Immigration: An Introduction to the E-2 Visa

The E-2 Visa, in simple terms, is a Visa that allows for a business investor and/or their employees to come into the United States for work. The maximum amount of time this Visa grants in the United States is two years, the good news is that there is no limit to how many times it can be renewed. This Visa can also be given to the spouses and children (unmarried & under the age of 21) of those who qualify. Once accepted they will be granted the same period of stay as the investor or the employee.

 

However, like any other visa, there are plenty of stipulations that one must meet before qualifying for the E-2 Visa. The first being that the Investor interested in obtaining the E-2 Visa must be a “Treaty Investor” meaning said investor must come from “…a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation”. A list of qualifying countries can be found here. The treaty investor must also have invested or be in the middle of investing a substantial amount of capital into a business in the United States. That same capital must be shown to be sourced from non-criminal activities. On the other hand, the employee applicant must be from the same nationality as the investor, while also being part of the managerial branch of the business, or have special qualifications for said business.

 

The E-2 Visa is a great tool for those who seek to grow their business in the United States while bringing specialized and essential employees along with them. At the same time it allows for those employees to work outside of their home country for two years at a time without fear of leaving their family behind.

 

Do you want to learn more about the E-2 Visa? Do you have more questions regarding immigration? Our team of experts here at Bankers Hill Law Firm, APC can help you with all of your immigration inquiries. With our 30 years of legal experience we can help you reach your immigration goals! Please contact us at 619-230-0330 or info@bhlflaw.com and schedule an appointment. A Spanish interpreter is available.

When first looking at the catalog of Visas the United States has to offer, one can be perplexed and overwhelmed as an immigrant. Thankfully resources such as law firms allow us to make the right decision when picking a Visa that is right for us.

The Main Reasons for Car Accidents

Distracted Driving

 

Over 3000 people were killed from accidents involving distracted driving in 2019 (National Highway Traffic Safety Administration). This includes any behavior that takes the driver’s attention away from the road, such as eating, texting, talking, listening to music, or daydreaming.

 

Speeding

 

According to the National Highway Traffic Safety Administration, speeding accounts for around one third of all vehicle accidents. There is a common belief that going 5-10 mph above the speed limit is not considered speeding, but what is considered a safe speed always depends on the context. On a sunny day, going 5 mph above the limit would be considered relatively safe, but a rainy day might call for a stricter or even slower interpretation of the speed limit. Note that even 1 mph over the speed limit is illegal and grounds for being written up with a fine if you are pulled over. 

 

Alcohol, Marijuana, and Opioids

 

In California, it is illegal to drive with a blood alcohol content of 0.8% or more. The Virginia Tech Transportation Institute argues that driving under the influence is the most dangerous form of distracted driving – their studies find that the influence of alcohol and drugs multiply crash rates by 36 times. The manifestations of these findings are apparent in CDC data that shows that every day, 29 people die because of an alcohol-impaired driver.

 

Fatigue

 

Micro-sleeping happens when drivers are tired and fall asleep for a brief period of time, usually from 1 to 10 seconds. These episodes are dangerous and give opportunity for drivers to lose control of the car. According to the CDC, people who have been away for 18 hours straight have the same cognitive and motor abilities as someone with a blood alcohol content of 0.05%. It is imperative for drivers to get adequate sleep before driving and take breaks when they feel tired. 

 

Weather

 

Rain, snow, and fog visually impair the driver easily. Cold and wet weather can also make roads slippery and thereby make vehicles harder to control. When driving in harsh weather conditions, it is important to drive slower and prepare the car with appropriate equipment to ensure safety. 

The National Safety Council reports that around 4.8 million people were injured in car crashes in the US in 2020. Despite stay-at-home orders and stay at home orders, vehicle-related fatality rates still increased 24% in the last year. Here are some of the top reasons for car accidents. 

Can I be Fired After a Workers’ Compensation Claim?

California’s Labor Code Section 132(a) states that “there should not be discrimination against workers who are injured in the course and scope of their employment” and specifies the legal consequences of retaliation. In the case of discrimination due to a workers’ compensation claim, employees are entitled to an increase of half of their current salary, as long as the total does not exceed $10,000. The employer is also legally required to make up for lost wages and benefits and reinstate the employee’s wrongfully terminated career. 

 

On the other hand, wrongful termination lawsuits can be hard to prove, considering that employers are legally allowed to fire their employees for a variety of reasons. Employers can attribute the termination to work performance, layoffs, changes in the company, or even the injuries that the employee sustained from the workplace. As long as the employer can prove that the employee was not pulling their weight in the office, they have a valid reason for the firing.

 

With that said, what can you, an employee, protect themselves from retaliation?

 

If you feel discriminated against in your office because of your workers’ compensation claim, it is important to gather evidence of causation. You should gather proof that your employer’s behaviors and attitudes towards you changed after you filed for worker’s compensation. Maybe they consistently left glowing reviews on your work until your injury, but became overly critical and negative after, even though your quality of work remained the same.

 

You can also prove that the termination, pay cut, demotion, or discrimination you experienced was against normal protocol: maybe a coworker made the same error but was let off with a warning, whereas you were fired for the same action.

 

Should I still file a workers’ compensation claim even if I might get fired?

 

Yes. Remember, the law explicitly prohibits retaliation. Employees have the legal right to demand workers’ compensation without punishment when they sustain injuries or illnesses from their employment. Even if you do get fired because of your workers’ compensation claim, contact a lawyer and take it to court.

The short answer: no, but your employer can fire you citing other reasons. 

Most states, including California, have laws barring employers from retaliation against their employees when they file a workers compensation claim. Retaliation does not just include firing, but also demotions, pay cuts, threats to termination, or any other disciplinary discrimination. If an employer unjustly fires an employee because of a workers’ compensation claim, the employee has grounds for a wrongful termination lawsuit. 

All You Need to Know About Your DACA

What is DACA?

In 2012, President Obama issued the Deferred Action for Childhood Arrivals (DACA) program, which protects over 800,000 undocumented immigrants from deportation as long as they prove that they arrived in the US before they were sixteen.

 

DACA does not provide a pathway to citizenship for these individuals but grants them the right to stay in the US, apply for a driver’s license, a social security number, and a work permit. Their legal status is subject to renewal every two years based on good behavior. As of December 4, 2020, DACA has reopened applications for individuals not currently enrolled to apply for deferred action. 

Who can apply?

According to the Migration Policy Institute, around 1.8 million people qualify for DACA, but only 800,000 are currently enrolled. The following are the qualifications for eligibility to the program:

  • Be under the age of 31 as of June 15, 2012;
  • Immigrated to the United States before turning 16;
  • Continuously lived in the United States from June 15, 2007, up to the present;
  • Was physically present in the United States on June 15, 2012,
  • was physically present in the US when submitting the request for deferred action
  • Had no lawful status on June 15, 2012, meaning that:
  • Either be currently in school, graduated or obtained a certificate of completion from high school, obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  • Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not pose a threat to national security or public safety.

Be prepared to show documents that prove each requirement, as well as proof of identity. Applicants must also fill out two forms (I-821D, Consideration of Deferred Action for Childhood Arrivals, and I-765, Application for Employment Authorization) and a worksheet (I-765WS, Worksheet) to apply. Check the USCIS website to make sure you have the latest version of the forms.

 

Fee Exemptions

 

As of January 2021 the application fee for DACA is $495. Applicants making less than 150% than the poverty line who are also in severe debt, have a chronic disability, or are younger than 18 and lack parental support may be eligible for the fee exemption.

 

Be sure to apply for a fee exemption before submitting the official request for DACA. 

 

Can I travel if I am applying for DACA?

 

If you already have DACA, you must apply for advanced parole to travel. Do not travel if your application request is under review, as it might jeopardize or complicate the process.

 

What is happening with DACA now?

 

The Trump Administration automatically rejected new DACA and prohibited current recipients from applying for advance parole. On December 4, 2020, federal judge Nicholas Garaufis of the U.S. District Court in Brooklyn ordered the government to lift the restrictions placed during the Trump administration and restore DACA to its original form.

 

DACA currently is facing a new legal battle in Houston, Texas. The case is a continuation of a 2018 lawsuit against the constitutionality of the Obama-era version of the lawsuit. Texas, along with a coalition of eight other states, argues that DACA forces states to bear unfair financial burdens. Judge Andrew Hanen, who expressed concern for the unconstitutional DACA in 2018, is set to issue a ruling in early April 2021.

 

Get additional information about DACA from the USCIS website here

Ever since President Trump first attempted to rescind the Deferred Action for Childhood Arrivals, (DACA) program in 2017, the policy has become one of the most intensely debated topics in the country’s political and legal battlegrounds. What is DACA? Who qualifies? And what is happening now?

San Diego’s Personal Injury Attorney

Justice requires that a person or corporation be held accountable when they cause injury to another through their negligence or reckless conduct. In our civil legal system, the way this is handled is through personal injury law firms for money damages. It’s enough stress and heartache coping with a catastrophic loss, so an assertive San Diego law firm will work to make sure their clients are not burdened with having to pay doctor bills, hospital bills, or funeral expenses for an accident or injury that was someone else’s fault. While no amount of money may make up for a serious injury or the loss of a loved one, Bankers Hill Law Firm will fight to get the maximum compensation for our clients because we care about our clients.We can assist you in recovering compensation for a car accident. Speak to a professional personal injury attorney at Banker’s Hill Law Firm by calling (619) 230-0330

Extraordinary Results for Ordinary People

Simply put, a trusted personal injury law firm has one effective philosophy: extraordinary results for ordinary people. They will provide the general public in San Diego with the same extraordinary representation that corporate clients receive. A solid personal injury law firm is motivated by genuine care of individuals injured in an auto accident, motorcycle accident, or in the unfortunate event of brain injury, pedestrian accident, dog bite, or wrongful death. A professional team of trial lawyers will show no favoritism and will diligently represent the plaintiff exclusively in cases involving injury and loss.

Immigration Law Firm

Justice requires that a person or corporation be held accountable when they cause injury to another through their negligence or reckless conduct. In our civil legal system, the way this is handled is through personal injury law firms for money damages. It’s enough stress and heartache coping with a catastrophic loss, so an assertive San Diego law firm will work to make sure their clients are not burdened with having to pay doctor bills, hospital bills, or funeral expenses for an accident or injury that was someone else’s fault. While no amount of money may make up for a serious injury or the loss of a loved one, Bankers Hill Law Firm will fight to get the maximum compensation for our clients because we care about our clients.We can assist you in recovering compensation for a car accident. Speak to a professional personal injury attorney at Banker’s Hill Law Firm by calling (619) 230-0330

Serving Individuals and Families From Any Country

Simply put, a trusted personal injury law firm has one effective philosophy: extraordinary results for ordinary people. They will provide the general public in San Diego with the same extraordinary representation that corporate clients receive. A solid personal injury law firm is motivated by genuine care of individuals injured in an auto accident, motorcycle accident, or in the unfortunate event of brain injury, pedestrian accident, dog bite, or wrongful death. A professional team of trial lawyers will show no favoritism and will diligently represent the plaintiff exclusively in cases involving injury and loss.

Personal Injury Pedestrian Attorney

In its report on the increase in pedestrian deaths, the IIHS offered several suggestions on how deaths among those on foot near roadways could be reduced. The researchers’ suggestions included: According to the roadway safety researchers at the Insurance Institute for Highway Safety (IIHS), pedestrian deaths hit an all-time low in 2009, when 4,109 pedestrians died in motor vehicle-related accidents. Since 2009, however, pedestrian fatalities have been climbing. In 2016, the IIHS reports that 5,987 pedestrians died on the road. This is a 46% increase over the total number of pedestrian deaths in 2009, and it is the highest number of pedestrian fatalities since 1990, when 6,482 pedestrians died in traffic accidents. While the total number of motor vehicle accident deaths has risen starkly, pedestrian deaths alone account for 52% of the increase in highway fatalities between 2009 and 2016. While experts are still searching for explanations for the jump in fatalities, many believe that the epidemic of distracted driving is at least partly to blame.

Better vehicle design: Many vans and SUVs have vertical front ends which are perched higher than those of sedans, making them uniquely able to impose fatal blows to pedestrians’ critical organs in an accident. In fact, studies show that areas with a greater number of SUVs and vans experience higher rates of pedestrian fatalities. Encouraging vehicle manufacturers to redesign these vehicles could make them less dangerous to pedestrians.

More crosswalks: When pedestrian crosswalks or intersections are few and far between, pedestrians are more likely to cross between intersections and get hit. Adding marked, lit, and even signal-controlled crosswalks can keep walkers safe.

Combating texting while driving: Distracted drivers are a danger to everyone with whom they share the road, but they’re even less likely to see smaller objects such as pedestrians and cyclists than other cars.If you or a loved one has suffered serious injuries in a Southern California pedestrian accident, find out if you have a right to money damages for your injuries from a personal injury lawsuit by contacting the dedicated and effective San Diego traffic accident lawyers at the Banker’s Hill Law Firm for a free consultation at (619) 230-0330

Pedestrian Fatalities Have Risen Sharply in Recent Years

Despite numerous recent advances in vehicle safety technology, the number of deaths on US roads has increased steadily over the past few years. No category of roadway fatality has grown faster, however, than those among pedestrians. Read on to learn more about the rise in pedestrian deaths and ways to combat this pattern, and contact a knowledgeable San Diego personal injury lawyer for more information.

Defective Products Can Be Fatal

According to Hassett’s brother, Chris Hassett, Jeff was a competent Segway rider who had used the device for about five years as a way to remain mobile after undergoing heart bypass surgery. Chris described the concrete protrusion as “obvious,” a clear “potential health threat” that had gone unrepaired by those in government. “I think there should be a task force out there in a very preventative way looking at sidewalk hazards, road hazards, demonstrating to the people of this city that they are as committed as any city in this country to protect public safety,” Chris stated.City governments are responsible for keeping sidewalks on public property in safe, usable condition. When members of the public are injured while using a public sidewalk, California cities may be financially liable to accident victims if the victim can show that the city knew or should have known about the unsafe sidewalk but failed to repair it within a reasonable amount of time. While victims may have a right to damages, lawsuits against city or state government offices aren’t straightforward. Often, there are time restrictions, as well as notice and pleading requirements, that don’t exist in lawsuits against private individuals or entities. If you or someone you love has been injured on public property, it is important that you find a California injury attorney who is experienced in suing public entities soon after the accident to discuss filing a claim before time runs out.If you’ve lost a loved one as the result of someone else’s negligence, contact the seasoned and effective San Diego wrongful death lawyers at the Banker’s Hill Law Firm for a consultation on your case at (619) 230-0330

Survivors of Segway Accident Sue City

The recently-filed lawsuit was based on the death of San Diego resident Jeff Hassett. Hassett was riding his motorized Segway vehicle on a sidewalk near the Old Town Transit Center on March 1, 2016, when he hit a stub of concrete that was sticking up three to four inches from the sidewalk. Hassett suffered broken ribs, damage to his internal defibrillator, and an injured toe. When doctors were forced to amputate the injured toe, Hassett incurred an infection. He then suffered cardiac complications and ultimately succumbed to his injuries on May 13, 2016.