtaining government benefits to pay for skilled nursing and in-home care Protect your assets for yourself and your family Navigate through the maze of rules and regulations There are many misconceptions about Medicaid qualification and the “spend down” process. With proper planning, you don’t have to lose everything to a nursing home if you, your spouse, or your parent is in need of long-term care. At Buschkin Law Firm, we understand the difficulties our clients and their families are faced with at the time of a crisis, as well as the level of stress associated with it. Our narrow focus on Elder Law and Estate Planning allows us to develop a solution that alleviates the burden on a client and his or her family. By combining Estate Planning with end-of-life advocacy, our goal is to protect the elderly and disabled, the most vulnerable groups among us. Upon getting to know you and your family, your health care needs, your values, and your preferences, we will work together on developing an estate plan that is right for you and your loved ones. As such, we assist senior citizens and their families on matters related to Medicaid and VA qualifications, guardianships, special needs, and disability planning, and more. When a crisis happens, you need an experienced attorney who you can trust to help you navigate through the convoluted world of wills, trusts and estates, and related government regulations. We will be by your side to plan for the future and protect what is truly important to you. COMMON QUESTIONS WHAT IS MEDICAID PLANNING? Most people know Medicaid as the government medical assistance program for people under a certain income level. Where Medicare pays for doctors, hospitals, and prescriptions, it does not cover long-term nursing homes or in-home care for the elderly. Medicaid is a valuable tool that can be used to pay for a nursing home or in-home care if the person’s countable assets are below a certain amount. DO I NEED TO PLAN FOR MEDICAID NOW? Unfortunately, 2 out of 3 senior citizens will need long-term care at some point. Although no one wants to believe that they will need nursing home care, the reality is that many of us will. If you or a loved one is a senior citizen, it is important to visit an estate planning or elder law attorney who can help walk you through the estate planning process. Because Medicaid considers gifts and other transfers you make (including those made to trusts) within five years of the date you apply for Medicaid, it is important to begin Medicaid planning early, before you and your spouse are actually in need of long-term care. 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 Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. 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 Individuals with Extraordinary Ability or Achievement O-1 visa is a great visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. One of the O-1 visa requirements is a consultation with a U.S. peer group, labor organization or management organization regarding the nature of the work you will be doing in the U.S. and your qualifications. Requirements and eligibility REQUIRED DOCUMENTATION FOR O-1 VISA Along with your passport, visa fee receipt, and the notice of decision by the USCIS, the following is a concise list of all the documents you need to apply for an O-1 visa: Written consultation from someone with expertise in your field. Ex: a peer group, as relevant to your area of expertise . Copy of the written work contract that must include a summary of the agreement under which you will be employed. Document explaining the activities and events you will participate in. Must include the nature, start and end dates. And an itinerary of these activities/events. Proof of your extraordinary abilities or achievements. Some examples are: Proof you have received an award; Published articles relevant to your field; Contributed original research to your field; You are a member of a highly distinguished association or organization; or Have been paid a high salary for your skills and contribution REQUIRED DOCUMENTATION FOR O-2 VISA Written consultation Support of an individual with extraordinary ability in athletics or the arts: must be from the appropriate labor organization. Support of an individual with extraordinary achievement in motion pictures or television: must come from an appropriate labor organization and a management organization with expertise in the skill area involved Proof of your extraordinary abilities or achievements Should establish that you have substantial experience performing the critical skills and essential support services for the O-1. For motion picture or television production, establish that significant production, including pre- and post-production, has taken place outside the United States and will take place inside the United States, and that your continuing participation is essential to the successful completion of the production. After petition is approved You can apply for your visa in the U.S. Embassy or Consulate Department of State (DOS) establishes visa application processing and issuance fees Application process APPLICATION PROCESS FOR AN O-1 VISA File Form I-129, Petition for Nonimmigrant Worker (U.S. employer, U.S. agent, or foreign employer through a U.S. agent). Include required evidence according to the form instructions. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. APPLICATION PROCESS FOR AN O-2 VISA Employer or agent should file Form I-129, Petition for a Non-immigrant Worker, Include the required evidence according to the form instructions. Must petition for you in connection with the services of an O-1 artist or athlete, Both you and the O-1 artist or athlete must each have your own Form I-129. Employer or agent cannot file your Form I-129 more than one year before the artist or athlete will begin employment. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. Processing times and Period of Stay/Extension of Stay 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. Form I-129: average of six months depending on caseload. Premium processing shortens your petition’s processing time to 15 calendar days Take into consideration the amount of time it will take to gather and organize the evidence required to prove your eligibility. If you are outside the U.S. and must go through consular processing, the O-1 processing time may be extended depending on when the consulate or embassy schedules your interview appointment. As an O non-immigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition. 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 SERVICES IMMIGRATION LAW READ MORE FAMILY LAW AND DIVORCE LAW READ MORE ELDER CARE & ESTATE PLANNING READ MORE RESTAURANT LAW READ MORE REAL ESTATE LAW READ MORE FRANCHISE LAW READ MORE BUSINESS LITIGATION READ MORE BUY/SELL A BUSINESS 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 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 AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. 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 SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. HOW WE CAN HELP YOU: Assist in applying for government benefits to pay for skilled nursing, long-term, and in-home care Protect your assets for you and your loved ones Navigate through the maze of rules and regulations Your estate plan must account for possible disability, even if no beneficiary has special needs at the time because we cannot predict the future. At Buschkin Law Firm, we will help you protect your most vulnerable loved ones who may require continuous care and support. The bequests and distributions can be planned in such a way that they will supplement rather than supersede the benefits a person might already be receiving. To ensure that the intended gifts benefit your loved ones and improve the quality of his or her life, we can assist you in setting up a Special Needs Trust. We help our clients explore their options for maximizing benefits for their heirs. With respect to clients or their beneficiaries with special needs, our services cover many areas, including: trust administration and trustee representation, specialized estate planning, special education advocacy, guardianships and conservatorships, public benefits, employment, and residential issues. 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 Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected 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

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 FTC Franchise Rule The Franchise Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees. The Federal Trade Commission (FTC) Franchise Rule is a disclosure rule that requires a franchisor offering or selling a franchise located in the United States of America to provide the prospective franchisee with the relevant information about the franchise. Under Subpart B of the FTC Franchise Rule , the franchisor shall be in breach of the FTC Franchise Rule if it: (a) fails to furnish the prospective franchisee with the disclosure document fourteen calendar days before the prospective franchisee signs the franchise agreement or makes any payment in connection with the franchise; or (b) if the franchisor unilaterally modifies the terms and conditions of the franchise agreement without furnishing the prospective franchisee with a copy of the revised franchise agreement at least seven calendar days before the prospective franchisee signs the revised franchise agreement. According to Subpart C of the FTC Franchise Rule , along with other formalities established therein, the disclosure document the franchisor shall provide to the prospective franchisee must contain the following material information: - A cover letter indicating: (a) the franchisor's name, type of business organization, principal business address, telephone number, and, if applicable, email address and primary home page address; (b) a sample of the primary business trademark that the franchisee will use in its business; (c) a brief description of the franchised business; and (d) the total investment required to begin the operation of the franchise. - The following 23 items of disclosure information: (1) the franchisor and any parents, predecessors, and affiliates; (2) business experience; (3) litigation; (4) bankruptcy; (5) initial fees; (6) other fees; (7) estimated initial investment; (8) restrictions on sources of products and services; (9) franchisee's obligations; (10) financing; (11) franchisor's assistance, advertising, computer systems, and training; (12) territory; (13) trademarks; (14) patents, copyrights, and proprietary information; (15) obligation to participate in the actual operation of the franchise business; (16) restrictions on what the franchisee may sell; (17) renewal, termination, transfer, and dispute resolution; (18) public figures; (19) financial performance representations; (20) outlets and franchisee information; (21) financial statements; (22) contracts; and (23) receipts. Detailed information about each item may be consulted in Subpart C of the FTC Franchise Rule. Under Subpart E of the FTC Franchise Rule , seven exemptions apply to the FTC Franchise Rule. As of July 1, 2020, the following are the thresholds applicable to those exemptions from compliance with the FTC Franchise Rule: (a) Sales where the buyer pays less than $615 for the franchise. (b) Sales requiring a large investment where the franchisee pays at least $1,233,000, excluding the cost of unimproved land and any franchisor (or affiliate) financing; and (c) Sales to large entities, such as multi-unit franchisees, airports, hospitals, and universities that have been in business for at least five years and have a net worth of at least $6,165,500. 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