Everything You Need To Know About Qualifying for the B-1 Business Visitor Visa

B-1 Visa

How to Qualify for a B-1 Visa?

A B-1 Visa is meant for those who need to travel to the U.S. to partake in various business-related events, such as attending a professional function, signing an important contract, settling an estate, or having an in-person meeting with their business partners or colleagues.

If this sounds like the type of visa you need, then you’ve come to the right place. But before you can apply for your B-1 Visa, you must make sure you qualify.

In order to qualify for a B-1 Visa, you must:

– Be traveling to the U.S. solely for business purposes (this isn’t called a Business Visitor Visa for no reason!) Your business engagements while in the U.S. can include the conducting of research needed for you to open a business in the U.S., but by no means should any of the research or business-related work you are doing give off the appearance that you are employed in the U.S.

– Not be receiving a salary from any U.S. business (as we mentioned above – it’s not allowed!)

– Be coming to the U.S. for only a short period of time. Even though you can stay in the U.S. on a B-1 Visa for a maximum of 6 months, the actual length of your B-1 Visa will be determined by the specific demands of your visit.

– Be able to show that you have sufficient funds to cover your expenses while in the U.S.

Side note: If you are coming to the U.S. on a B-1 Visa to acquire funds needed for a U.S. business, you should not remain in the U.S. after you have acquired your funds – unless you change your visa status. If you have any questions about if, when, or how you should change your visa status, please give us a call at (305) 921-0440 and we’d be happy to help you.

It’s important to note that if your country of residence falls under the category of “visa waiver countries,” you may not need to apply for a B-1 Visa as long as your business visit to the U.S. will be for no longer than 90 days. If you are from a visa waiver country, then you are excused from the standard visa requirements. There are 38 countries that are considered visa waiver countries, and the citizens of these countries may enter the U.S. under the ESTA program. To find out if your country is one of the 38, visit this website.

If your country of residence is one of the 38 and your travel time in the U.S. will be 90 days or less, then you are eligible to enter the U.S. under the ESTA program.

To apply for an ESTA, you must:

– Have a valid passport from a visa waiver country

– Be prepared to pay the $14 USD application fee via your VISA, MasterCard, American Express, or Discover card, or your PayPal account.

– Provide your contact information

If you have any questions about B-1 Business Visitor Visas or any other kind of visa, please contact us at Jurado & Farshchian, P.L. via email at info@jflawfirm.com or by phone at (305) 921-0440.

The post Everything You Need To Know About Qualifying for the B-1 Business Visitor Visa appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Building a Home? Here’s What You Should Know About the Construction Contract

Learn About Construction Contract

Before the first board is nailed in the home you are building, you need to be sure you have built in some protection for yourself by executing a construction contract. It is likely that your contractor has already furnished you with a contract ready for you to sign, but don’t do it without understanding everything in it and running it by your attorney first.

Better yet, engage an attorney upfront to create the contract that will dictate your relationship with the contractor, including:

Scope of work. This is where you define all the work that the contractor will be doing, including obtaining permits, labor, equipment, materials and any other services that are required to complete the home build. This provision should also specify that the contractor is to perform the work according to the drawings and specifications for the home. These should be attached to the contract as well. There should also be language that states the contractor must perform the work in accordance with all applicable laws, regulations and codes.

Timing. You want to protect yourself against a project going well beyond its originally scheduled deadline. The contract should specify when the work will begin, the building schedule, and an end date. There should be extensions granted for events like weather, changes in scope of work, payment delays caused by the buyer and other events outside the builder’s control.

Payment. This section dictates how and when you will make payments to the contractor. Most builders rely on scheduled payments to fund the construction, so the schedule should be timed with building phases and the contractor should be asked to submit payment requests that show what work will be completed during each phase. In addition, the contractor should submit signed mechanic’s lien releases or waivers from subcontractors to assure you that the subcontractors have been paid and released any interest in your property.

Changes. It is not unusual for the scope of work to change during construction, so the contract should call for written work orders that reflect every change in the scope of work.

Warranty. Once you move in, you may find some construction defects that you should expect your contractor to fix within a certain period of time. Many contracts include express warranties that cover this.

Dispute resolution. Usually, construction contracts require binding arbitration rather than litigation if there is a dispute. Be sure you understand your rights under arbitration and don’t sign away your rights to sue without consulting your attorney.

Jurado & Farshchian, P.L. assists buyers and sellers who are in the process of buying, constructing, or selling their home. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

The post Building a Home? Here’s What You Should Know About the Construction Contract appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

6 Things Realtors Need to Know About Listing Agreements

Having a listing agreement with a seller is a must when doing business as a real estate agent, since ensures that the agent is properly compensated for his or her efforts in marketing the seller’s property. This process will hopefully result in providing the seller with the highest price for their home at the most advantageous terms.

However, there are five things Realtors should be aware of when it comes to listing agreements:

1. According to Florida law, listing agreements must include a termination date.
2. Listing agreements cannot include an automatic renewal clause.
3. You should agree with the seller on an end date for the listing agreement with an understanding that the date can be extended or modified.
4. You will still be entitled to your commission if the closing occurs after the termination date if you use a Florida Realtors’ listing agreement. This agreement includes a clause that extends the agreement through the closing, and covers you as well as any other agent involved in the transaction.
5. You can build in protection for your commission in case a buyer who toured the property while it was in effect buys the property after the termination date on the listing agreement. The Florida Realtors’ listing agreement includes a protection period provision that enables you to specify the number of days to cover your commission in case a prospect buys after the termination date.
6. If the seller had a previous listing agreement with another firm, be sure that this agreement has terminated and is not renewable before executing your own listing agreement with the seller.

Jurado & Farshchian, P.L. assists real estate agents with their transactions to make sure they are properly protected and compensated. Please call one of our experienced real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com today.

The post 6 Things Realtors Need to Know About Listing Agreements appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Legal Tips to Help Your Business Succeed

Legal Tips to Help Your Business Succeed With Attorney Romy Jurado

Legal Tips

Often times my clients ask what they can do to ensure that their companies start off on the right path in order to prosper for years to come. As a full spectrum business attorney, I like to become intimately familiar with my clients business in order to advise them as best as possible. My advice often extends past legal tips and counseling and encompasses good business practices that all businesses should observe. I have compiled a brief list of some of the most common tidbits of advice I have given out over the years below. This is by no means an exhaustive list and I urge you to contact a competent attorney in your area for assistance should you feel the need for it.

Keep Business and Pleasure Separate

In this day and age, with the advent of widespread technological advancements comes the ability to search numerous resources and databases with the click of a button. In turn, what was once private information, such as email addresses and cellular phone numbers, has turned into readily accessible information. When you are establishing your business, ensure that you limit your companies’ transparency and keep your personal information private. The last thing you want to worry about is having customers, suppliers, or anyone else contacting you at inappropriate times for inappropriate reasons. Have a dedicated office line, set up a dedicated email address, and if at all possible, do not incorporate your business under you home address. You have nothing to hide but everything to protect in order for your business to succeed.

Consider the End Right From the Start

No employer wants to lose an employee due to the burden associated with replacing an individual that has already been trained and contributing to the business. Many business owners fail to consider the other downfalls of an employee’s termination, such as divulgement of confidential information or trade secrets. Unfortunately, employee termination is bound to happen to almost any business. As such, it is better to prepare for employee turnover at the onset of the hiring process rather than be caught off guard when it does occur. Companies should incorporate protective clauses and restrictive covenants in their confidentiality agreements, non-compete agreements as well as other employment contracts. In doing so, companies can save considerable time and money protecting what is rightfully theirs- be it trade secrets, vendor/vendee relationships, work product, or likewise.

Plan for the End

On a similar note, businesses with multiple partners should consider utilizing a buy-sell agreement from the get go.  In the event a dispute should arise over the sale of the business where one party is not interested in selling, or should a partner die during the course of business operations, a buy-sell agreement will proscribe the procedure to be taken. By establishing such an agreement early on, business partners can hash out the details with cool heads rather than during heated arguments or uncomfortable circumstances.

Know What You Are Getting Yourself Into

Entrepreneurship, invention, and ingenuity is what makes this country go round. Nothing makes me happier than to see one of my clients develop a product, strategy, or business and watch it succeed under my advisement. In the same vain, there is nothing that upsets me more than seeing a well thought-out product, service, or business fall apart because of a lack of due-diligence. In every industry, there are numerous rules and regulations established by different agencies within the government to protect society at large. Although regulations set by different agencies may coalesce with one another, many times they are directly in conflict with one another. It is your duty as a business owner to be mindful of any and all regulations pertaining to your business or else face the potential for fines and costly litigation. Regulatory compliance is crucial for a businesses’ success and should not be taken lightly. I urge any business owner who is not confident in their compliance structure to seek legal tips and advice.

Hire an Attorney You Can Trust

The way I choose the people I surround myself with is to ask myself would I want that person- be it a business partner, client, or anyone else for that matter- over for dinner and to play with my fur babies. As a business owner, choosing an attorney should be no different. If you would not feel comfortable inviting your attorney over, chances are you do not want them representing your business. Beyond their qualifications, you should feel comfortable and trustworthy of not only the advice they provide to you but the person that they are. Trust is the cornerstone of a successful business, and I stride to earn and keep all of my clients’ trust. It is imperative that your attorney does the same in order for your business to succeed.

Have Questions? We Have Answers!

• Name*
  First Last
• Email*
• Describe Your Question*
• Email
  This field is for validation purposes and should be left unchanged.

The post Legal Tips to Help Your Business Succeed appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Non-Disclosure Agreements

Non-Disclosure Agreement

Confidentiality Agreement (CA) /Non-Disclosure Agreement (NDA)

Non-disclosure agreements are contracts drafted to let parties (businesses and/or individuals) interact with each other without fear of confidential information being compromised. Besides NDAs and CAs, non-disclosure agreements are also referred to as proprietary information agreements (PIA).

Types of Agreements

There are two types of NDAs; mutual and unilateral. Mutual NDAs bind both parties to protect both side’s confidential information, whereas, unilateral NDAs bind only one party, protecting the confidential information divulged by the other. In both cases, the party that shares confidential information is known as the disclosing party and the party that receives confidential information is known as the receiving party.

Factors to Consider in Forming a Non-Disclosure Agreement

A number of factors should be considered when drafting or reviewing a non-disclosure or confidentiality agreement. The factors depend on your standpoint within the agreement and whether you’re receiving or disclosing confidential information. The following list of factors should be considered at length.

The Necessity for a Non-Disclosure Agreement

Entering into a non-disclosure agreement will increase the risk that the recipient could face allegations of trade secret misappropriation. Allegations may be brought about in the event a recipient develops comparable information in the future or unintentionally uses or discloses the information.

Mutual versus unilateral agreements

Some non-disclosure agreements just cover disclosure of confidential information by one specific party. Others are considered mutual and deal with disclosures by both parties. In general, mutual agreements are less likely to include conditions that are one sided.

Non-disclosure and/or non-use restrictions

There are two critical restrictions in a non-disclosure agreement. First, the non-disclosure stipulation prevents the recipient from disclosing confidential information to any third parties. Second, the non-use stipulation prevents the recipient from using the confidential information for anything other than a specified purpose. In some cases, an NDA may not need a non-use provision which would allow the receiver to use the information for specific purposes so long as they do not disclose the confidential information.

Classification of confidential information

The discloser will want a broad definition of confidential information and may also want third party information to be deemed confidential. The receiver will want to narrow the definition of confidential information in order to avoid being compromised by the information. The distinction can be narrowed by limiting it to classified information that is disclosed in writing, specifically tagging the information as confidential, pinpointing the information that is considered confidential, or specifying the dates in which information was disclosed. In most cases, the discloser will want to avoid some of the restrictions because of the possibility of accidental disclosure or excessively marking information as confidential. Both actions have the potential of hindering the ability to enforce the non-disclosure agreement with respects to legitimate trade secrets.

Confidential information exceptions

The recipient will prefer broad exceptions to the classification of confidential information along with the typical exceptions, including: publicly known information( if it is in the public domain prior to disclosure, the information is publicly known and already generally available following the disclosure through no inaction or action of the recipient), information that is already in the possession of the recipient without confidentiality restrictions, any information obtained by the receiver from a third party without acquiring it through a breach of confidentiality, and any information independently formulated by the recipient. The discloser will attempt to restrict the exceptions and/or add qualifiers that may require the discloser to prove the exception with coinciding written records. Note- the standard exception for information required to be divulged by law needs to be an exception to the obligation of nondisclosure. In contrast, an exception from the characterization of confidential information allows the recipient to disclose the confidential information to anyone.

Residual information

As the recipient, it is important to include a clause that permits the recipient to utilize the discloser’s information which has been retained in their memory. The recipient should also avoid being negatively affected by obtaining the information which is frequently rejected by the discloser. If a residuals clause is incorporated, the discloser will more than likely try to limit it to the use of general knowledge and skills, confidential information retained in the memory of their employees after a specific amount of time, and clearly noting that the discloser is not granting a license to the recipient.

Limited/Permitted disclosures

The discloser will prefer to limit disclosures to contractors and employees, along with comparable non-disclosure obligations. In addition, if disclosure is a legal requirement, the discloser should have the recipient inform the discloser in advance and provide them with the opportunity to get a protective order, or in some other fashion preserve the confidentiality of the  information.

Term

The non-disclosure agreement will usually specify the duration of the obligation to protect confidential information along with the time frame to which the agreement applies to information that has been previously disclosed.

Relationship of the Parties

Because non-disclosure agreements are typically signed between parties in the exploratory stage of their business relationship, NDAs usually contain language that clarifies the fact that NDA doesn’t oblige the two parties to present intellectual property rights, do business together, or create a relationship between parties.

Contact Us Today!

For more details on Non-disclosure agreements or confidentiality agreements, feel free to call us at 305-921-0440 or send us an email to Romy@JFLawFirm.com

The post Non-Disclosure Agreements appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Succession Planning for the Family Business

One of the primary reasons that family-owned businesses seldom survive past the second generation is the lack of formal succession planning. Even if retirement is on a distant horizon, a business succession plan is beneficial for most companies and can become absolutely essential to protect the business from the owners’ death, disability, divorce and other common occurrences.

Here are some tips on how to properly identify a successor for a family-owned business:

1. Begin planning early to ensure management continuity and maintain the value already built up in the business.
2. Identify one or more individuals who have a passion for the business, and don’t base the decision solely on family relationships.
3. Make the decision on a successor early enough to enable the business owner to transition the takeover slowly and to train the successor properly.
4. Get a valuation of the business. Due to the unsure economy, many small businesses have trouble getting access to outside capital, making it difficult to diversify ownership.
5. Get help from an attorney who specializes in small business law and estate planning to be sure you understand the tax implications of agreements commonly used in business succession planning.

Having a business succession plan ensures a smooth transition and increases the odds that your family business will survive beyond your leadership. A business succession plan can also help you minimize tax obligations as well as help make provisions for the current generation’s retirement from the business without adversely affecting the company’s financial stability.

Business owners that desire a smooth transition and equitable transition for their business interests should seek a qualified, competent advisor for assistance.   Contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post Succession Planning for the Family Business appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

4 Lethal Legal Lapses That Can Harm Your Small Business

Small businesses dominate the American business landscape, but those that survive several generations are relatively rare. If you are a small business owner, you need to be sure you are not committing any of these four lethal legal lapses:

1. Mixing personal and business finances. If your small business started as a hobby or a sideline but has grown to a point where it is your main source of income, you need to consider forming a legal entity for it, like a corporation or limited liability company (LLC). Most small business owners choose an LLC for the personal liability protection it provides without the formalities of a corporation. An LLC also makes it easier for you to transition the business to other partners or future generations and, since it is taxed as a pass-through entity, profits are not taxed separately but instead flow through to the owner.
2. No employment agreements. Employment agreements should be used to spell out expectations, especially in family-owned businesses that may have been funded by one or more family members who expect reimbursement or those who expect a job at the family firm based on nothing more than familial relationship.
3. Failure to obtain proper licenses. Most businesses are required to have local, state or federal licenses to operate, with fines assessed for those that fail to get these licenses. They are generally inexpensive, but are often overlooked. Check with your city or county offices to see if your business requires a license to operate.
4. No succession plan. If your business has no formal legal entity, it will pass when you do. Many small businesses fail to last through the first generation due to the lack of a succession plan. Consult with an experienced business lawyer about creating a succession plan for your small business so the value you have built over the years is protected after you are gone.

Jurado & Farshchian, P.L. assists small businesses with all their transactions and questions. Please call one of our experienced business attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post 4 Lethal Legal Lapses That Can Harm Your Small Business appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

How Small Business Owners Can Fund a Buy-Sell Agreement

If you are a small business owner and have business partners or shareholders, then you need to be prepared for what would happen if one of you passed away. It is important to have this sorted out before something happens, as it can determine how your estate — and the estates of those still living and deceased – will be affected.

With a buy-sell agreement, you can specify certain triggering events-like death, retirement, disability or even divorce-that will govern the purchase or distribution of your ownership shares to partners or beneficiaries. A buy-sell agreement accomplishes three critical tasks:

1. Provides a way to value shares.
2. Ensures the shares are sold in a manner approved by other partners or heirs.
3. Details the process for selling the business outright.

For the buying and selling of shares after a partner is deceased, the best type of funding according to many analysts is life insurance. You’ll need to have current financials and other details to present to your business attorney in order to set up a life insurance plan that covers buy-sell agreements, but taking the trouble to plan now can save you plenty later.

For example, if one business partner dies and there are two others remaining, those two will want to have the ability to buy out the decedent’s share of the company from his or her estate without having to tap into company coffers. This can all be best — and most inexpensively — handled via life insurance that is tailored specifically to your estate as a small business owner.

The time to plan for and execute a buy-sell agreement is before you ever need it. A qualified Florida business attorney can help you plan for potential issues well beyond the obvious and craft a buy-sell agreement that meets the needs of all current and potential future owners.

To help ensure the survival of your business, contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post How Small Business Owners Can Fund a Buy-Sell Agreement appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Business Owners Need to Follow the Rules to Protect Personal Assets

The shaky economy and mass corporate layoffs of the past several years have led thousands of Americans to start their own businesses. Business owners who have structured their business as a corporation or a limited liability company (LLC) need to follow these legal formalities or risk opening yourself to personal liability if a lawsuit is ever filed against your company.

One of the main reasons to incorporate or form an LLC is to protect personal assets; if your corporation or LLC does not observe the legal formalities that rule the governance of your company, you muddy the legal waters between personal and business assets.

A business attorney can assist business owners with the right corporate structure for their business and ensure you are following the legal requirements for each, including executing a Corporate Shareholder Agreement or LLC Operating Agreement, keeping meticulous records on corporate meetings, drafting by-laws and resolutions, and more.

When a corporation or LLC is not managed under the proper formalities, a court may find business owners in breach of their fiduciary duties since the court would be unable to ascertain if the corporation or LLC is truly separate from the owner and his or her personal assets. If a court finds that the business is not separate – known as “piercing the corporate ceil” – the business owner will not be protected from liability or creditors of the company. In that case, a business owner’s personal and business assets could be seized in a lawsuit.

The best way for you as a business owner to protect personal assets is to consult with an experienced business lawyer to assist with the development of the appropriate documents and by observing the correct corporate formalities for your business.

We help business owners avoid costly legal disputes by helping them protect their personal property and avoiding litigation. Contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

The post Business Owners Need to Follow the Rules to Protect Personal Assets appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Mistakes to Avoid When Selling Your Business

Mistakes to Avoid When Selling Your Business

Baby boomers are the most entrepreneurial generation, with much of their personal wealth tied up in the businesses they own. This makes it more important than ever for boomers to undertake some business estate planning for when it’s time to transition into retirement.

Experts caution business owners to avoid these common mistakes when making preparations for selling your business:

Owner dependency. Buyers for your business can become nervous if much of the business’ success is tied to its owner. If you delegate responsibility evenly among company managers it will be easier to transition the business to new ownership when the time comes to retire.

Not planning ahead. If you plan on selling your business within the next 5-10 years may want to consider selling sooner at a lower valuation, which will help avoid a bigger gift tax bite.

Unrealistic valuation. Placing a valuation on the business that is too high may torpedo your retirement plans. If the eventual sale does not get you what you need for a comfortable retirement, you will need to adjust your plans or find a way to increase your retirement income.

Focusing only on the money. While it is natural for business owners to want to get as much money as possible when selling your business, focusing only on the money can be a mistake. Consider all factors of an offer, including how the buyer plans to finance the purchase.

Hiring a family member to do the deal. Family members often come with their own baggage, so don’t tie your deal up by hiring a relative. Instead, conduct a thorough search by interviewing several law firms and asking about their negotiation strategy, time to close and how they would recommend structuring the deal for family members who plan to stay involved.

Not planning your exit strategy. A business attorney can not only help with creating a succession plan for your business, but can also assist with your personal retirement planning, helping to ensure a smooth transition.

Business owners that seek protection for their business interests should seek a qualified, competent advisor for assistance.   Contact one of the experienced Florida business attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post Mistakes to Avoid When Selling Your Business appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

J-1 Visa for Researchers and Professors

The J-1 visa allows foreign nationals who want to lecture, teach or perform research in the U.S. to do so for up to five years as “exchange visitors.” To be eligible for a J-1 visa, you must have a sponsor organization — usually the company or educational institution that will be employing you in the U.S. Sponsor organizations are designated by the U.S. government and after you have accepted employment at a sponsor organization, they will work with you to help you obtain your J-1 visa and maintain your J-1 status.

To be eligible for a J-1 visa as a professor or researcher, you must:

• Be able to speak English well enough to work at your particular job;
• Have the financial means to support yourself (and your spouse or children if they are coming with you) while you are in the U.S.; and
• Have medical insurance while you are in the U.S.

Applying for a J-1 Visa

Your sponsor organization will provide you with a Form DS-2019 certifying your eligibility for a J-1 researcher or professor visa. You will then need to fill out a J-1 visa application — Form DS-160 — to receive your actual visa. You may want to consult with an immigration lawyer rather than attempting to do this on your own.

After filing your visa application and paying the required fees, you will then need to schedule an appointment for an interview at the U.S. consulate in your home country. Residents of Canada are exempt from this interview. A few days prior to the interview, you will be asked to pay a SEVIS fee to the U.S. Department of Homeland Security unless your sponsor organization has already paid it as part of your program fees.

At your interview, you will need to provide all the supporting documentation for your J-1 visa application, including the DS-2019 form. You will be asked questions about your eligibility and will be subject to security background checks as well.

If you are married, your spouse and any unmarried children under the age of 21 can come with you by applying for a J-2 visa. Each family member will be provided with a separate DS-2019 form from your sponsor organization. Children can attend school in the U.S. on a J-2 visa without having to apply for a student visa. Family members may also work but their income must be used to support themselves and cannot be used to support you during your stay in the U.S.

The attorneys at Jurado & Farshchian, P.L. can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post J-1 Visa for Researchers and Professors appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Transfer Top Talent to the U.S. via the L-1 Visa

U.S. companies seeking to transfer top talent to the U.S. typically do so through the L-1 visa program. A key benefit of the L-1 visa is that it is a “dual intent” visa, meaning that an employee can simultaneously pursue permanent residency in the U.S. without having the intent to return to his or her home country.

There are two categories of L-1 visa: L-1A Manager/Executive and L-1B Specialized Knowledge. To qualify for either category, you must have been employed by a non-U.S. company for at least one continuous year out of the past three years. The U.S. company where you will be working must be either the parent company, branch, subsidiary, affiliate or joint venture partner of the non-U.S. company.

L-1A Visa Qualifications

To qualify as an executive, you must:

• Direct the management of the company or a major division of the company;
• Determine the policies and goals of the company or a major division of the company;
• Have broad discretionary decision-making authority;
• Be supervised only by executives at a higher level, a Board of Directors or shareholders.

To qualify as a manager, you must:

• Manage the entire company or a subdivision, department or function of the company;
• Supervise and control the work of other supervisors or professionals, or manage a department, function or subdivision;
• Have decision-making authority over hiring and firing employees;
• Have decision-making authority over the daily operations of a department, subdivision or function.

Documents supporting the petition should include organizational charts and detailed job descriptions for the U.S. and foreign positions as well as background information on subordinates to show there is sufficient staff to support the executive/manager.

L-1B Visa Qualifications

To qualify as an employee with specialized knowledge, you must:

• Possess an in-depth understanding of the company and its products, services, processes and procedures that is not readily available in the U.S.;
• Possess truly specialized knowledge that is not widely held in the company’s industry.

Documents supporting the L-1B petition should include documentation on how the applicant gained the specialized knowledge (education and training records, certificates, etc.), detailed job descriptions for the U.S. and foreign positions, letters from senior management on the importance of having this knowledge in the U.S. and the impact to the business if the applicant is not allowed to fill the U.S. role.

The North Miami attorneys at Jurado & Farshchian, P.L. are experienced professionals who can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

 

 

 Share

The post Transfer Top Talent to the U.S. via the L-1 Visa appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

How Foreign Nationals Can Obtain an F-1 Visa to Study in the U.S.

Foreign nationals interested in attending a U.S. educational institution are required to obtain an F-1 visa, a nonimmigrant visa that is also known as a “student visa.” These visas are available only for full-time students who plan to study at an accredited university, college, seminary, conservatory, high school, elementary school, vocational school or who are enrolled in a language-training program.

The requirements for an F-1 visa include:

• Enrollment in an “academic” educational program, a language-training program, or a vocational program.
• The educational institution must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement.
• Enrollment as a full-time student at the institution.
• Proficiency in English or enrollment in courses leading to English proficiency.
• Have sufficient funds available for self-support during the entire proposed course of study.
• Maintenance of a residence abroad where the student will return upon completion of his/her studies.

F-1 visa applicants typically apply at a U.S. Embassy or Consulate in their home country, although you can apply at any U.S. consular office abroad. All applicants are required to submit a completed Form DS-160. Male students aged 16-45 are also required to submit a Form DS-157. All applicants must also have a passport that is valid for travel to the U.S. for at least six months beyond their intended period of stay.

In addition, F-1 visa applicants must participate in an in-person interview, which typically include questions about your academic qualifications and why you have chosen to study in the U.S. You will also need to bring all your required paperwork to the interview that shows you meet the above requirements for obtaining an F-1 visa.

To maintain your F-1 visa, you will be required to be a full-time student and cannot work off-campus during your stay in the U.S. If you work during your stay as a student, your visa will be revoked and you will have to leave the U.S.

A Florida immigration lawyer can help you understand the process for obtaining visas to visit and conduct business in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

The post How Foreign Nationals Can Obtain an F-1 Visa to Study in the U.S. appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Start a Business in the U.S. with an E-2 Visa

Foreign nationals looking for entrepreneurial opportunities in the U.S. can start their own businesses here with the help of an E-2 visa. The E-2 visa is a nonimmigrant visa, which means it is temporary and must be renewed every two years. However, there is no limit on the number of times it can be renewed.

Here’s what you need to know about qualifying for an E-2 visa to start a small business in the U.S.:

Be a national of a U.S. treaty country. The U.S. has commerce and navigation treaties in place with more than 80 countries. You must be a citizen of one of these countries to be eligible for an E-2 visa.

Have invested or plan to invest in a U.S. business. You must have personal assets at risk for investment in a U.S. business and, if the business is not yet operational, it must be “open for business” soon in order to obtain your E-2 visa.

Intend to run the business yourself. You must have the appropriate skills and plan to direct and run the business yourself.

Make a substantial investment. You must make a substantial investment in your U.S. business. While the government does not provide a precise definition for “substantial,” what is considered to be substantial for purposes of obtaining an E-2 visa will be in proportion to the size of and the type of the business.

Employ others. Your business must be large enough to employ others, not just yourself or members of your immediate family. The spouse of an E-2 visa holder is eligible to obtain work authorization, but cannot work until he or she receives that authorization from the USCIS. Unmarried children can attend school, but are not eligible to work.

Intend to return home. You must intend to return to your home country after your E-2 visa expires (though you can apply for a renewal upon the expiration of the initial visa).

Applying for an E-2 visa requires extensive documentation, and should not be undertaken without the counsel of an experienced business immigration attorney.

The North Miami attorneys at Jurado & Farshchian, P.L. are experienced professionals who can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post Start a Business in the U.S. with an E-2 Visa appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

5 Smart Strategies for Homebuyers in a Seller’s Market

Depending on where homebuyers are looking, some Florida markets are now seller’s markets, meaning there is a housing supply shortage so you need to deploy smart strategies in order to secure a new home.

Here are five smart strategies that homebuyers can use now to increase their odds of landing that dream home:

Get preapproved for a mortgage loan. Getting preapproved by a lender not only lets you know how much you can afford to pay for a home, it also gives you the ability to make offers quickly. If you are in a competitive bidding situation, it may sway sellers to accept your offer because you are preapproved.

Stay in your price range. In a seller’s market, it is best for buyers to shop within or a little below their price range, in case you get into a bidding war. It may also enable you to pay your own closing costs, which is more attractive to the seller. Shopping above your price range in a seller’s market will only lead to frustration, since the seller may have no motivation to negotiate on price.

Be flexible. No home is perfect and you will never get everything you want in a home unless you build it yourself. Try to look past the outdated appliances and ugly carpet and look at whether the house has potential after you add your own touches to it.

Make a good impression. Give your agent good input on exactly what you want, or don’t want, in your new home so you don’t waste their time or yours looking at homes that don’t meet your needs. When you do find a home you like, write the seller a letter to include with the offer and tell them why you love their home. This can put you on top in a bidding war.

Be prepared. In a seller’s market, you should be prepared to see new listings as soon as the agent brings them to your attention. If you find one you like, be prepared to write an offer right away.

The attorneys at Jurado & Farshchian, P.L. combine their knowledge and experience in Florida real estate law to represent both buyers and sellers of Florida real estate. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post 5 Smart Strategies for Homebuyers in a Seller’s Market appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

4 Common Problems Homebuyers Can Avoid at Closing

4 Common Problems Homebuyers Can Avoid at Closing

The process of buying a new home can be both exciting and daunting for most people who are inexperienced in real estate investing. Having your closing day delayed because of last-minute problems is the last thing you want to encounter on your home buying journey.

Here are four common problems homebuyers face and how you can avoid them:

#1: Documentation

Whether it’s a misspelled name or a transposition of numbers in an address, there are a myriad of errors in closing documents that can bring everything to a halt. You can avoid this by reviewing every document as far in advance as possible, and having your attorney review them as well. Pay close attention to loan documents and question anything you don’t understand.

#2: Money

Some homebuyers arrive at the closing only to find that the funds for the purchase have not been transferred from their bank to the closing agent. The best way to ensure that funds clear in time is to send them via a wire transfer. If you do not know the exact amount needed, send a surplus and you’ll get a refund.

#3: Delivery

Your lender will send the final loan documents to the agent, but sometimes they don’t arrive on time. To avoid this, speak with your agent well in advance of your closing date and ask if everyone involved has everything they need. Contact your lender a day or two before your closing to verify that they have cleared the loan file to close.

#4: Clear Title

If the title company discovers there is a lien on the property, this will delay closing. Be sure you request a copy of the preliminary title report and review it for potential problems. Remember, you are not covered by title insurance for all matters pertaining to title.

The attorneys at Jurado & Farshchian, P.L. combine their knowledge and experience in Florida real estate law to represent both buyers and sellers of Florida real estate. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post 4 Common Problems Homebuyers Can Avoid at Closing appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Understanding the “Tax-Free” 1031 Exchange

Section 1031 of the Internal Revenue Code allows you to defer paying taxes on any gain realized on the sale of investment property if you reinvest those proceeds back into a new property.  This is called a “1031 exchange” — although it really acts more like a rollover than an exchange.

Since a 1031 exchange can be a bit tricky, you really need the help of a real estate attorney to successfully execute a 1031 exchange.  Still, there are some general rules you need to know about a 1031 exchange:

You can’t use a 1031 for your personal residence.  You can only use a 1031 exchange for investment and business property.

Some personal property does qualify.  Most 1031 exchanges are used for real estate, but you can use a 1031 for personal property, like a valuable painting.

Exchange must be “like-kind”.  Properties swapped in a 1031 must be of “like-kind,” but that definition is broad.  It refers to the use of the properties — both the old and new must be used for investment or business purposes.  You don’t have to exchange an office building for another office building — you can swap for undeveloped land or an apartment building, as long as the uses of the properties are alike.

Delayed exchanges are permitted.  There can be a delay between the sale of the old property and the purchase of the new property, but the proceeds from the first sale must be held by a third party who then uses them to purchase the new property.

Replacement property must be designated.  You must designate the replacement property within 45 days of the sale of the old property.  It must be done in writing to the third party qualified intermediary holding the proceeds from the sale of the old property.

Multiple replacement properties are OK.  The IRS allows you to designate up to three replacement properties so long as you eventually close on at least one of them.

Closing in six months.  You must close on the new property within 180 days following the sale of the old property, starting from the date the sale of the old property closes.

Cash is taxable.  Any leftover cash from the purchase of the new property will be taxed, usually as a capital gain.

Debt considerations.  Any mortgage or other debt on the old property, and any debt on the new property, must be considered in the transaction.  If your liability decreases, that will be treated as gain and will be taxed.

Names on both titles must be the same.  The name(s) listed on the title of the new property must be the same as the name(s) on the property that was sold.  There are workarounds for this in certain cases.

The real estate attorneys at Jurado & Farshchian, P.L. are skilled in 1031 exchange transactions, and combine their knowledge and experience in the South Florida real estate market with a commitment to personalized, detail-oriented legal services.  Contact one of our experienced Florida attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post Understanding the “Tax-Free” 1031 Exchange appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

The Differences Between a Home Warranty and Home Insurance

Whether you own a home or are about to become a first-time homeowner, you may be wondering about the differences between a home warranty and home insurance. Both provide important protections, but there are real differences between them.

Home Insurance

Homeowner’s insurance protects both the home and the homeowner — as well as the lender — from financial loss in case of an unforeseen event like a fire, flood, hurricane, etc. Accidental damages are also covered — for example, if your neighbor is cutting limbs from his tree and one of them falls on your roof and punches a hole in it.

Homeowner’s insurance covers:

• The principal dwelling and any outbuildings
• Personal property (furniture, clothing, etc.)
• Liability for any injuries that occur on your property
• Living expenses if you are displaced by an accident or natural disaster

Most lenders will not issue a mortgage without proof of homeowner’s insurance, so if you have borrowed money to buy your house, homeowner’s insurance is generally mandatory. Homeowner’s insurance typically renews annually and is not transferrable to a new owner of the home.

Home Warranty

A home warranty covers the cost to repair or replace appliances or systems in your home. For example, a home warranty will cover basic household appliances like a refrigerator, stove, washer/dryer, dishwasher, etc., as well as your plumbing, HVAC and electrical systems. It can also cover things outside the home, such as a pool, spa or barbeque.

Home warranties are a “nice to have,” not a “have to have” like homeowner’s insurance. A home warranty is usually good for one year and can transfer with the sale of a home.

Jurado & Farshchian, P.L. assists homeowners with their real estate purchase and sale transactions. Contact one of our experienced Florida real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post The Differences Between a Home Warranty and Home Insurance appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

Avoid These 5 Common Home Selling Mistakes

Every home seller hopes for a quick and smooth sales process, but that can be harder to achieve if you make one of these home selling mistakes:

Hiring the first realtor you meet. You want to be sure the realtor you select to sell your home knows the market, the neighborhood and has experience selling a home like yours. You want a realtor who will be honest with you, even though it may be hard to hear that the price you want to sell your home for may be too high.

Ignoring the market. Housing markets vary by states, cities, towns and even neighborhoods. Your home price can be impacted by things that are out of your control, like the local economy or mortgage rates. If you’re in a hot market, you’ll benefit. If you’re not, be realistic with your expectations. Just remember that the market is the same whether you’re selling or buying, so if you get less than you wanted, you will probably pay less for your next home if you stay in the same area.

Hiding flaws. Florida law requires you to make certain disclosures about the condition of the home you are selling. But even if it didn’t, it’s always best to be honest about any major work you’ve done on the house or major known defects so you don’t face any legal issues in the future.

Overpricing. When you overprice your home, you make it stand out and not for a good reason. People who can afford the price will compare it negatively with others in the same price range and buyers who could afford your home where it should be priced won’t make an offer. The result is that your home will sit on the market, and that is a negative.

Ignoring your Realtor’s advice. If you’ve chosen correctly, your Realtor should be the one person you really listen to when it comes to strategies for selling your home quickly and for the best price. If they tell you that the home needs to be de-cluttered or staged, listen. Buyers react negatively to homes that need repairs or are messy.

Jurado & Farshchian, P.L. assists both buyers and sellers with real estate transactions and questions. Please call one of our experienced real estate attorneys at (305) 921-0440, or email us at info@jflawfirm.com today.

 Share

The post Avoid These 5 Common Home Selling Mistakes appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.

What Assets Do and Don’t Have to Go Through Florida Probate

Florida probate will generally be necessary when a decedent:

• Owned real property held solely in their name or as tenants in common;
• Owned a life insurance policy in which no beneficiary was named, where the named beneficiary has already died or the estate is named as beneficiary;
• Owned an IRA or other retirement account in which no beneficiary was named or where the named beneficiary has already died.

Florida probate is usually not necessary when a decedent:

• Leaves an insurance policy payable to a living person;
• Had bank and brokerage accounts held jointly with another living person (the accounts pass automatically to the joint account holder);
• Owned an IRA or other retirement account that named a living person as the beneficiary;
• Owned real property held either in joint tenancy with rights of survivorship or as tenancy in the entirety in which the other owner(s) is still living;
• Had payable-on-death designations for bank accounts;
• Had transfer-on-death registration for securities;
• Had property held a living trust.

Probate Shortcut: Summary Administration

Florida has a probate “shortcut” known as summary administration. The eligibility requirements for summary administration include:

1. The decedent passed away over two years ago, OR;
2. The estate’s entire value does not exceed $75,000, excluding assets distributed for the purpose of reimbursing an heir who paid for final expenses.

The summary administration process is initiated either by a beneficiary or the person named as personal representative in the decedent’s will. If there is a surviving spouse, he or she must sign and verify the petition.

The petition will include proof that the estate meets the requirements for summary administration as well as a list of assets. Once it is filed and reviewed by the court and the other requirements for summary administration are met, there will be an order issued that distributes the assets to heirs immediately upon the entry of the order.

Because the process of distributing assets is complex, with many potential pitfalls, it is vital that you seek the advice and services of an experienced probate attorney. Contact one of the experienced Florida probate attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

 Share

The post What Assets Do and Don’t Have to Go Through Florida Probate appeared first on Jurado & Farshchian, P.L. Business Lawyer, Real Estate Lawyer, Immigration Lawyer.