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Archive for January, 2008

One step closer to immigrating to the US: submitting your application

Saturday, January 12th, 2008

So, you’re ready to jump through some hoops to immigrate to the United States, huh? Well, it really isn’t all that daunting a process if you’re prepared for it. Unfortunately, a lot of technical requirements and miscellaneous tasks await a person who is ready to migrate to a new country, especially one with the intense border control of America. Don’t you think you should know what they are?

Remember that as you go through the immigration process, your embassy or consulate will have a lot of power and so will the American immigration officer; in fact the latter will have the final say. Evidence, documents, and attitude aside, you aren’t ever in total control of your immigration. So make sure you cross your t’s and dot your i’s! Try to be as accurate and complete with your application process so that you don’t encounter any obstacles on the road to your new living arrangement.

Before submitting your immigration application, there are some things to keep in mind. In order to avoid pitfalls that often haunt others trying to accomplish the same goal, follow the tips below:

· Your passport will be important when applying for a visa. Make sure it is up to date and has accurate information about you

· It’s easy to download an immigration form online; just make sure it’s the proper one and you have Acrobat Reader for viewing – also, when you go to print, you may be required to print it out back to back and with certain dimensions

· Fill out the form as extensively and deeply as you can, otherwise put “N/A”

· An up to date, face-fronting photo with high contrast is a must for your application so have this on hand

· Your host in the U.S. can start putting the process in motion by sending in all necessary, up-to-date documents to the embassy you are dealing with; you’ll want to be sure that there are no inconsistencies with the information your host and you give the embassy

· Prepare to answer questions during your interview about why you are immigrating to the U.S.; there are certain qualifications to do such a thing and you must be careful that you don’t disqualify yourself on accident!

You can easily obtain a visa application visiting U.S. government Web sites on the World Wide Web. UnitedStatesVisas.gov and the U.S. Citizenship and Immigration Services are tremendous resources for you.

Now, in order to submit your visa, you must locate the appropriate embassy to submit it to. Make an appointment with the consulars office and ask about fees ahead of time.

What you will need is: a passport, important documents, visa application forms (of course), and payment for whatever fees. Once the consulars office “okay’s” you, you’ll then greet an immigration officer in America. Essentially, the U.S. Department of Homeland Security will determine the length of your stay and all those other important details about your immigration status.

Non-immigrant v. Immigrant Visas

Saturday, January 12th, 2008

Whether you’re leaving home to temporarily visit or permanently move to the United States, there are two basic types of visas available for you. Here is a guide to visas, so you can determine where you fit in to the picture!

The first question you must ask yourself before it’s asked of you is: are you a non-immigrant or an immigrant?

Non-immigrant Status Visas

Do you have a permanent residence outside the United States but you want to temporarily leave your home to study or tour abroad? Then you might be interested in a non-immigrant visa. Here are some reasons you might visit the U.S. temporarily: medical treatment, tourism, work, and/or study.

The caveat here is that you must prove you are a non-immigrant, as opposed to an immigrant. This process of providing evidence that you deserve a non-immigrant visa is variable and depends on the specific embassy you are dealing with. Remember that you can have all the documents you want on your side and that doesn’t mean you’re guaranteed a visa.

In fact, your non-immigrant visa may be given to you based on a different process than another aspiring non-immigrant traveler might go through; this is simply because people and situations vary so greatly. A younger person studying in the United States will meet different scrutiny than an elderly person seeking medical treatment. Keep in mind that you will have to submit specific documents for your visa – be prepared!

There are dozens of categories that non-immigrants can fit into, including foreign government officials and business or pleasure visitors. Because of these highly-specified categories, there are several types of non-immigrant visas. For example, media and journalists can apply for a non-immigrant visa that gives them the green light to travel to the United States, while Mexican travelers will be interested in a border crossing card. The world of visas is a big and complicated one and unfortunately you can’t navigate it all by yourself – the consular offices will make most of the decisions for you. The best thing you can do is be prepared with the right documents.

Immigrant Visas

People from all over the world immigrate to the United States and they do that with immigrant visas. Occasionally, an individual can apply for an immigrant visa on their own, but more often than not, a relative or potential employer in the United States will apply. Obviously immigrant visas are handed out in a completely different way than non-immigrant visas. The United States government, as opposed to its respective embassy, does have more of a role in the process however.

Don’t forget about student and visitor exchange programs, which make the visa application process a lot easier and more immediately legitimate.

So hopefully now you are more clear about what type of visa you will need to come to America and can stay, whether for a short or a long period of time, legally in the United States.

Making Sense of Change: U.S. Immigration Reform

Saturday, January 12th, 2008

Immigration reform is undoubtedly one of the most glaring issues the presidential candidates will wrestle over as the 2008 election approaches. But in order to go about changing U.S. immigration laws, it’s important that we as citizens precisely understand in what ways these laws can be changed.

Do you know what life is like for immigrants here in the U.S.? Do you know how people migrate here illegally? A majority of Americans believe in immigration reform, but what does that reform entail? Here’s an article covering the basics of the changes in immigration laws that are being pushed for by citizens and politicians alike.

This year, true immigration reform was halted by a congress and a president at odds with each other. But a new administration is about to take over and that means the door will soon be open for changing U.S. immigration laws once again.

Immigration increases the population and changes the cultural and ethnic makeup of America, and now because of fears of foreign terrorists, it’s become a huge source of controversy.

The main debate about immigration revolves around illegal immigrants. Should we grant amnesty to illegal immigrants in our country? Should illegal immigrants be portrayed as criminals because they are burdening American services and taking American jobs? Should we also, or instead, track down businesses who hire illegal immigrants and punish them for it? Should it be easier to immigrate to the U.S.? There has even been a movement to build a physical border separating Mexico and the United States.

More than eight million illegal immigrants are living in America right now. The main goal of changing U.S. immigrations laws is not only to protect our borders, but to yield an organized and strategic plan for coping with those who are already inside those borders illegally. While national security is always a major issue, the vast majority of illegal immigrants are simply working to support their family, just like all other Americans. This disconnect between protecting America’s defense and resources, and honoring a human being’s right to make a decent living for themselves is at the forefront of immigration reform.

While race is a conspicuous aspect of immigration, immigration reform is hardly a black and white issue. As citizens become more knowledgeable and involved about the subject, the chances that a reasonable compromise can be made will only become greater.

It seems difficult for the Average Joe to motivate radical changes in U.S. immigration laws, but the collective effort of every citizen will make a difference in legislation (and already has, to an extent). There exists a powerful cry for immigration reform and the 2008 presidential candidates have heard it loud and clear. Send a letter to your senators and representatives telling them what changes you want made in U.S. immigration laws.

Keep in mind that the enemy to immigration reform is oversimplified and/or confused debate. In order to inspire real change, we must understand the issue and accept and appreciate the deep complexities and subtleties of long-lasting effects of immigration (both good and bad).

Your Choices and the Best Schools for Business Law

Saturday, January 12th, 2008

Aspiring business lawyers in the United States often believe they should focus their efforts on being accepted into the top rated schools in the country. These schools are difficult to get into because of their success rates. Generally, the top rated business law schools have over 90% of their students complete their degrees. This may mean that these institutions are the answer for you.

The top rated educations for business law in the United States come from:

· Yale University in Connecticut

· Harvard University in Massachusetts

· Stanford University in California

· New York University in New York

· Columbia University in New York

· University of Chicago in Illinois

· University of Pennsylvania in Pennsylvania

· University of California (Berkeley) in California

· Duke University in North Carolina

· University of Virginia in Virginia

In the United States, getting into a good school for studying business law is a step in the right direction to get you off to a great start in your career. As with any other type of educational institution, these schools all have pros and cons, so your choice will be a personal one in which the attributes of one school may fit your personal circumstances best.

Whenever you must make such a major decision that will affect you and your entire career and future, you should be very careful. It is a good idea to do a lot of research before making your decision. Research into what each school has to offer will help you compare in order to find the right fit for yourself.

While attending the top rated schools does provide the hope of higher success in any field, it certainly does not guarantee such a thing. There are many professionals who have attended top notch educational facilities and have only had mediocre success in the business world while others have attended smaller, less famous schools and risen to the top of their professions.

The combination of personal initiative and drive along with good schooling may be the ideal mix for a successful future in the business law profession. Unfortunately, many people may lack the financial resources to attend one of the top schools and must make the most of the education they do get. Working in the field, continuing education and volunteer work in related areas can often provide excellent opportunities that even a great school name on your diploma might bring.

The bottom line is that you must have a dedication to your chosen profession and the willingness to get your education to get you where you are going. If you aspire to attend the top schools, then you should do everything you can to get there and make good use of your education there. If you have to use a different route for your education, do that and make sure you take advantage of all the other opportunities you can find for the advancement of your business law career.

Business law is a huge industry in the United States and it is continuing to grow. If your chosen profession is in this area, get the best education you can and get at it!

Recent Change in U.S. Labor Law is Major

Saturday, January 12th, 2008

The most talked about change in employment law in the United States this year is the increase of the minimum wage. While this change will not take effect until July of 2008, it is deemed to be one of the most significant changes to take place for many years.

The minimum amount that can be paid out to an employee for their work in this country is currently $5.85. This amount is set to increase to $6.55 next year with this new law and then again up to $7.25 in 2009. The exception to this rule is the pay employers can pay to workers who receive tips. Employers will still be responsible to ensure that tipped employees receive at least the new minimum wage between their tips and their hourly rate.

The U.S. minimum wage is governed by federal labor law and has not been increased for years. The minimum wage for workers in other developed countries has been significantly higher for years. Poverty activists in America and around the world have taken issue with the low level of the minimum wage here for quite some time.

An employee in the United States who works for minimum wage at a job for forty hours a week will bring home a gross amount of $262 per week at the new rate. Of course, from that grand total of $262, federal and state taxes as well as other required deductions reduce that amount somewhat.

Other developed countries have increased their minimum wages well beyond that of the United States. It is thought throughout much of the world that the United States has not taken strong enough steps towards equitable pay and minimum wage levels and that what many Americans see as pro-business laws are in fact pro-poverty for it’s citizens.

Anti poverty groups are still pushing for U.S. labor laws to increase the minimum wage even more and will continue to do so despite the recent increase. The rising numbers of homeless people and others living below or at the poverty level in America is unacceptable to most groups of people. That is what makes this issue one that will continue to be discussed into the future.

Whether the recent labor law announcement is seen as helpful to those trying to earn a living on minimum wage is up for debate. Whether the increase is seen as harmful to business is also up for debate. There are still many who believe that helping businesses succeed helps all levels of our society succeed. There are the proponents of higher wages who believe that helping individuals succeed will in turn help businesses succeed.

The United States labor and employment laws will continue to be challenged over many issues. One will be the level of the minimum wage despite this year’s announcement for impending increases. This will be an issue that does not go away because it appears to take such a long time for any kind of changes to take place.

Likelihood of Law Suits Stronger in Some Business Sectors

Saturday, January 12th, 2008

While it does seem like we now live in a sue-happy country with lawsuits being filed for everything from dry cleaning issues to pension scandals, there are certainly some sectors of business that see more legal suits than others.

Service sector businesses encounter law suits on a fairly regular basis. Many of these suits are for fairly trivial things in this impatient society of ours and others are over huge amounts of money caused by loss of business and faulty workmanship. Most businesses do carry liability insurance that can protect them from such claims, but this insurance is pricey and does not provide compensation for all types of lawsuits. Any time a business provides service to the general public or to other businesses, they must unfortunately, accept a certain degree of risk of being sued, whether it is a just lawsuit or not.

Physicians, surgeons and others in the medical field are especially susceptible to being sued in this current society’s’ way of thinking. Malpractice suites are a huge business for lawyers now and the suits simply keep on increasing. These professionals carry malpractice insurance as a matter of course, but this insurance is almost prohibitively expensive for many doctors. In fact, the exorbitant fees charged by physicians and specialists are often due to the fact that their malpractice insurance is so costly and must be passed on in their fees to you.

Another large source for business law suits is in the case of injury. Personal injury lawyers are in constant demand to help individuals pursue their lawsuits once they have been injured. Those injured in the workplace, in car accidents or just from tripping on a crack usually find it necessary to hire a lawyer to sue someone on their behalf whether the incident was an “accident” or not. Any business, employer or property owner can be the recipient of a personal injury suit filed by some disgruntled person who feels they should be made to pay.

Damage to property is another top ranked reason for pursuing a law suit. People who have had their property or vehicle damaged by another person often have no other recourse but a lawsuit to settle these matters and get their property repaired or replaced. Insurance often does not cover enough of the expenses to make the lawsuit unnecessary.

Basically, any person or business that deals in contracts of any sort may find themselves at the end of a lawsuit at some point. Contracts are meant to clarify business arrangements, sales and other agreements. Unfortunately, they often cause misunderstanding due to misinterpretation and unintentional breach of contract. Lawsuits address such problems but can be expensive and in many cases are pricier than a simple settlement between the contract signatories would have been. Again, these cases do, however create a lot of work for business lawyers.

While these are the top reasons for lawsuits, there are many, many more and most types are sadly only increasing.

Labor Rights Then and Now are a Different Picture

Saturday, January 12th, 2008

Labor law has changed a lot over the last few decades. This makes the current workplace a much more worker friendly environment for everyone.

One such change has been the minimum wage that can be paid for any kind of work in the United States. While it did take a long time for this rate to be changed, it finally has been. While inflation has gone up and interest rates for loans have changed, the minimum wage for workers remained the same for years. Minimum wage for work is governed by the federal government.

Another law that has come about only in recent decades is in the matter of sexual harassment. Prior to government regulations that prohibited it, inappropriate touching, sexual innuendo and remarks as well as physical demands were common place in the workplace. During the 70’s and 80’s especially, women’s groups lobbied for government laws to prohibit this kind of behavior. Of course, enforcing these changes was a challenge at first but it is commonplace now for such behaviors to be reported to authorities. Most employers now encourage their employees to report any kind of impropriety.

The fact is that as our society develops and becomes aware of issues, our laws often change to reflect our widening views on how we should behave. These changes sometimes come about slowly and other times they become a part of our laws rather quickly. This sometimes has to do with a societal acceptance of what is right and wrong. Other times it has a lot to do with smaller groups who take on the responsibility of making the rest of society aware of a problematic issue.

Another issue that has been dealt with in the legal arena and become a part of our laws is the matter of discrimination in the work place. At one time it was commonplace for someone applying for a job to be at the mercy of bosses hiring based on sex, race, religion or simply their own personal preferences. This was another major change in American law that took time. It is no longer acceptable for hiring practices to include these kinds of discrimination and most employers would simply never consider hiring that way. The labor laws of the United States ensure that these rights are in place for workers now and the numbers of law suits that involve this kind of suit were reduced once it became the acceptable norm in the workplace.

American justice and labor laws have certainly changed over the years. Most people feel that these changes were a positive step and that equitable labor laws only improve the legal landscape of this country. While there will always be new issues to be dealt with by society and in turn the justice system, these labor laws can stand as an example that our laws do evolve and change as our society becomes more and more aware of inequities within our way of life.

Possibility of Major Changes in Sight for U.S. Labor Laws

Saturday, January 12th, 2008

The issue of unfairly low wages for women workers is certainly not a new issue in the United States (and indeed in the rest of the world). This year there was a case that hit the U.S. Supreme Court with regard to this issue once more.

Goodyear was accused of discrimination of a female employee because her wages were lower than those of her male co-workers. This is not a new scenario by any means and unfortunately, due to the complicated ins and outs of the U.S. legal system, no relief was found for the plaintiff in this case.

The court decision here focused on the timing of the issue. Way back in 1964, the Civil Rights Act addressed such matters as discriminatory pay. It said however that a plaintiff must file charges within 180 days of a decision that showed discrimination. The woman in this year’s case had already been employed by Goodyear for quite some time and so, the 180 day limit was in effect.

Even though it was argued that the decision by Goodyear each and every payday to pay this woman less than her male counterparts was a new “discriminatory decision”, the U.S. Supreme Court decided that it was not so.

This case illuminates the sorely overdue need for changes to U.S. labor laws that continue to allow for discrimination to occur in the workplace. Women’s groups and equal rights activists have been highlighting these examples for years and years but the fact remains that we still indeed live in a country that believes it is okay to pay one worker less for the exact same work than another worker.

Labor laws and equal rights issues such as these will continue to be challenged on the legal level in any way that plaintiffs and activists can find in order to keep the matters in view of the American people. Most people know that it is completely unfair to pay workers differently based on their sex, their race or other factor that does not affect their work.

Because of the 1964 Civil Rights Act, many labor issues were addressed and changed over the years since. While many remain unfinished and still in the process of moving ahead (such as this Goodyear case) some 43 years after they were addressed by this Act, the United States Supreme Court will be forced to deal with every aspect of each and every challenge until such discrimination is once and for all wiped from our landscape.

While the U.S. legal system is continually bogged down by personal injury suits and frivolous claims for millions of dollars for a pair of dry cleaned pants, major issues such as equal pay for equal work remain as unfinished business. There are major changes on the horizon in labor law within the United States. The question is, how far away is that horizon?

U.S. Labor Law and Labor Unions

Saturday, January 12th, 2008

Labor laws and the rights of workers largely developed in the United States after the industrial revolution was well underway. At that time, there was a huge need for workers at that time. Machines were being built which required huge amounts of raw materials. Such materials came largely from mining.

While this did mean that there was low unemployment back then, the conditions that most workers dealt with on a daily basis were very poor. There were few if any real labor laws and businesses wanted every ounce of work they could get out of every penny they paid out in wages (which were very low). At that time the profits of big business was most certainly on the backs of laborers who often risked their lives on a daily basis just to earn a living.

When the first workers organized into groups to demand better working conditions, they were often dismissed as ineffective. Slowly, more and more workers began to back the groups who were making their voices heard about unfit work conditions. Eventually, strikes were organized in order to bring the message clearly to the management and some of the worst work conditions were improved somewhat.

Many of the labor laws in America today would not be in existence were it not for these workers so long ago. Labor unions that were once merely though of as disruptive and anti-business made headway and made their causes known to the public as much as they could. They became more and more organized because it was very difficult for individuals to seek better conditions on their own. As a group, workers could affect changes to their work conditions and ensure that some safety precautions became safety standards in the work place. These groups made management understand for the first time that they were responsible for the lives of their workers and that they were being watched.

Today, labor unions have quite a different face. Many people see them almost as playground bullies in the work world of today. Because the government now has taken on the responsibilities of ensuring that workplace standards for safety are met by all industries, some argue that there is no place for labor unions in today’s business world. The government has labor laws now that regulate the length of working days, minimum wages, and work conditions.

While labor unions most certainly served a purpose back in the day that our country was developing, there is questionable value in them now. They certainly play a part in pay negotiations for many industries such as vehicle manufacturing and many industrial enterprises, they are often thought to simply be holding their power over management and the general public in order to maintain their hold on the worker who is obliged to pay their union fees whether they want to or not. Perhaps labor unions only exist now because they were so important to us early on and we haven’t figured out how to get rid of them.

Varying State Regulations Create Business Friendly Regions

Saturday, January 12th, 2008

There are always factors that make one community or state more attractive to the business world than other places. For some businesses that require large numbers of workers, a state with high unemployment might seem attractive. For some kinds of existing businesses, a state that offers incentives for relocating there might seem like the best place to go.

The regulatory climate of each state is something that every business must consider when they decide where to locate. Regulations are extremely varied between the states, so some research is certainly in order when deciding on the best location and business climate.

In analyzing the differences between the regulatory climates of each state, such factors as transportation, state bond ratings, business incentives and state business law and regulations are all taken into consideration.

A recent analysis by Forbes Magazine listed Rhode Island, Michigan and Montana as those with the least attractive states for business with regard to the regulatory climate. Of course, this is only one factor among many to consider when thinking of where you should do business. Some businesses must rely on certain raw materials that are only available in some regions. A regulatory climate that is unattractive may have little effect on such a business if that is where their raw materials are found. Transportation of these raw materials may well be prohibitive to a more “friendly” regulatory climate.

This list by Forbes Magazine also states that the most “friendly” regulatory climates to be found for business in the United States are in Virginia, Texas and North Carolina. Again, this must be put into perspective. While this factor might entice some businesses to look at those states, there are always other aspects to consider. A good example is North Carolina. This list shows it on top in the area of regulatory issues but this state comes in 30th for economic climate. While you may find regulations a breeze, there may not be the economy there to sustain your type of business into the future.

Every business is different. There are certain challenges one business may face that another never will. Obtaining raw materials, hiring a work force, legal matters that may vary from one state to another, costs of doing business are just some of them. The regulatory climate of any region is one of the considerations to be looked at. Some businesses are much more highly regulated than others are just by their nature. A business dealing with explosives is obviously going to have more state and national regulations on it than a simple retail outlet will have.

The key to finding the best environment for a business is a mix of all the factors. Some highly regulated businesses may well find the less involved regulatory climate of some states more attractive than other states. It should also be kept in mind that any business may not be less liable in the eyes of the law simply because the local state regulations are more lax than other states are.