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New Rule in Favor of Foreign Entrepreneurs Entering the U.S.

Topics: Immigration

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New proposed regulations would make it easier for foreign entrepreneurs who want to start businesses in the United States. Many businesses have been created or co-created by foreign students who were here to study in the United States. The problem for these students, though, is that they often find it difficult to determine how to stay in the US after they have completed their education. Due to their visa requirements, many of them have to return to their home countries instead of staying on US soil, and this means all of their education and skills leave the US as well. Meeting the Initial Criteria to Stay The new regulations would allow certain foreign entrepreneurs to stay in the US, but there would be strict criteria they would have to meet. For the first two years, they would need to show that they have created a startup company in the preceding three-year period, and that startup had significant growth potential. Additionally, $345,000 or more must have been secured from investors or $100,000 in grants from the government. The entrepreneur would have to be active in the company, and would need to have an ownership interest of at least 15%. Staying On After the First Two Years To remain for another three years, the foreign entrepreneur must show that the startup has operated lawfully for the previous two years, and that they still have at least a 10% interest in the ownership of the company. Another $500,000 in funding must also have been secured from investors or through grants, and annual revenue has to be at least $500,000 as well. There can be three co-founders for a startup, and the company must have created at least 10 jobs for workers in the US. Spouses and children could also come to the US under this system, and spouses would be allowed to work. This has the potential to allow foreign entrepreneurs to create many more companies and jobs in the United States. Immigration can feel like a challenging issue, but it does not have to be that way for everyone. To find out more about immigration issues, contact The Law Offices of Scott Warmuth at 1-888-517-9888. With the right legal advocate on your side, you can get your immigration questions answered. It can also be easier to attain the correct immigration status and move toward entrepreneurship or other life goals. By talking to an immigration attorney, you have the opportunity for the best outcome in your particular case and situation. Source http://www.bna.com/draft-immigration-rule-n73014446939/  
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Should Workers’ Compensation Be Offered to Gig Economy Workers?

Topics: Personal Injury, Workers' Compensation

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With the economic landscape changing to include more and more gig workers, concerns over on-the-job injuries have begun to arise. Gig economy workers do not typically get workers’ compensation from the companies they work for. This can put a big financial burden on these workers since they, instead of the employer, are responsible for covering the entire cost of their medical care. It’s also important to note that some of these jobs, including those that involve driving, are considered among the most hazardous ones in the U.S., according to Quartz. This begs the question: should companies start offering this coverage to gig economy workers? Employee vs. Independent Contractor People who work in “on demand” jobs, or gig economy jobs, are not considered company employees. Instead, they are considered independent contractors. As contractors, they are not likely to receive benefits and coverage that companies generally offer their full-time and part-time employees. Such benefits would include workers’ comp and health insurance. Offering contractors compensation for injuries on the job would require companies to pay premiums in addition to the expense of covering regular employees. Rather than take on this cost, many companies do not make workers’ comp available to contractors. When contractors are injured on the job, they are forced to pay for hospital expenses and other medical care on their own. When contractors are unable to pay, these costs are passed on to the general public. Reasons to Offer Workers’ Comp One of the main arguments in favor of offering workers’ comp to gig economy workers is that employees who perform similar types of work, like those who work for construction companies, do receive this coverage. Other workers who are not technically considered employees, such as cab drivers, are able to receive workers’ comp thanks to state agency regulations. Possible solutions to this problem include taking a different approach to making workers’ comp available to gig economy workers that is similar to how the Affordable Care Act has made health coverage available to contractors. Another possible solution would be to make contractors responsible for covering some of the expenses and have the contracting companies cover the rest, including workers’ compensation. Since gig economy workers are allowed to unionize, organizing and bargaining for coverage could present another potential solution. If you have been injured at work, please contact the Law Offices of Scott Warmuth at 1-888-517-9888 to speak to an attorney who handles workers’ compensation cases.   Sources http://qz.com/715131/gig-economy-workers-injured-on-the-job-should-get-workers-comp-protections/  
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E-Cigarette Smokers Are at Risk of Personal Injury

Topics: Personal Injury

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E-cigarettes are very popular with people who are trying to quit smoking, and with people who want to continue to smoke but are trying to reduce the side effects to their health. Additionally, some people use e-cigarettes in places where traditional cigarettes are banned. But despite their growing popularity, e-cigarettes can also be dangerous for more than just their nicotine content. They can malfunction, which can cause explosions, fires, and severe burns. Whether they are called e-cigs, vaping devices, vapor pens, or something else, they all have the potential to cause significant personal injury. How Do E-Cigarettes Work? Personal injury attorneys have taken numerous cases where e-cigarettes have exploded or caught fire. The reason this happens is that the e-cigarette is designed to provide an experience that is very similar to an actual cigarette. In order to do that, the heating element inside the e-cigarette must heat the liquid that is used by these devices to a boiling point so that vapor is produced. The vapor is then inhaled by the user. To reach the right temperature quickly and properly, the heating element must have a viable source of power, which is generally a lithium-ion battery. Why Are E-Cigarettes Exploding? If the electrolyte fluid in the battery overheats, the battery can expand so much that it ruptures. This can cause an actual explosion, but in some cases causes a fire without that explosion. The battery is located inside a cylinder, and that tube is usually made out of a thin metal such as aluminum, or even out of plastic. When an e-cigarette explodes, the user's hands and arms are at risk of personal injury, as are the neck and face. These are the areas where injuries most commonly occur, although e-cigarettes placed in shirt or pants pockets can also malfunction and cause harm. Get Help for Your Personal Injury Case If you or a loved one has been injured by an e-cigarette explosion, contact The Law Offices of Scott Warmuth at 1-888-517-9888 and get your questions answered. You may have a personal injury case and could be awarded damages. Working with an attorney familiar with these types of cases can give you the information you need, so you can decide whether to move forward with a claim. There are laws in place to protect people from dangerous or damaging products, and having a legal advocate on your side can help you receive the compensation you deserve. Source http://www.natlawreview.com/article/e-cigarette-explosion-injuries-california  
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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

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Being accused of a criminal offense can be life-altering. If you end up being charged for the offense, your life could be permanently changed with the potential to face years in prison. Fortunately, there are several effective criminal defense strategies that have been proven time and time again. These strategies are designed to give you all the legal benefits afforded to you by the United States Justice System and ensure that you are truly "innocent until proven guilty." Here are just a few of the most popular criminal defense strategies: Suppressing evidence in court: While "suppressing evidence" sounds strange, the reality is that this is a common method of improving a defendant's prospects in the courtroom. Suppressing evidence involves the lawful process of disqualifying specific pieces of evidence because they were acquired unlawfully. For example, evidence that was taken in violation of the Fourth Amendment could be inadmissible in court, so long as the criminal defense lawyer moves to suppress the evidence. Creating a truthful story that offers the best chance of a reduced (or eliminated) sentence: Quite often the defendant will take the stand, and then be examined and cross-examined by the defendant's lawyer and the prosecutor. Therefore, it is incredibly important that the defendant and their criminal defense lawyer work together to ensure that every part of the story makes sense. This helps to ensure that the prosecution cannot poke holes in the testimony (thereby creating doubt in the minds of the jury). Even defendants who had absolutely nothing to with what they’ve been accused of can get nervous and say something they didn't mean to say – which is why practicing is extremely important. Utilizing expert witnesses: In many cases, the evidence won't necessarily point directly to the defendant; instead, it will be interpreted by the prosecutor in a way that links it to the defendant. Retaining one or more expert witnesses is an excellent way of bringing into question the validity of those interpretations. Remember, all a criminal defense strategy needs to do is establish enough reasonable doubt that a "not guilty" verdict is reached. If you are not a U.S. citizen, for example, you are undocumented or have a visa or a green card, the consequences of a criminal conviction could be even more harmful for you. That is why it is best to work with a team that has both criminal and immigration experts who can advise you. Retaining a criminal defense attorney who understands the intricacies of the law, and who is also willing to fight in court for you, is essential to any successful criminal defense strategy. We encourage you to contact The Law Offices of Scott Warmuth at 1-888-517-9888 to find out which criminal defense strategy will work best for you.
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