Apr
27

By

Does COVID-19 Pandemic Justify Invoking the Force Majeure Clause in an International Contract?

Category: Uncategorized Tags: , , ,

“Force majeure” is an event beyond the control of a party to international contract, such as a war, earthquake, tornado, strike, riot, epidemic, that may excuse a party’s performance under the contract.

Parties to international contracts often use force majeure clauses to protect themselves from liability in the event circumstances beyond the parties’ control impede performance. The recent pandemic raises new issues regarding what constitutes a force majeure event. The economic downturn or related events may qualify as a force majeure event in international business agreements.

In order to determine if the COVID-19 pandemic qualifies as “force majeure” in your international business contract, we need to first analyze the international contract itself and any such clauses. We need to interpret the law governing such international contract. We need to interpret the performance you are looking to excused.

If you are affected by COVID-19 pandemic and you are looking for an experienced international business attorney to help you with issues related to performance under international business agreement, call our Phoenix office at 480-425-2009 today for a confidential consultation or contact us via our website.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline if the events caused by COVID-19 pandemic may qualify as “force majeure” and excuse performance under international contract.

Apr
27

By

President’s Trump 60-day Immigration Ban

Category: Uncategorized

On April 22, 2020, President Trump issued a proclamation “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”. The Proclamation is effective for 60 days from April 23, 2020.

The Proclamation suspended US entry of individuals who do not have an immigrant visa or an official travel document. The Proclamation does not apply to green card holders, health care professionals and their spouse and children under 21 years old, EB-5 investors, spouses of US citizens, children of US citizens under 21 years old and prospective adoptees, individuals whose entry would further important U.S. law enforcement objectives, members of the U.S. Armed Forces and their spouses and children, Special Immigrants the SI or SQ classification and individuals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation. If you or your family member are looking for an experienced immigration attorney, call us at 480-425-2009 today for a confidential consultation or contact us via our website.

Apr
21

By

Can Bankruptcy Solve Your Financial Distress Caused by COVID-19?

Category: Uncategorized

When looking for relief from the financial burden caused by the COVID-19 pandemic, bankruptcy is certainly one of the options to consider. Should you file for bankruptcy? Is bankruptcy right for you? There are many questions you need to ask first. Let’s start with 5 things you need to know before filing for bankruptcy.

Bankruptcy can help you get rid of debts you cannot pay. Bankruptcy will stop lawsuits and creditors’ collection efforts. Bankruptcy may buy time to negotiate with your landlord. Bankruptcy may help you save your home or car.

Bankruptcy law is complex law consisting not only with the US Bankruptcy Code and case law, but also the Federal Bankruptcy Rules and local rules.
Bankruptcy precedents are being created by courts daily. In addition, the State Law governs bankruptcy exemptions (what property you can keep). While you can file bankruptcy without an experienced bankruptcy attorney, you run a risk that you can lose property that you could otherwise keep if you have retained a bankruptcy attorney. Without having an experienced bankruptcy attorney on your side, you may not discharge debts that may be discharged with help of a bankruptcy attorney.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline what you should consider to determine if bankruptcy an help you relieve financial stress caused by covid-19.  What you don’t know, may hurt you! If you are considering filing bankruptcy, call an experienced bankruptcy attorney in Phoenix at 480-425-2009 today for a free confidential bankruptcy consultation or contact us via our website. We will make sure your assets are protected and you get the maximum relief from your debts through bankruptcy.

Apr
20

By

5 Things You Need to Know Before Filing Bankruptcy

Category: Uncategorized Tags: , ,

The coronavirus pandemic is causing lots of economical hardship. The unemployment has skyrocketed and businesses are struggling to survive. More and more people are looking at bankruptcy relief as one possible solution. We’d like to look at 5 things you need to know before filing bankruptcy:

  1. Your 6-month-income. Your gross income received during last 6 months is considered in the determination if you qualify for Chapter 7 bankruptcy. Your gross income is then used in the means test to make that determination. For more information about the means test click here.
  2. Only some of your property may be protected in bankruptcy. What property you can keep in bankruptcy depends on where you live. In Arizona, you can keep up to $150,000 equity in your home, household items up to $6,000, car ($6,000), bank account balance ($300), clothing ($500), etc. The property that is not protected (exempt) in Chapter 7 bankruptcy can be sold by the Chapter 7 bankruptcy trustee to pay your creditors. It is important to look at your property to determine if all property can be protected in bankruptcy. If you own property that would not be protected in Chapter 7 bankruptcy and you want to keep it, you can consider filing Chapter 13 bankruptcy. For more information discussing the difference between Chapter 7 and Chapter 13, click here.
  3. What bankruptcy tools do you need? Do you just need relief from credit card debts or do you need more time to pay your mortgage or car loan? Your answers to those and other questions will determine which type of bankruptcy is right for you. For more information discussing the difference between Chapter 7 and Chapter 13, click here.
  4. Bankruptcy timing. Do you expect to incur additional debts in the near future? Do you expect to receive any payments (such as tax refund or stimulus check)? Do you expect to lose job in the near future? Your answers to those and other questions will determine when is the best time to file bankruptcy.
  5. Your recent payments. Have you recently re-paid money to your family member or friend? Have you taken a cash advance from your credit card? Have you recently made gifts to anyone? Your answers to those and other questions will determine when you should file for bankruptcy. It is also important to analyze such payments to determine the consequences of such payments in bankruptcy.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline what you should consider and what you need to know before filing bankruptcy.  What you don’t know, may hurt you! If you are considering filing bankruptcy, call the bankruptcy attorney in Phoenix at 480-425-2009 today for a free confidential bankruptcy consultation or contact us via our website and we will make sure your assets are protected and you get the maximum relief from your debts through bankruptcy.

Apr
9

By

Can You Keep Your Stimulus Check In Bankruptcy?

Category: Bankruptcy, Chapter 13, Chapter 7, Stimulus check Tags: , ,

On April 9, 2020, the IRS started sending stimulus checks to individuals under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 (Act). People earning less than $75,000 will receive $1,200 and married couple earning less than $150,000 will receive $2,400. Additional $500 will be paid for each qualifying child under the age of 17.

Whether you can keep the stimulus check in bankruptcy depends on when you are going to file the bankruptcy, where you live and what other assets you have. Arizona has only a $300 exemption for funds in the bank account ($600 for married couple). In order to protect your stimulus check, it is important to discuss your situation with an experienced bankruptcy attorney.

If you are considering filing for bankruptcy, call us at 480-425-2009 or contact us via our website to schedule a free confidential consultation and we will make sure your stimulus check is protected and you get the maximum relief from your debts through bankruptcy.

Please note that this article does not constitute a legal advice.  We simplified the law, excluded nuances in law in order to outline the treatment of the stimulus check in bankruptcy. 

Apr
5

By

Can An Employer Furlough an H-1B Employee?

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney

As the coronavirus pandemic is forcing many employers to furlough or lay off their workers, questions arise about the consequences of such measures on foreign workers currently in H-1B status.  The Department of Labor regulations require employers to abide by the certified labor conditions, including payment of the required wage and full-time vs. part time employment.  The employers cannot furlough or stop paying the required wage without exposing itself to fines, back wages and debarment from immigration programs. 

If the employer wants to convert a full-time H-1B employee to a part-time status, it must file a new labor certification application and amended H-1B petition to reflect such change.  The employee can start working when the amended H-1B petition is filed.

We continue to monitor the Department of Labor’s guidance.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the H-1B regulations.  If you are considering any changes to the approved H-1B labor conditions, call an experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule anH-1B consultation. We will make sure you are complying with H-1B regulations and help you avoid fines or other negative consequences associated with H-1B non-compliance.

Apr
3

By

Should I File For Bankruptcy?

Category: Uncategorized

Are you worried about paying your bills during the corona virus pandemic? Are you impacted by the pandemic? Have you lost your job?  Have you been furloughed from your job? Are you making just minimum credit card payments? Do your monthly expenses exceed your income? Do you have no money to pay mortgage or rent? Do you have mounting medical bills?  Are your constant worries causing lots of stress?  If you answered yes to any of those questions, bankruptcy may be the right tool to solve those problems.

In order to assess whether bankruptcy will help you, it is important to analyze your situation and compare bankruptcy with other possible avenues of handling your financial problems.  It is also important to look at advantages and disadvantages of filing for bankruptcy. Do the advantages of bankruptcy outweigh the disadvantages? While the advantage of receiving a discharge of your debts is certainly advantage, there may be disadvantages.  For example, you may lose some property and without proper bankruptcy advice, you may lose some property unnecessarily.  That’s why it is important to consult with an experienced bankruptcy attorney to determine what would bankruptcy mean for you.  During your free bankruptcy consultation, the bankruptcy attorney will analyze your situation your assets, debts and recent payments and determine if Chapter 7 or Chapter 13 or Chapter 11 bankruptcy is best option for you.  The bankruptcy attorney will determine what debts can be discharged, what is the best time to file for bankruptcy and what pre-bankruptcy planning may be necessary.  In order to avoid pitfalls of bankruptcy and obtain maximum benefits, calls us at 480-425-2009 or schedule a free bankruptcy consultation with an experienced bankruptcy attorney on our website.  We will help you restore the peace of mind that comes from having your burden of debt lifted.

Mar
20

By

H-1B registration ends on March 20, 2020 (noon ET)

Category: H-1B, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, Uncategorized

The USCIS has implemented the electronic registration process for the first time for the fiscal year 2021 (FY 2021) H-1B cap.

The employers (registrants), who are seeking authorization to employ H-1B workers subject to the cap, must first electronically register and pay $10 registration fee for each employee. The H-B registration process for FY 2021  started on March 1, 2020 at noon ET and remain open until March 20, 2020 at noon ET.

The H-1B random selection process, if needed, will then be run on properly submitted electronic registrations. The USCIS intends to notify selected registrants by March 31, 2020. The selected registrants may start filing H-1B cap-subject petitions on April 1, 2020.

If you are considering applying for H1-B status for your employee and would like an attorney to help you navigate this new process, call our experienced H-1B Immigration Attorney Irena Juras at 480-425-2009 or contact us via our website and we will assist you.

Sep
29

By

Last chance to get a green card (EB-5) for $500,000 before November 21

Category: Uncategorized Tags:

Starting November 21, 2019, new EB-5 regulations will take effect. The minimum investment amount will increase from $1 million to $1.8 million and from $500,000 to $900,000 for investments in commercial enterprises located in a Targeted Employment Area (“TEA”) . The investment amount will be adjusted every 5 years based on inflation. In addition, the USCIS will no longer defer to TEA designations made by state and local governments and will directly review and determine the designation of high-unemployment TEA. TEA areas are areas that have experienced an average unemployment rate of at least 150% of the national average unemployment rate. TEA will now consist of a combination of census tracts that include the tract or contiguous tracts in which the new commercial enterprise is principally doing business, including any or all directly adjacent tracts. Further, under the new rule, in certain circumstances, USCIS will allow certain petitioners to retain the priority date of a previously approved I-526 petition. These new rules will apply to petitions filed starting November 21, 2019.

If you are considering, apply for a green card based on investment, call EB-5 investment attorney Irena Juras at 480 425 2009 to schedule a consultation.

Aug
13

By

Public Charge Rule Changes

Category: Uncategorized

Under the Immigration and Nationality Act, an individual may be denied admission into the U.S. or adjustment to lawful permanent resident status (green card) if (s)he is “likely at any time to become a public charge.” 
The term “public charge” has been interpreted as a person who is or is likely to become “primarily dependent” on “public cash assistance for income maintenance” or “institutionaliz[ed] for long-term care at government expense.” On August 12, 2019, the U.S. Department of Homeland Security (DHS) announced a final rule that amends DHS regulations how DHS will determine individual’s likelihood of becoming a public charge. The final rule incorporates consideration of more kinds of public benefits received, including cash benefits for income maintenance, Supplemental Security Income, Temporary Assistance to Needy Families, Supplemental Nutritional Assistance Program, most forms of Medicaid, and certain housing programs.

This regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles, certain trafficking victims, victims of qualifying criminal activity, or victims of domestic violence . This final rule goes into effect on October 15, 2019.

This change is likely to expand the number of immigrants that ineligible for green cards and admission to the United States .

For more information and to determine how this change may affect your case, call Immigration attorney Juras Law Firm, PLC at 480-425-2009 or contact us via email.

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