Karasik Law Group LLP Los Angeles

08/29/2023

On May 3, 2023, Utah State Law SB35 took effect, giving foreign professionals who have earned a range of professional licenses outside of the United States the opportunity to be licensed and practice in the State. This prevents internationally trained professionals from having to jump through regulatory hoops, repeat education and professional training, take redundant tests, and pay all associated fees and costs to practice. For professions with license portability between states, this presents an opportunity even for those living outside of Utah. In fact, applicants do not have to live in Utah to apply for licensure through this internationally-trained applicant legislation.



To qualify, applicants must demonstrate lawful presence in the United States, and carry a foreign license in one of the following eligible professions:

AccountancyAcupunctureArchitectAthlete AgentAthletic TrainerAudiologyBuilding InspectorBurglar AlarmCertified DieticianCertified Nurse MidwifeChiropractic PhysicianClinical Mental Health CounselingContractingControlled SubstanceControlled Substance DatabaseControlled Substance PrecursorCosmetologyCourt ReportingDeception DetectionDentistryDirect-Entry MidwifeElectricalElevator MechanicEngineeringEnvironmental Health Science
Factory Built HousingFuneral ServiceGenetic CounselingGeologyHandymanHealth Facility AdministratorHearing Instrument SpecialistHunting Guide/OutfitterInterior DesignLandscape ArchitectureLand SurveyingMassage TherapyMarriage and Family TherapyMedical Language InterpreterMusic TherapyNaturopathyNursingOccupational TherapyOnline PrescribingOptometryOsteopathic Physician and SurgeonPharmacy
Physical TherapyPhysician and SurgeonPhysician AssistantPlumbingPodiatryPrivate Probation ProviderPsychologyRadiologic TechnologyRecreational TherapyResidence Lien Recovery FundRespiratory CareSecurities Companies and GuardsSocial WorkSpeech-Language Pathology and AudiologySubstance Use Disorder CounselingUniform Building CodesVeterinaryVocational Rehabilitation Counseling

It is of note that a professional licenses is NOT a work permit. While this legislation legally permits successful applications to practice in that profession, a work permit is also needed to work legally in the United States. That means applicants still must obtain H-1B, Green Card, or other work permit status.

12/02/2022

FinCEN Issues Final Rules for Required Corporate Reporting.
The Financial Crimes Enforcement Network (FinCEN) has issued a final rule establishing a beneficial ownership information reporting requirement, pursuant to the Corporate Transparency Act (CTA).
In their continuing efforts to stem money laundering, in 2021 Congress passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act of 2021. The CTA authorizes the Financial Crimes Enforcement Network (FinCEN) to establish rules for the reporting of beneficial ownership information for certain corporations, limited liability companies (LLC), and similar entities created in or registered to do business in the United States.
The CTA authorizes FinCEN to collect information and disclose it to authorized government authorities and financial institutions, subject to effective safeguards and controls. The goal of the CTA and its implementing regulations is to provide essential information to law enforcement, national security agencies, and others to help prevent criminals, terrorists, proliferators, and corrupt oligarchs from hiding illicit money or other property in the United States.
Recently FinCEN issued a final rule establishing the specific beneficial ownership information reporting requirements. Beginning January 1, 2024, most corporations, LLCs, and other entities will be subject to the FinCEN reporting requirements. Reporting companies created or registered before January 1, 2024, will have one year to file their initial reports. Reporting companies created or registered after January 1, 2024, will have thirty days after that date to file their initial reports. Once the initial report has been filed, both new and existing reporting companies will have to file updates within thirty days of a change in their beneficial ownership information.
Key questions to determine if you will need to report:
1. What companies are “reporting companies” covered under the rule?
The rule identifies two types of reporting companies: domestic and foreign. A domestic reporting company is a corporation, LLC, or any entity created by the filing of a document with a secretary of state or any similar office under the law of a state or Indian tribe. A foreign reporting company is a corporation, LLC, or other entity formed under the law of a foreign country that is registered to do business in any state or tribal jurisdiction by the filing of a document with a secretary of state or any similar office. FinCEN expects that these definitions mean that reporting companies will include limited liability partnerships, limited liability limited partnerships, business trusts, and most limited partnerships because such entities are generally created by a filing with a secretary of state or similar office.
Under the rule, and in keeping with the CTA, twenty-three types of entities are exempt from the definition of “reporting company.” Other types of legal entities, including certain trusts, are excluded from the definitions to the extent that they are not created by the filing of a document with a secretary of state or similar office. FinCEN recognizes that in many states the creation of most trusts typically does not involve the filing of such a formation document.
2. Who does the rule define as a “beneficial owner” who must be reported?
Under the rule, a beneficial owner includes any individual who, directly or indirectly, either (1) exercises substantial control over a reporting company, or (2) owns or controls at least 25 percent of the ownership interests of a reporting company. The rule defines the terms “substantial control” and “ownership interest.” In keeping with the CTA, the rule exempts five types of individuals from the definition of “beneficial owner.”
3. If reporting is required, what must be reported in the Beneficial Ownership Information Report (BOI reports)?
When filing BOI reports with FinCEN, the rule requires a reporting company to provide four pieces of information about each of the beneficial owners: (1) Name: the full legal name of the individual; (2) Address: the current residential or business street address. Note: a P.O. box, address of the company formation agent or third party does not satisfy the requirement; (3) Date of birth; and (4) A unique identifying number and issuing jurisdiction from an acceptable identification document such as a nonexpired U.S. passport, nonexpired State-issued driver’s license, or nonexpired foreign passport.

04/07/2022

8TH CURCUT COURT DECISION CAN HAVE BIG IMPACT ON HOUSING INDUSTRY
A recent decision by a federal Eight Circuit court in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., No. 19-3608 (8th Cir. 2021) could have dire ramifications for both consumers and anyone involved in listing or appraising homes. The court case in question involves the copyright of floor plans, with 8th Circuit Judge Morris Arnold ruling last August that drawings or representations—even those created by a homeowner—are not necessarily exempt from U.S. copyright laws, instead belonging to the home’s original designer. The decision stems from a lawsuit filed in 2018 by Missouri-based home designer Charles James, who sued local real estate brokerage Colombia House of Brokers Realty for independently creating floor plans of homes he designed. After a district judge ruled in favor of the brokerage, James appealed to the 8th Circuit, where Arnold reversed the earlier decision last summer, saying that the relevant statute could not be reasonably applied to floor plans.
“Plaintiffs sued defendants, real estate companies selling homes which plaintiffs had designed, alleging they infringed plaintiffs' copyrights by creating and publishing floorplans of the homes without plaintiffs' approval; the district court concluded that 17 U.S.C. Sec. 120(a) provided a defense to this claim of infringement for real estate companies, their agents and their contractors who generate drawings of the home floorplans of the houses they list for sale for use in promotional materials. Eight Circuit Court Held: The district court erred in concluding the statutory section extended the defense to flooplans as they are not pictures or other pictorial representation of the copyrighted work. Reversed and remanded.”
Housing industry advocates are warning that the ruling creates a potential minefield of frivolous lawsuits and deprives consumers of a vital tool for both marketing their home or shopping for a home. “The Eighth Circuit’s decision not only puts countless consumers at risk of costly, burdensome litigation for making a floor plan of their own home, but it also strains a key sector of America’s economy and threatens a critical tool of transparency for potential homebuyers,” said National Association of Realtors’ general counsel.
The statute in question waives copyright claims in architectural works in the case of “pictures, paintings, photographs, or other pictorial representations” of the design. The earlier court decision had ruled floor plans fell under the umbrella of “pictorial representations,” an interpretation that Circuit Court Judge Arnold disagreed with. “When we consider the broader statutory context, Congress could have easily resorted to other terms that it used elsewhere in the copyright statutes to ensure that included floor plans,” he wrote.
The Council of Multiple Listing Services (CMLS) filed a separate amicus brief, arguing that if floor plans are considered under “Fair Use” copyright statutes (something Judge Arnold suggested) anyone relying on that fair use defense could encounter lengthy, expensive discovery and court proceedings as opposed to the “pictorial representations” defense, which could avoid that. Fair use is a fact-intensive inquiry, it is usually only available after discovery, and sometimes even only at trial. National Association of Realtors also submitted amicus brief, arguing that the ruling could potentially disrupt or interfere with a huge swath of housing activity, from homeowner DIY projects to the loan approval process.

03/11/2022

Regional Center Program Reauthorization APPROVED & Investment amount increased.

After months of debate and uncertainty, the U.S. Congress has passed the “EB-5 Reform and Integrity Act of 2022” as part of the overall U.S. Omnibus Spending Bill. This act has extended the EB-5 Regional Center program through September 30, 2027, with significant changes that will impact existing and future investors. Most notably, the minimum EB-5 investment amount would increase to $800,000 from the current $500,000 for Targeted Employment Areas and Rural Areas and $1.05M from the current $1M for Non-Targeted Employment Areas for both regional center and direct EB-5 investments.

Some major provisions that will affect EXISTING INVESTORS include: The new restrictions and greater investment amounts will not apply to pending I-526 petitions. After the bill is signed into law, I-526 petitions, adjustment of status applications, and consular procedures will resume.

For FUTURE INVESTORS, a few important points:
With I-526 petitions, concurrent adjustment of status filings of I-485 fillings are allowed which means applicants currently in the US on F-1 student visa, OPT, H-1B work visa, L-1A managerial visa and other non-immigrant visas can apply for and get Employment Authorization Document (EAD) and Travel Document (TD) in 90-120 days of applying for EB-5 and become free to work anywhere without employer sponsorship. For targeted employment areas (TEAs) or "infrastructure projects," the needed investment amount will increase to $800,000. The investment amount will be $1,050,000 if this is not the case. If the EB-5 program lapses in the future, grandfathering laws require USCIS to continue processing EB-5 petitions as long as they are filed by September 30, 2026. The bill allocates 20% of total EB-5 visa numbers to investments in rural areas, 10% to investments in high-unemployment areas, and 2% to infrastructure projects. In some instances, protection for dependent children who have reached the age of majority. Gifts are still allowed, and they aren't restricted to family members. Capital investments, administrative fees, and any fees "connected" with the investment are also subject to source of funds restrictions. If a regional center or new commercial enterprise (NCE) closes, there is a process in place to switch projects.

REGIONAL CENTERS can expect the following: Caps on indirect and construction jobs have been imposed. Individual I-526 applications must be presented after an I-924 application has been filed. The validity of TEA letters is two years. USCIS must audit RCs at least once every five years. Outside of the RC geography, (maybe) redeployment is allowed (subject to regulations). Persons who have committed certain crimes or who have been subject to orders or sanctions from certain state or federal enforcement bodies are prohibited from participating in RCs. Third-party agent fees and involvement in a project must be disclosed. The USCIS requires direct and third-party promoters to register. New RC/NCE "funds administration" guidelines.

03/08/2022

The Department of State (DOS) announced on March 1, 2022, that the U.S. Mission to Ukraine is not currently offering visa services. Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt. (The U.S. Embassy in Warsaw will process Ukrainian adoption cases as well as A and G diplomatic and official visas.) The announcement includes the following details:

Contact [email protected] with questions about Ukrainian immigrant and fianc(é)e visa cases. Nonimmigrant visa (NIV) applications may be processed wherever a Ukrainian applicant is physically located and can schedule an appointment. Interested applicants should follow instructions on the relevant U.S. Embassy website to apply for a nonimmigrant visa. A list of U.S. Embassy websites is at https://www.usembassy.gov.Ukrainian applicants do not require a Schengen visa to enter Germany or Poland. However, immigrant visa (IV) and diversity visa (DV) applicants who already have been scheduled for appointments in Frankfurt or Warsaw may request that their cases be transferred to another post. To do so, the applicant should contact the alternate post to request a case transfer, and the transfer is contingent upon the alternate post’s acceptance of the case. IV and DV applicants who have not yet been scheduled will be automatically reassigned to Frankfurt and will be notified once their appointment is on the calendar. Unscheduled Ukrainian DV applicants who need to interview outside of Germany can send requests to [email protected].
Details:

Department of State notice, Mar. 1, 2022, https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html

03/08/2022

DHS Designates Ukraine for Temporary Protected Status; Immigration Help in ‘Special Situations’ Available on Case-by-Case Basis
On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Also, U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. Highlights are below.

Temporary Protected Status for Ukraine

Individuals eligible for TPS under the Ukraine designation must have continuously resided in the United States since March 1, 2022. According to reports, up to an estimated 75,000 Ukrainians in the United States could be eligible for TPS.

Ukraine’s 18-month designation will take effect on the publication date of a forthcoming Federal Register notice, which will provide instructions for applying for TPS and a work permit. TPS applicants must meet all eligibility requirements and undergo security and background checks.

Case-by-Case Help in Special Situations

U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. USCIS provided a list of measures that may be available on a case-by-case basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. USCIS said, “If you fail to apply for the extension or change before expiration of your authorized period of admission, we may excuse that if the delay was due to extraordinary circumstances beyond your control”; Reparole of individuals previously granted parole by USCIS; Expedited processing of advance parole requests; Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited adjudication of petitions or applications, including employment authorization applications, when appropriate; Consideration of fee waiver requests due to an inability to pay; Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner; Flexibility if you were unable to appear for a scheduled interview with USCIS; Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and Rescheduling a biometric services appointment.
At least an estimated 1.3 million Ukrainians have fled their country since Russia invaded Ukraine in late February, with more following. More than half are in Poland, with others in Hungary, Moldova, Romania, and Slovakia. The rapidly escalating situation on the ground in Ukraine remains fluid, chaotic, and extremely dangerous.

It is unclear whether the United States will be taking in new Ukrainian refugees or offering asylum in addition to providing TPS for those already in the country.

Details:

USCIS news release, Mar. 3, 2022, https://www.uscis.gov/newsroom/news-releases/secretary-mayorkas-designates-ukraine-for-temporary-protected-status-for-18-monthsUSCIS alert, Mar. 4, 2022, https://www.uscis.gov/newsroom/alerts/immigration-help-available-to-those-affected-by-special-situations-including-the-invasion-of-ukraineUSCIS TPS page, https://www.uscis.gov/humanitarian/temporary-protected-statusUSCIS Special Situations page, https://www.uscis.gov/humanitarian/special-situations“Ukrainian Nationals Receive Temporary Protected Status in the U.S.,” Newsweek, Mar. 3, 2022, https://www.newsweek.com/ukrainian-nationals-receive-temporary-protected-status-us-1684751“Ukraine: UN Says More Than 1.3 Million Have Fled Since Russian Invasion Began,” The Guardian, Mar. 5, 2022, https://www.theguardian.com/global-development/2022/mar/05/ukraine-un-says-more-than-13-million-have-fled-since-russian-invasion-began

These tips can help you find what you are looking for: Check the URL (web address) for proper spelling and completeness; Use our

11/09/2021

Immigration Provisions in BBB Reconciliation Bill. Fee Increases.

The House of Representatives’ 2,135-page draft budget reconciliation bill retains several immigration measures, including provisions paving the way for high-skilled scientists and engineers, and raising immigration-related fees.
Included are several immigration-related fee increases, including a measure to add a supplemental fee of $500 to existing fees for H-1B petitions. According to a study by the National Foundation for American Policy “employers pay government-imposed fees and attorney costs of up to $16,560 for an initial H-1B petition and $28,620 for the combined cost of an initial H-1B petition and an extension.” The new fee would increase the cost further. Other immigration-related fees that would be imposed by the House budget reconciliation bill, if passed, include:
$100 for certain family-sponsored immigrant visa petitions (Form I-130)
$800 for each employment-based immigrant visa petition (Form I-140)
$15,000 for each employment-based fifth preference petition (Form I-526)
$19 for each Form I-94/I-94W issued to nonimmigrants who enter the United States
$250 for each F-1 and M-1 nonimmigrant student and J-1 exchange visitor
$500 for each application to replace a legal permanent resident card
$500 for each petition for E, H-1B, L, O, or P status (Form I-129)
$500 for each application to change or extend nonimmigrant status (Form I-539)
$500 for applications for employment authorization (Form I-765)
$75 for each approved nonimmigrant visa