Law-LG https://www.wlglaw.net Legislation Blog Wed, 28 Dec 2022 15:58:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.1 https://www.wlglaw.net/wp-content/uploads/cropped-logo-32x32.jpg Law-LG https://www.wlglaw.net 32 32 How to Find a Registered Agent in New Jersey https://www.wlglaw.net/how-to-find-a-registered-agent-in-new-jersey/ Wed, 28 Dec 2022 15:58:22 +0000 https://www.wlglaw.net/?p=106 Filing an LLC in New Jersey isn’t all that difficult. In fact, all you really need to do is file your Certificate Formation with the […]

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Filing an LLC in New Jersey isn’t all that difficult. In fact, all you really need to do is file your Certificate Formation with the Secretary of State, and you’re good to go.

However, in order to file that document, any newly-formed LLC is also required to find a registered agent in NJ state, which must be done before registering an LLC. Below, we’ll explain what a registered agent is and how to find one to meet the needs of your business best.

What Is a New Jersey Registered Agent?

Essentially, a registered agent (RA) is an official point of contact between an LLC and the government entity, appointed to handle legal documents and official notes sent to the company. 

It’s also the person (or company), responsible for notifying LLC members of the receipt of these documents and sending reminders to ensure the company’s compliance with the calendar. 

Why Use a Registered Agent in NJ?

Legal formalities aside, having a resident agent is beneficial for businesses in many ways. Here are just some of them: 

  • First things first, it gives you privacy. Rather than listing your own details and exposing them to the public, you can provide your registered agent’s name and address; 
  • Secondly, RAs help avoid sensitive situations by discreetly sending your paperwork online, so you don’t have to deal with them in front of your clients;
  • In addition, you get peace of mind knowing that your LLC’s documents are kept in good standing and handled in compliance with the calendar;
  • Besides, with a registered agent, you can enjoy more freedom and organize your work hours as you see fit without being tied to the office; 
  • Lastly, if you decide to open a foreign LLC at any stage, a RA will let you establish your presence at any specific location. 

Who Can Be a Registered Agent?

A registered agent can be any resident of New Jersey who has a physical street address in the state and is aged 18 or older. You can also be your own registered agent if you don’t mind processing paperwork and can cover business hours, which are from 9:00 to 17:00

In general, however, hiring a professional RA company is much preferable, especially since the cost of a RA in New Jersey isn’t that high, ranging from $50 to $250 per year.  

How to Find a Registered Agent in New Jersey

If you want to reduce costs, you can designate your friend or even your neighbor as a registered agent to receive and handle documents on your behalf. Alternatively, you can choose one of the RA companies, which New Jersey has in abundance. 

If you already have an idea of what company you want to hire, all you need to do is type in its name in a Google search. Be sure to check the registered address of the company you have chosen – it must be within the state of New Jersey. 

You may also want to check the company’s availability in other states, which can be important for LLCs planning to expand their business in the future. 

Other than that, it is a good idea to read through clients’ reviews. Obviously, all agents for service of process will tell you that they are the best in the field, but, in fact, not all of them are, and users’ feedback can help you determine who is the most genuine.

Finally, look into the cost and value of the service. Make sure you choose a provider that offers a full range of services, including same-day document processing, and there are no added or hidden fees to pay.

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The U.S. has passed a gun control law that is being called the most important in 30 years https://www.wlglaw.net/the-us-has-passed-a-gun-control-law/ Wed, 15 Jun 2022 14:36:00 +0000 https://www.wlglaw.net/?p=55 The U.S. Senate and House of Representatives approved an 80-page gun control bill. It was supported by 65 senators, including 15 representatives of the Republican Party

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The U.S. Senate and House of Representatives approved an 80-page gun control bill. It was supported by 65 senators, including 15 representatives of the Republican Party, which traditionally opposes stricter control in this area. In the House of Representatives, 234 people (including 14 Republicans) voted for the bill and 193 opposed it. Now it will be sent for the president’s signature.

The bill was drafted after two mass murders took place in the U.S. in May. The shootings at a supermarket in Buffalo and at an elementary school in Yuvalde killed 31 people, more than half of them elementary school students.

After the Senate vote, U.S. President Joe Biden said, “Today, after 28 years of inaction, members of Congress from both parties came together to heed the call of families across the country to pass a bill to address gun violence in our community. Families in Yuvalda and Buffalo, too many past tragic incidents have demanded action. And today we are taking action.”

The new bill calls for increased funding for school security, major investments in mental health and suicide prevention programs, and additional spending on other crisis support services. There are also plans to impose more rigorous background checks for people between the ages of 18 and 21 who want to buy guns. Controls on the private arms trade would be greatly increased.

In addition, it is proposed to limit access to guns for those who pose a threat to themselves and others, in particular, a loophole will be closed, thanks to which people convicted of domestic violence could buy firearms. There are also plans to funnel significant money into state budgets to develop their own laws regarding restricting access to guns for potentially dangerous people and developing crisis-relief programs.

“For years, the extreme left has falsely claimed that Congress could solve the terrible problem of mass murder by amending the constitutional rights of law-abiding Americans. This bill proves that’s not the case. Our colleagues have put together a package of popular, common sense steps that will help make horrific incidents less likely without violating citizens’ constitutional rights under the Second Amendment,” said Republican Senator Mitch McConnell.

The new bill does not impose tough restrictions, but the American public calls the results of its consideration a victory for the Democratic Party, which for years has been advocating for stricter gun control.

American media noted that the previous law of similar importance was adopted in 1994. Then, gun manufacturers were prohibited to produce high-capacity magazines for civilian use and certain types of semi-automatic weapons, which fell under the definition of an assault rifle. The ban was in effect for 10 years, but it expired in 2004 and could not be extended due to opposition from the Republican Party. Today, only seven states and the District of Columbia have banned assault weapons.

The U.S. remains the country with the highest rate of firearm deaths among developed nations. Nearly 21,000 people died in 2022 – more than nine thousand homicides and about 12,000 suicides. According to the nonprofit Gun Violence Archive, there have been 280 mass murders since the beginning of the year.

The Democratic Party of the United States – and, as polls show, the majority of the country’s population – favor tightening existing gun control laws. Opponents of such measures (including the National Rifle Association of America) believe that any change in existing laws would violate the constitutional right of citizens to own guns, as enshrined in the Second Amendment to the Constitution. They fear that any concession would trigger new requirements and eventually lead to a total ban on guns.

One of their main arguments is that restrictions on gun ownership would not, in practice, prevent most mass murders. The example often cited is that of American Stephen Paddock, who in 2017 committed the most mass murder in U.S. history–then killed 59 people and injured more than 500. Paddock purchased his weapons legally – he passed all the necessary checks, he had no criminal record and no obvious signs of mental illness.

A growing number of people in the United States in recent years have argued that the problem of gun violence can only be solved by repealing the Second Amendment to the Constitution.

Former Supreme Court Justice John Paul Stevens has called for the repeal of the amendment, calling it a relic of the 18th century. Walter Shapiro, a scholar at the Brennan Center for Justice (New York University School of Law), said no reform would solve the existing problems of a society with some 400 million guns stored “in closets, glove compartments and nightstands.

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The intellectual property system and related laws https://www.wlglaw.net/the-intellectual-property-system-and-related-laws/ Sun, 05 Jun 2022 14:22:00 +0000 https://www.wlglaw.net/?p=49 U.S. federal IP law is directly authorized by the Constitution as far as copyright and patents are concerned. With respect to trademarks and other types of IP

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U.S. federal IP law is directly authorized by the Constitution as far as copyright and patents are concerned. With respect to trademarks and other types of IP, the federal government has the power to legislate only because of its ability to regulate commerce. Moreover, by granting Congress the power to create legislation in the area of copyright and patents, the Constitution does so with the express purpose of “promoting development” in relevant areas. This language has been interpreted as basing American IP law on the idea of promoting the diffusion of economic goods and increasing the amount of innovation and creative works available to people.

Although the federal government is active in IP law to the maximum extent permitted by the Constitution, state laws are still important to IP law. Therefore, it is important to note that human rights and obligations can only be fully understood with reference to federal and state law.

Government Regulatory Agencies.
Congress has delegated regulatory authority relevant to IP to the following federal agencies:

The U.S. Copyright Office at the Library of Congress registers copyright applications and makes copyright assignment records in accordance with the Copyright Code. Unlike other agencies, the Library of Congress is organized under the auspices of the legislature.

The USPTO under the Department of Commerce grants United States patents under the Patent Code, registers trademarks under the Lanham Act, and handles some disputes through either the Patent Trial and Appeal Board (PTAB) or the Trademark Trial and Appeal Board (TTAB).

The U.S. Food and Drug Administration (FDA) under the Department of Health and Human Services administers theFDCA, including preservation of exclusive data rights, patent term extensions, and other forms of sui generis intellectual property under the Act.
The Office of Plant Variety Protection under the Department of Agriculture administers the Plant Variety Protection Act by issuing certificates of protection to plant breeders.

The Indian Arts and Crafts Council of the Department of the Interior administers the Indian Arts and Crafts Act.by issuing certificates of protection to breeders.
The CMT, an independent agency within the executive branch, handles IP disputes related to the importation of potentially infringing goods.

Regulatory Framework and Current Issues

Copyright
Copyright protection in the United States is authorized by the Copyright Clause of the U.S. Constitution. Current copyright laws are codified in Title 17 of the United States Code. The federal copyright statutes are compiled in Title 37 of the Code of Federal Regulations. Federal copyright law has superseded most state copyright law since 1978.

Copyright is automatically correlated with the creation of an original work of authorship; however, registration with the Copyright Office is useful in copyright litigation and necessary to obtain statutory damages in the event of infringement. In many cases registration is required before filing a lawsuit against the infringer, although registration does not change the existence of protection.

Integrated circuit topologies or topographies (topography) of integrated circuits are protected under US copyright law, although protection is more limited than in the case of other copyrighted works.

U.S. copyright law is based on the utilitarian concept that copyright should encourage the creation of works rather than protect the personal rights of the author. This purpose of copyright is established in the Constitution: “to promote science and useful crafts.” Thus, the United States recognizes only minimal non-property rights of authors under copyright law. In passing the Berne Convention Implementation Act, the US Congress stated that the non-property rights in Section 6bis sufficiently protected by laws outside the Copyright Code, such as defamation, unfair competition and publicity[10]. An exception is the Visual Artists Rights Act of 1990 (VARA), which is part of the Copyright Code, but applies only to works of visual art and considers only attribution and integrity rights. U.S. law does not distinguish between copyright and related rights.

Patents and utility models
Patents in the United States are allowed by the Patent Clause of the U.S. Constitution. Until recently, the United States used a “first-to-invent” patent system in which competing patents or patent applications determine their priority based on the date of invention. The America Invents Act moved the United States in 2013 to a more general “inventor first to file” system in which priority is based on the filing date. The patent code is contained in Title 35 of the United States Code. The federal regulations pertaining to patents are collected in Title 37 of the Code of Federal Regulations. Patents are governed exclusively by federal law.

The USPTO regularly publishes a Manual of Patent Examination Procedure (MPEP) for use by patent attorneys, agents, and examiners. The MPEP describes all the laws and regulations that must be followed in the examination of U.S. patent applications and references relevant case law. The USPTO also deals with patent applications as outlined in the MPEP. While patent attorneys may be used to assist in the application process, the USPTO has a separate examination for those who practice patents. Therefore, there are “patent agents” who, while not lawyers, are permitted to practice before the USPTO.

Three types of patents can be granted:

Invention patents (for any new, useful and non-obvious process, machine, article of manufacture or composition of components, or any new, useful and non-obvious improvement thereof),
design patents (for any new, original and artistic design of an industrially produced product) and plant patents (for any distinctive and new variety of plant reproduced by asexual reproduction, except for plants propagated by rootstocks).

The current utility patent term is twenty years from the earliest claimed filing date, but it can be extended to compensate for delays at the patent office or in obtaining FDA approval under the Medicines Price Competition and Patent Term Renewal Act (also known as the “Hetch-Waxman Act”). The FDCA also has quasi-patent rights in the form of exclusive market rights for manufacturers of both generic and patented drugs under certain circumstances. For example, exclusive market rights are granted to orphan drugs developed specifically to treat rare diseases under the Orphan Drug Act.

Under limited circumstances, U.S. law provides for a one-year grace period for filing after disclosure. In general, the first disclosure must be made by the applicant or by someone authorized by the applicant to make the disclosure.

Emerging areas of intellectual property
Genetic Resources.
U.S. law does not address the protection of genetic resources under intellectual property.

Traditional knowledge and cultural expressions
The Indian Arts and Crafts Acts of 1935 and 1990 (IACA) were enacted to encourage the development of Native American arts and crafts, to protect and preserve cultural heritage, and to prevent commercial interests from fraudulently associating their goods or services with Native peoples. The Indian Arts and Crafts Council, created by the 1935 Act, may refer IACA violations to the Federal Bureau of Investigation and may also recommend that the United States Attorney General (Department of Justice) initiate criminal prosecutions or civil enforcement actions. Criminal and civil penalties include large fines and imprisonment.

The USPTO Tribal Distinctive Signs Database permits registration and promotes the protection of the emblems or symbols of any federally or state-recognized Native American tribe that are brought to the USPTO by the tribe itself, by providing evidence of the relationship between the tribe and its distinctive signs. However, registration provides no additional benefit to the distinctive marks and is not considered a trademark. Therefore, the primary use of registration is to prevent third parties from registering a trademark containing such distinctive marks.

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Tax laws in the U.S. change with every election https://www.wlglaw.net/tax-laws-in-the-us-change-with-every-election/ Sun, 22 May 2022 14:56:00 +0000 https://www.wlglaw.net/?p=64 Are there a lot of taxes in your country? In the U.S., companies have two main legal forms available to foreign nationals. The first is an LLC, a partnership.

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Are there a lot of taxes in your country? In the U.S., companies have two main legal forms available to foreign nationals. The first is an LLC, a partnership. The company as an entity does not pay taxes. All profits are distributed among the members of the company. They remit the tax; for non-residents the rate reaches 37 percent. The second form is a Co-operative, an analogue of the Russian AO. The company pays federal tax: 21 percent on profits made in the U.S. or from U.S. sources. If the income has nothing to do with the United States, it is not taxed.

There are also regional taxes? We have a three-tiered tax system: city tax, state tax, federal tax. The rates vary everywhere.

Is it hard to figure out? No, it’s all built pretty logically. The most problematic part is determining the total amount of tax a company has to pay on different assets.

Does the company pay taxes on employees? Every U.S. resident declares and pays their own taxes.

How often do companies report? Annually by April 14. A U.S. certified public accountant is allowed to file the returns.

What if there is an error in the report? A mechanical error will be corrected by inspectors. When the problems are more global, the company resubmits the form where the mistake was made.

Are the penalties high? If a company doesn’t pay taxes and doesn’t submit a report, it will be fined 5% of the amount owed. With each month of delay, the penalty increases until it reaches 25 percent. If a company fails to pay, but reports, the penalty is much less – 0.3 percent.

Are companies using ways to reduce taxes? Yes, after all, the federal tax rate is quite impressive. For example, they divide the turnover into the turnover generated in the U.S. and the turnover generated outside of the U.S..

Do you have a unified tax code? At the federal level there is the Internal Revenue Code, plus each state has its own law.

Do the laws change often? Yes, with every election (smiles).

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The post of president of the country: two terms – and enough? https://www.wlglaw.net/the-post-of-president-of-the-country/ Sat, 14 May 2022 15:01:00 +0000 https://www.wlglaw.net/?p=67 65 years ago, the 22nd Amendment to the U.S. Constitution went into effect, establishing that the same person could serve no more than two terms as president, whether consecutive or intermittent.

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65 years ago, the 22nd Amendment to the U.S. Constitution went into effect, establishing that the same person could serve no more than two terms as president, whether consecutive or intermittent.

It was passed by Congress on March 21, 1947. Then it took almost four more years for its ratification by state legislatures.

Previously, the limitation of the presidential legislature to two terms existed as an unwritten rule, which is generally characteristic of Anglo-Saxon political culture.

Franklin Roosevelt broke with tradition, which prompted the amendment. Society and legislators decided that, with all due respect to the deceased, this should not be allowed to happen in the future.

There is an opinion (a very common one) that the presence of such a restriction in a state constitution is one of the key differences between a genuine and a formal democracy.

According to supporters of forced removability, most voters instinctively fear change, forget that any other life is possible during a long period of rule by one person, and accept too readily that there is no alternative to the incumbent leader. And the latter, having at least a theoretical possibility of making his power last a lifetime, would resort to unworthy tricks and even crimes for the sake of it.

But there is also the opposite point of view: the will of the citizens should not be restricted, and people have the right to choose who and how many they want.

Interesting Facts

  • The U.S. Constitution, adopted by a special convention in Philadelphia on September 17, 1787, and effective March 4, 1789, is the oldest in the world. Nevertheless, according to sociologists, 90% of Americans believe that it meets modern requirements.
  • The American Constitution was written by 30 people in about 100 working days. It is also the shortest: a preamble, seven articles and 27 amendments, about 4,400 words in all, including the articles.
  • The U.S. Constitution does not mention the word “democracy.”
  • Restrictions on the time in power of the highest officials were first established in ancient Athens. In republican Rome, consuls and other magistrates were elected for one year, and could not hold the same office again until ten years later.
  • After declaring independence on July 4, 1776, and winning the war with Britain, the United States remained an amorphous confederation for 13 years. The first president in the modern sense, George Washington, was elected in 1789. Before him, presidents were referred to as presidents of the unicameral Congress, who changed annually, had limited powers, and were not included in the official count.
  • The two-term provision is considered part of Washington’s political will. He did not run for a third term in 1797, although, according to almost unanimous historians, he could have been reelected again and again and even proclaimed himself king. In his famous Farewell Address, however, Washington spoke of age and fatigue, not of a desire to set any precedent.
  • “Unless a limitation on the period of service of the highest officer is established by the Constitution or tradition, he will de facto be made a lifetime,” Thomas Jefferson wrote in 1807.
  • Before Franklin Roosevelt, Ulysses Grant, Grover Cleveland, and Theodore Roosevelt unsuccessfully attempted to run for a third term.

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Defense and adjudication https://www.wlglaw.net/defense-and-adjudication/ Tue, 10 May 2022 14:26:00 +0000 https://www.wlglaw.net/?p=52 Copyright owners must vigorously defend their rights. The Federal Bureau of Investigation investigates some cases involving criminal infringement

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Criminal law remedies
Copyright owners must vigorously defend their rights. The Federal Bureau of Investigation investigates some cases involving criminal infringement, usually after receiving a complaint from the copyright owner. Criminal prosecutions may occur in cases of willful copyright infringement, fraudulent copyright notice, fraudulent removal of a copyright notice, false representation of information in copyright registration applications, and certain acts involving circumvention of copyright management information and infringement of the integrity of such information. Criminal sanctions include fines and imprisonment.

Criminal penalties may apply to the use of trademarks for criminal counterfeiting of goods and to the dissemination of trade secrets under state and federal law. U.S. Customs and Border Protection, as part of the Department of Homeland Security, plays an active role in protecting intellectual property rights, including identifying and seizing counterfeit goods. Meanwhile, the Computer Crime and Intellectual Property Section of the U.S. Department of Justice oversees national efforts to combat intellectual property crimes.

Civil Remedies
Federal court proceedings involving lawsuits between private parties are governed by the Federal Rules of Civil Procedure (FRCP). Many states have adopted civil litigation rules modeled on the FRCP; however, significant exceptions are New York and California. State civil procedure laws may take the form of codified legislation passed by the state legislature or judicial rules issued by the state supreme court.

Notable features of the U.S. civil procedure are as follows:

  • Lengthy pre-trial filing and discovery procedures,
  • heavy reliance on direct testimony taken under oath or in front of a jury,
  • an active pretrial practice of “legal arguments and motions” designed to lead to summary judgment, fewer issues presented for resolution at trial, and settlement between the parties,
  • the withdrawal of the class action, and
  • by default, the parties cover their own attorneys’ fees, although numerous statutory systems provide for coverage of attorneys’ fees and costs in certain cases.

The vast majority of enforcement actions in intellectual property matters involve private litigation between the owner of the IP right and the person accused of violating it.

U.S. federal courts have exclusive subject matter jurisdiction over civil cases arising under patent laws. A patent holder may choose to pursue a case in the CMT instead of, or in addition to, the federal civil court system. However, the only remedy available from the CMT is to prevent further importation of infringing products into the United States. Questions concerning the validity of patents can also be raised before the PTAB in the USPTO.

U.S. federal district courts also have exclusive subject matter jurisdiction over copyright. A plaintiff may be entitled to equitable relief, damages for monetary damages and compensation for attorneys’ fees. Claims of copyright infringement brought against the United States and not arising in a foreign country must be brought in the United States Court of Federal Claims within three years after the infringement occurred. Only compensation for monetary damages is due for suits against the U.S. government.

Trademark law is enforced almost entirely through private lawsuits, and failure to completely stop their infringing use by others can result in loss of protection. Depending on the lawsuit and the relief sought, the case may be brought in either state or federal court. Issues concerning the status of a registered trademark or trademark application can also be raised before the TTAB in the USPTO.

The Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals arising under patent law as well as appeals from the U.S. Court of Federal Claims , PTAB, TTAB and KMT. Federal Circuit decisions are overturned only by federal law or decisions of the U.S. Supreme Court.

Awareness and Education
The USPTO develops curricula on enforcement, patents, trademarks and copyright through the Global Intellectual Property Academy. Most law schools in the U.S. and often other types of graduate programs offer programs or classes focused on intellectual property issues.

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A General View of the States Legislative System https://www.wlglaw.net/general-view-of-the-states-legislative-system/ Sat, 07 May 2022 13:57:00 +0000 https://www.wlglaw.net/?p=30 The American legal system is one of the most complex in the world. Practically all the more or less important laws that have ever been applied at the federal level

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The American legal system is one of the most complex in the world. Practically all the more or less important laws that have ever been applied at the federal level (there are some exceptions, which were applied only at the state or city level) are included in the special Legislative Code of the United States – the second most important document after the Constitution. The country’s legislation is based on the Constitution (as in Russia). This document guarantees citizens equal rights and the opportunity to assert them.

America is also famous for its ridiculous legislative projects which have been in effect for several years or even centuries, though serious penalties for their violation are unlikely to ever follow.

The main legislative document is the Constitution of the United States. It is the basis upon which all existing laws of the country, individual states, and cities are drafted and edited. Each U.S. state and even a city is free to pass its own bills, but final passage requires congressional approval. That said, all proposed individual state and city bills cannot conflict with the Constitution, applicable laws at the federal level, basic human rights, and applicable laws of the state itself.

Basically, states and cities use this right to impose/revoke additional taxes, duties, fines, allow/prohibit the sale of certain types of goods. Thanks to this the economy of the country is prospering, because the income from taxes is accumulated in individual states and only a small percentage of the country goes to the capital, where if necessary it can be distributed among the regions or used for other purposes. This system also makes it more profitable to trade both domestically and internationally.

However, a significant disadvantage of this system is the discord between the regions. For example, at one time Texas wanted to secede. Plus lawyers have to “adapt” to the rules of each individual region, as do the citizens of the country. If in one state you could get a small fine for a violation, in another state you could end up in prison for the same violation.

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Immigration Law https://www.wlglaw.net/immigration-law/ Sun, 24 Apr 2022 14:01:00 +0000 https://www.wlglaw.net/?p=33 You can officially migrate to America permanently in these ways - through work, family reunification, talent visa, winning the Green Card lottery, or by applying for political asylum in the United States.

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You can officially migrate to America permanently in these ways – through work, family reunification, talent visa, winning the Green Card lottery, or by applying for political asylum in the United States. For those who have been able to relocate and obtain residency through these means, the government offers some help in adjusting. However, if you are in the country on a U.S. tourist, student, or other visa that does not allow you to obtain a residence permit, you will not be able to legally get a job, get Social Security, or take out large loans. The exception is the student visa on which you can work, but no more than 20 hours a week, and receive some social assistance from the state and private organizations.

For a long time a law was passed in the USA, which forbids the migrants without residence permit (Green card), special visa or citizenship to work legally in the USA. However, this does not prevent many migrants in some states and cities from working illegally and still maintaining a good standard of living. It is especially noticeable in New York, Chicago, Los Angeles, and some southern regions, since most migrants gather there, plus the implementation of this act is monitored rather poorly.

However, if an employer is found to have illegal workers, he will be fined a large fine or required to close the company. Illegal workers themselves are not threatened with anything serious, i.e. if a person stays in the country legally, then the court is out of the question.

If your visa has expired, and it is impossible to extend it, then you must leave the country as soon as possible, otherwise you can be among the illegals. In addition to the fact that you will not be able to get a legal job, you are not recommended to use the services of the police, medical and other institutions where they may ask for documents. If it turns out that you are in the country illegally, you can be deported or sent to the migration prison for further clarification.

Those who stay in the country on a tourist, study, or visitor visa cannot apply for a Green Card, i.e. to become a full-fledged American citizen will be much harder. The owners of work, business, and investment visas can expect to receive a residence permit and subsequently a passport.

The Freedom Act allows the first group of people to legalize their status by exercising their right to apply for political asylum. If their visas have not yet expired, they are not threatened with immigration jail, and they can stay in the country legally while the process of their application is underway (the process itself can take several years). After 6 months from the beginning of the process, if no decision has been made or one of the parties tries to dispute the issue, the applicant is provided with an official work permit as well as various social security benefits in the refugee assistance program.

However, you do not have to leave the country if it is rejected; you can file a second lawsuit, but it will cost a certain amount of money, because you will need to hire a lawyer. You can file lawsuits almost indefinitely, thus dragging out the process for years, and you will have all the rights of an American citizen. But every attempt to appeal against the decision of the immigration court will cost a large sum of money, so this way to stay in the country legally is too costly. If you managed to get political asylum, you will be given a Green Card and some social benefits as a refugee, after a certain period of time you can become a full-fledged US citizen.

Recently, U.S. immigration laws have become more and more strict. First of all, it is connected with influx of low-skilled labor from Mexico, China, and African countries who work illegally and do not pay taxes, which is to the detriment of the state. There is also a risk of canceling the Green Card lottery, which brings tens of thousands of people to the United States for permanent residence every year. The reasons are economic in nature, since the Green Card entrants can expect full social security from the government, which they actively use, and as a consequence, they do a certain amount of damage to the economy.

At the moment, the United States is most interested in the influx of highly skilled specialists from abroad, who find it easier to migrate on a work, study, or talent visa (issued to those who have some unique talent or outstanding achievements).

However, even with a Green Card in hand, you can be deported from the country without the right to return if you seriously break the law.

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Invalid and ridiculous laws https://www.wlglaw.net/invalid-and-ridiculous-laws/ Fri, 01 Apr 2022 14:07:00 +0000 https://www.wlglaw.net/?p=39 Not so long ago the Homestead Act, which allowed immigrants to the Wild West and Alaska to qualify for free land and seed money to develop them, was finally repealed.

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Not so long ago the Homestead Act, which allowed immigrants to the Wild West and Alaska to qualify for free land and seed money to develop them, was finally repealed. To qualify, one had to be a citizen of the country, not commit serious violations of its existing laws, and support the current government. The Covenant came into force in 1863, and was abolished only in 1976 (in all U.S., except Alaska) and 1986 (in Alaska).

Also, American law is famous for its ridiculous bills that do function. However, some of them are almost impossible to violate, and in another case it is impossible to trace the violation itself. A few of the most interesting and ridiculous laws:

  • In New York State and Alabama, it is illegal to walk around on Sundays with an ice cream cone in the back pocket of your pants.
  • Also in New York, jumping from a skyscraper is punishable by death.
  • In South Carolina, it is illegal to keep a horse in a bathtub.
  • In Missouri, every unmarried man between the ages of 21 and 50 pays an extra $1 tax.
  • In New Jersey, assassins who prepare an assassination attempt are not allowed to wear a bulletproof vest.
  • In Alaska, it is forbidden to view moose from an airplane that is in the air.
  • In Arkansas, all dogs are prohibited from barking after 6 p.m., though it is not specified what the penalty for doing so would be for the dog and/or its owner.
  • In Florida, you can’t shower naked, but no one adheres to this law.
  • In North Dakota, you can’t sleep with your shoes on.
  • Also in Alaska, you can’t throw a moose off an airplane.
  • In Arizona, you can’t sleep with a donkey/ass in the bathroom.
  • In West Virginia, men are allowed to have intercourse with animals that weigh no more than 18 pounds.

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Financial and tax law https://www.wlglaw.net/financial-and-tax-law/ Thu, 24 Mar 2022 14:04:00 +0000 https://www.wlglaw.net/?p=36 The U.S. economy is the strongest and most developed economy in the world. Its main backbone is small and medium-sized businesses, as well as a sophisticated taxation system for people and businesses.

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The U.S. economy is the strongest and most developed economy in the world. Its main backbone is small and medium-sized businesses, as well as a sophisticated taxation system for people and businesses. Part of the economic superiority of the United States also comes from the fact that each region is partly independent in its decisions from the central government.

Despite the fact that half of the country’s economy is based on the creation and development of private enterprises and companies, it is not so easy to open a business in this country. It’s all about a confusing system of certifications, taxation, and various laws regarding labor, safety, and labor regulations.

The U.S. tax code requires every citizen and resident to pay income tax. The average rate in the country is about 20-25%, however you should remember that each state has the right to set its own income tax, so somewhere it can be 20% and somewhere it can be 40% (state governments do not have the right to raise tax above 40%). Income tax is also imposed on private businesses.

In addition to the basic income tax there is a property tax. Again, it can vary greatly from region to region. For example, the lowest property tax is in Ohio, Texas, Kansas, and the highest in California, New York. There are also additional mandatory state taxes that all residents of a particular state must pay.

Optional taxes include taxes on gun ownership, taxes on certain types of goods/services, and use of public infrastructure. All taxes are closely monitored, and in case of nonpayment or delay in payment you may be fined heavily (for example, if we are talking about income tax, the penalty could be 100% of your income for one year).
In certain cases, non-payment may result in imprisonment and/or closure/suspension of the business. Therefore, before starting a business in America, it is advisable to thoroughly research the tax laws of the country and state where you plan to open your business. It is also a good idea to use the services of a knowledgeable lawyer.

The law of the USA on the taxation of foreign accounts requires separate consideration. It is necessary to know its basis for those who are planning to come to America on a work visa, trade with companies that are officially registered in this country, open a subsidiary enterprise of an existing company in your country, take part in lotteries and play in the casinos.

According to this law, all profits that are kept in foreign accounts are taxed. There is also a risk of overpaying this tax, because in addition to paying fees to the American side, the legislation of another country may require you to pay taxes under its tax protocol. However, if you enter into a certain contract, you will only pay taxes to one party.

While in America, never try to violate its tax laws. The special services that check your tax receipts are so good that they can literally hold you accountable for a few unpaid cents. This partly explains why business owners are trying less and less to hire illegals, and Americans themselves are afraid of having trouble with the IRS.

Also the country’s laws have a serious impact on the business sector of society. Since private enterprises are the backbone of the US economy, antitrust and antitrust laws have been issued which prevent certain companies from taking a market share above a certain percentage and impose additional taxes, restrictions and penalties. These laws mostly apply to large concerns, small and medium-sized businesses in the country are not easy to open and develop, but the government mostly helps beginners.

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