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Back SELLING A FRANCHISE We will consult with you about the structure and, if desired, business aspects of your transaction. We'll prepare the selling agreements and other closing documents. We'll negotiate with your landlord, buyer's attorney and the franchiser to ensure that you get everything in order before signing on any dotted lines. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Comprehensive Healthcare Surrogate Estate Planning Services We know how important it is to have a health care surrogate in place before the time comes when one is needed. WHAT IS A HEALTH CARE SURROGATE? A health care surrogate is a third party who has been named in advance to make medical decisions on your behalf if you are unable to make those decisions yourself. The term can also be used interchangeably with “health care advanced directives,” “advanced health care directives,” or “health care power of attorney.” When appointing a health care surrogate, it’s very important to choose someone who is attentive, trustworthy, familiar with your medical wishes in various health-related scenarios, and capable of making difficult medical decisions. WHY DO I NEED A HEALTH CARE SURROGATE? Emotions run high during times of medical emergency. Families often have strong feelings about what should happen to their loved ones. If you were to suddenly fall ill, a legal document naming your health care surrogate could help eliminate any confusion about who is responsible for making decisions about your medical care. This will spare your family members from arguing (and in some cases even going to court) over who should be tasked with making difficult decisions regarding your well-being. The written document appointing a health care surrogate is especially important when you have internal family conflict or if you are bypassing family members to appoint a non-family member or companion to serve as your health care surrogate. You may want someone to have access to your medical information immediately, even if you are fully able to make your own decisions. In this way, your surrogate can be fully informed of your medical condition if, at some point in time, the doctors determine that you are unable to make your own decisions for medical care. A properly drafted health care surrogate can add that provision. The final decision on care always remains with you unless the doctor states that you cannot make a decision. We can help you with your advanced health care directive, ensuring that your wishes will be honored in any eventuality. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Acerca de Back BUSINESS LITIGATION Business Law & Start-Up Law From the moment a business is formed, and throughout its life cycle, there are legal issues that must be addressed. Business law is not one area of law, but many areas that govern a company’s formation, operation, contracts, financing, intellectual property, securities and even insolvency. Businesses and their owners require legal advisors who understand their needs and can help them achieve their objectives, protect their assets and avoid common pitfalls. What we do WE KNOW THE INS AND OUT Our experience—on both sides of the courtroom—gives you a business litigation firm with this same type of insight into what lies ahead. At the core of our legal strategy is a track record for analyzing complex legal and business challenges and foreseeing their outcomes for our clients. WE DETECT PATTERNS Our firm is adept at connecting the dots among seemingly unrelated issues, spotting trends, and staying ahead of change in areas like electronic discovery, and international arbitration. ​ LEADERS IN COMPLEX COMMERCIAL LITIGATION Buschkin Law Firm represents clients in both trial and appellate levels and in arbitration. The complexity of commercial litigation requires seasoned commercial litigation attorneys. Our knowledge and experience in business and commercial law litigation has contributed to our record of success. ​ FIERCE NEGOTIATORS Our trial experience, ferocious negotiation, and laser-sharp persuasion skills give clients the necessary perspective to map out a strategy even before litigation is filed. This is how we obtain successful results if the litigation gets to the courtroom. Buschkin Law Firm's business litigation attorneys represent companies and individuals in any kind of commercial dispute. We help our clients implement measures to ensure that they do not become embroiled in disputes. If a litigation arises, we ensure that you are equipped with the resources, experience, and knowledge to reach a successful resolution. ​ COST-EFFECTIVE LITIGATION Successfully navigating commercial disputes and litigation or arbitration is integral to achieving your business objectives. Managing costs is a priority for many of our clients. That is why we help companies involved in commercial litigation or arbitration make decisions consistent with their goals. At Buschkin Law Firm we aggressively defend our clients’ interests in complex and multiparty litigation and arbitration. Throughout your dispute, we will work with you to pursue a course of action that defends your business interests while remaining cost-effective. ALTERNATIVE DISPUTE RESOLUTION Our focus on efficient dispute resolution means we always consider whether arbitration, mediation, facilitation, mini-trials or private judging is in the best interests of our clients. We have vast experience in negotiating mediated settlements in a variety of disputes across industries and legal practice areas. Our experienced arbitration practitioners are familiar with arbitration in both domestic and international forums. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Asylum & Refugee Asylum may be granted to individuals already in the United States who are unable or unwilling to return to their home country because of persecution on account of race, religion, nationality, membership in a social group (including sexual orientation), or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You will be able to apply for permanent residency one year after you are granted asylum. Benefits of Asylum Individuals granted Asylum are protected from being returned to his or her home country and will be authorized to work in the United States. The greatest benefit is that after one year of obtaining approval, you may apply for lawful permanent resident status also known as applying for a green card. Furthermore, after four years have passed after obtaining your green card, you can proceed to apply for U.S. Citizenship Asylum vs Refugee Status While some people use these terms interchangeably it’s necessary to point out that there are in fact distinct differences. First of all, they are both considered protections to foreign individuals who feel their safety is in jeopardy if they return to their home country. Those who are currently outside the United States, they should apply for refugee status Those who are already in the United States either through a visa or illegal methods, should seek asylum status. Both of these options, if approved by the government, would permit an individual to stay in the country indefinitely. Requirements & Eligibility ELIGIBILITY To be eligible for an Asylum Green Card, you must satisfy four conditions: You must have been physically present in the United States for at least one year. You must continue to meet the definition of a refugee. You must not have resettled in any other country, and You must not be deemed inadmissible. PERSECUTION MUST BE CONNECTED TO A PROTECTED GROUND It is important to understand that being a victim of violence in a country considered to be unsafe because of general violent conditions, civil strife, or war will likely not be enough to succeed on an asylum claim. Instead, the persecution suffered or feared to be suffered must be on account of race, religion, nationality, membership in a particular social group, or political opinion. In these cases, evidence should include that the group exists, and that individuals in the group share characteristics that are unchangeable and are recognized as socially distinct in a relevant society. Examples of evidence that helps focus on demonstrating persecution focused on a claimed group may include: In gender-based claims, evidence of social norms that prevent group members with the same gender from severing legal or social ties with a spouse or partner. Evidence of the unwillingness of government institutions or families to protect members of a particular group through the police or court system. Evidence of the unwillingness of the government to provide assistance, including through relocation, of members of a particular group. Evidence of widespread and tolerated violence against certain groups. These types of evidence potentially serve to prove that a group shares unchangeable characteristics that are recognized within the society the group lives within and whose shared characteristics form the basis of the persecution. ​ PERSECUTION DISQUALIFYING FACTORS An Applicant must file the Asylum Application within one year of having arrived in the United States. There are certain exceptions that will allow for filing of the application past the one-year deadline. For most of these delays caused by the applicant, the clock will be stopped until the next interview date except for failing to appear at an interview or failing to appear in person to receive and acknowledge the decision. In the cases where an applicant is required to appear to receive the Asylum application and the applicant fails to appear to receive the decision, the clock will stop until the case is referred to the Immigration Court where it will restart at the first hearing before the Immigration Judge unless the applicant causes another delay. Certain past acts may also disqualify an applicant from Asylum relief. These acts include convictions for particularly serious crimes suck as commission of a serious non-political crime outside the United States, acts that create a reason or reasons to believe that the applicant is a danger to the security of the United States and participation in terrorist activities or persecution of others. Application process FILING FOR PERMANENT RESIDENCE (GREEN CARD) You may apply for a Green Card one year after being granted asylum. To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case. In order to be eligible for a Green Card as an asylee, you must meet the following requirements: You properly file Form I-485, Application to Register Permanent Residence or Adjust Status; You are physically present in the United States at the time you file your Form I-485; You have been physically present in the United States for at least one year after you were granted asylum; You continue to meet the definition of a refugee, or to be the spouse or child of a refugee; You have not firmly resettled in any foreign country; Your grant of asylum has not been terminated; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and You merit the favourable exercise of discretion. Period of Stay and Family Asylum ultimately results in a green card so it does not have an expiration and is granted for an indefinite period. However, a beneficiary of Asylum status can lose status if one of the following circumstances occur: USCIS determines that the Asylum application was based on fraud. The Asylum beneficiary committed an act that violates Immigration Law that subjects the beneficiary to removal from the United States. The Asylum beneficiary no longer meets the definition of a refugee. The Asylum beneficiary has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. The Asylum beneficiary constitutes a danger to the community of the United States, if convicted of a particularly serious crime. The Asylum beneficiary Committed a serious non-political crime outside the United States prior to arriving in the United States. The Asylum beneficiary is a danger to the security of the United States, including terrorist activity. The Asylum beneficiary may be removed, to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection; The Asylum beneficiary Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or Asylum beneficiary Has acquired a new nationality and enjoys the protection of the country of his new nationality. A Spouse and children under 21 years of age who are present in the United States can obtain Asylum status with the Applicant’s primary Asylum application. If the spouse and children are outside of the United States, after approval, the Asylum Beneficiary can petition for the family seeking status filing form I-730 within 2 years of obtaining Asylum protection status Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Multinational Manager or Executive The EB-1C Visa targets management and executive level employees seeking permanent residency in the United States, also known as a Green Card. It is an excellent option for business leaders from around the world wishing to relocate with their family to the United States. Eligibility Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. ​ EMPLOYER REQUIREMENTS ​ Must have a qualifying relationship with a foreign company. Must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary. Must exist for at least one year in the United States. ​ EMPLOYEE REQUIREMENTS ​ Must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity. Must provide evidence that he/she is of managerial or executive capacity, for example: Manage a function or a department of the organization Supervise the work of others as well as hire and fire subordinates Be able to control the daily activities and salaries of employees Provide evidence that you have managerial or executive capacity: Be able to direct managers in your organization Make far-reaching decisions without substantial supervision Establish large-scale goals and policies ​ DOCUMENTS REQUIRED ​ Applicant: ​ Evidence of permanent job offers from U.S. employers. Ability to conduct business in an executive or managerial capacity. Resume Diploma Confirmation documentation to verify the transfer Affirmation of applicant’s managerial or executive position. ​ U.S. Employer ​ Business License Incorporation documents Business plan Organization charts Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow) Description and letterhead of company business Pictures of main office, factories, and buildings (Outside and inside) Bank Statements Organization Structure Proof of business transactions Articles of incorporation Income taxes for the past 3 years Lease of business location Stock certificates Green Card Process STEP 1: YOUR U.S. EMPLOYER MUST FILE USCIS FORM I-140, PETITION FOR ALIEN WORKER ​ As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. STEP 2: OUTSIDE THE U.S. YOU WILL NEED TO GO THROUGH CONSULAR PROCESSING ​ Make an appointment with the U.S. consulate or embassy in your home country and travel there for an interview with a consular officer. You will need to complete the DS-260 online immigrant visa application and bring the printed confirmation page to your interview. If the officer clears you, then you will be able to travel to the U.S. under legal permanent resident status. After a brief background check, the officer at the U.S. port of entry (border, seaport, or airport) will stamp your passport for entry. Your EB-1C green card will be mailed to you shortly. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Immigrant Investor Program The EB5 visa offers US permanent residency in exchange for a minimum $900,000 investment in the United States. It is one of the fastest and most effective routes to a Green Card, which offers freedom to live, work, study or retire anywhere in America. The government makes 10,000 of these green cards available every year and, so far, the number of applicants has always been below the cap. The key advantage of this Visa is the speed with which you can get a green card. The downside is that it is a very complex legal area and the Visa petition requires extensive documentation. Also, the EB-5 Visa requires a substantial investment. Requirements & Eligibility There are 5 main criteria to get an EB-5 Visa. They are as follows: You must invest or be actively in the process of investing either $1,800,000 or $900,000 (the lower, $900,000 investment is permitted in rural or high unemployment settings, which are also known as “targeted employment areas,” or “TEA”) You must show that the funds come from a legitimate source The entire amount of the investment must be active or at risk (this means that you cannot just be thinking about buying a business, and you have to put up capital that could be lost) You must make the investment in a “new” or “existing business enterprise” (this allows you to create your own business or buy one); and You must demonstrate that the investment directly or indirectly results in the creation or preservation of ten full time jobs. If you can meet these criteria, you are well on your way to getting an EB-5 Visa. The process, though, is not simple, and you will need a qualified lawyer (and perhaps an accountant) to navigate through this complex area. When filing your petition you must apply to the United States Citizenship and Immigration Services (“USCIS”) and submit a number of required documents including: immigration forms, personal financial information, business plans, a legal brief summarizing how you have met all of the elements of the statute, and other supporting evidence. ​ CAPITAL INVESTMENT REQUIREMENTS ​ Capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by immigrant investors, if they are personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital will be valued at fair-market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) will not be considered capital. Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) under certain circumstances. The minimum investment amounts by filing date and investment location are: ​ A targeted employment area can be, at the time of investment, either: A Rural Area: any area other than an area within a metropolitan statistical area (MSA) having a population of 20,000 or more An Area with high unemployment: Where the new commercial enterprise is principally doing business and the area has experienced an average unemployment rate of at least 150% of the national average unemployment rate. ​ ​ JOB CREATION REQUIREMENTS ​ An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. Direct investment: not located within a regional center, must itself be the employer of the qualifying employees. Regional center: can directly or indirectly create full-time positions by creating: Direct jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs. Indirect jobs created as a result of the new commercial enterprise. Troubled business: investors may rely on job maintenance. Must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years. Application Process There are a number of steps that investors must complete to get a green card through the EB-5 visa program. The process is complicated, but if you have the funds, this is an excellent way for someone and their family to get green cards and ultimately become U.S. citizens. Here are the 5 (five) key steps to get an EB-5 Visa: ​ Step 1: Find The Appropriate Investment “Project” ​ Individual investor must locate an investment project or business on their own Investors can invest through “Regional Centers” Regional Center Pilot Program: investors can act more as passive investors and contribute funds to government-recognized entities ​ Step 2: Make a Capital Investment and Your Attorney Files an I-526 Petition ​ Invest the required investment amount in the project that they have chosen Often made into an escrow account I-526 Petition: Prove creation of 10 full time jobs, usually supported by a comprehensive business plan Prove that the funds came from a legitimate source ​ Step 3: Request for Information ​ An EB-5 Visa petition is an extremely complex and document-intensive petition New enterprise: the exact nature or basis of the financial data or strategy may not be apparent Government often requests additional information from applicants after the I-526 has been filed ​ Step 4: Apply For A Conditional Green Card (Part 1) ​ One of requirements for EB-5 is hiring 10 full-time U.S. workers Government will issue you a conditional green card for two years At the end of the two years: prove that you have hired the required employees Eligible for this conditional green card once their I-526 petition has been approved ​ Step 5: Removal of Conditions on the Green Card (Part 2) ​ File an I-829 petition 90 days prior to the anniversary of the date that the applicant first received their conditional residency Government usually issues a permanent green card around 6 months Wait for “USCIS” and Department of State to schedule an interview Before getting “official” green card, it has conditions imposed for a two-year period COMMON QUESTIONS WHAT ARE PHYSICAL PRESENCE REQUIREMENTS FOR EB-5 INVESTORS? There is no 180-day rule. If you have a green card, you are expected to live here and pay taxes. You are allowed to be abroad for a few months with good reason. If you out for more than one year, the green card is technically terminated. For this reason, you should apply for a re-entry permit which authorizes absences of up to two years, if approved. HOW CAN I TRAVEL WITH MY EB-5 I-829 RECEIPT NOTICE IN THE ABSENCE OF A GREEN CARD? The I-829 receipt extends your evidence of green card status for 18 months. Take a copy of the PR card, I-90 receipt and I-829 receipt. If you can get another passport stamp, get that, but they are hard to get these days. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Exchange Visitors The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa, also known as the Exchange Visitor Visa or J student visa, is for anyone outside of the US who wishes to take part in study- and work-related exchange programs approved by the Department of State Bureau of Educational and Cultural Affairs. To qualify for a J-1 visa, the first thing you need to do is apply for an exchange program (study or work) through an assigned sponsor in the US. Only after you are accepted into a program, you can apply for a J-1 visa. The J-1 visa has 15 categories of eligible roles and/or program types: ​ Au Pair Camp Counselor College and University Student Secondary School Student Government Visitor International Visitor Physician Professor Research Scholar Short-Term Scholar Specialist Summer Work Travel Teacher Trainee Intern ​ CAN YOU WORK IN THE US WITH A J-1 VISA? ​ Yes, you can! J-1 students are permitted to work while studying, as long as they obtain work authorization. There are certain restrictions, such as only working part time on campus for a maximum of 20 hours per week. Students are permitted to work full time during academic breaks. ​ TWO-YEAR HOME RESIDENCY REQUIREMENT ​ A J-1 visa is issued with several conditions attached, one of which is that after your program is over and your visa expires, you have to return to your home country and live for two years. You are subject to this condition if you are a part of a: Government-funded Exchange Program. Specialized Knowledge or Skill. Graduate Medical Education/Training. During this time, you cannot apply for the following visas: An immigrant visa. A temporary worker (H). An intracompany transferee (L). A fiancé visa. Requirements and eligibility DOCUMENTATION ​ When you apply for a J-1 visa, you at least need to prepare the following documents: Passport. Your passport must be valid for at least six months after you depart from the country unless there are specific exemptions depending on where you are from. Photograph. Submit your photograph when you complete the visa application form online. If your photo is not uploading, then bring a physical copy but, please make sure to follow the instructions on how to take your visa photo. Non-immigrant visa application form. Fill in form DS-160 online and bring the confirmation page with you to the embassy/consulate. Visa fee receipt. If you are required to pay the visa fee before your interview, bring your receipt. Form DS- 2019. After you are accepted into your exchange program, your sponsor registers you into SEVIS (Student and Exchange Visitor Information System). Afterward, you will receive this DS form, and you may be required to pay a form fee. Form DS- 7002. If you’re a participant in the J-1 trainee and intern categories, you will also need this form. J1 visa health insurance. You must have health insurance coverage and it is the sponsor’s responsibility to ensure that you have purchased one. You may also be asked to provide additional documents for the review process, such as evidence of: The purpose of your travel; Your intent to depart the United States after your travel; Your ability to pay all travel costs. Evidence of your employment and/or your family ties may be sufficient to show the purpose of your travel and your intent to return to your home country. If you cannot cover all the costs for your travel, you may show evidence that another person will cover some or all costs for your travel. You need to review the instructions from the US embassy or consulate where you apply. After you submit your application, remember to get a payment receipt to present at your visa interview. Application process Period of Stay/Extension of Stay The length of time for which you will be allowed to stay in the U.S. on a J-1 exchange visitor visa depends on the type of program you will be participating in and the dates of your planned participation. Family of the J-1 Plenty of Exchange Visitors travel to the United States with their spouse and children. These family members receive J-2 visas. They are able to attend school and work (conditionally) in the country for the duration of the primary J-1 visa holder’s program. ​ HOW TO REQUEST A SEPARATE FAMILY DS-2019 ​ Step 1: Gather Supporting Information and Documents: Have the scholar provide a scan of the dependent’s passport biographic page and any new documentation of funding. Step 2: ISO Issues DS-2019: Use the information on the scholar’s most recent visa request and the documents gathered to complete the Add J-2 Dependent Request and submit it. You will receive a confirmation email. ISO will then issue a new DS-2019 for the J-2 dependent. Step 3: Send DS-2019 on to Exchange Visitor: Send the original DS-2019 and attachments to the J-1 exchange visitor in hard copy. Do not send the exchange visitor a scan of the DS-2019; UW is forbidden by law from sending DS-2019s by scan or fax to outside parties. You may email the program number or SEVIS number from the DS-2019 to the exchange visitor to facilitate visa appointment scheduling at a U.S. consulate abroad. Step 4: J-2 Dependent Applies for Visa at Consulate and Enters U.S.: There is no check-in or SEVIS validation requirement for J-2 dependents. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back ELDER CARE AND ESTATE PLANNING Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long-term care. This change in society is a result of an aging population Living beyond the normal retirement age as a result of advanced medical care, better nutrition, and increased exercise. In order to address the needs of this new paradigm, families need to consider the cost of long-term care and how they are going to pay for it. Our services cover Wills and Trusts, Asset Protection, Special Needs Planning, Medicaid, Adult Guardianship, Probate, Estate and Trust Administration. Our dedication to the areas of Elder Law and Estate Planning is founded in our appreciation of life and family values. Our process is tailored to the needs of our clients and is always focused on what is important to you. It is designed to ensure that you have an estate plan that actually works and your experience with our process is pleasant and stress-free. We believe in creating value for our clients through compassionate and competent representation in every matter we undertake. ​ WHY CHOOSE US? ​ Estate planning and elder law issues are ultimately about family. Whether you want to protect your family after you are gone, ensure the best care for your aging parents, or enforce the wishes of a deceased loved one, you want to work with attorneys who understand that families can be complicated and that every client deserves their utmost respect and undivided attention. At Buschkin Law Firm, we are committed to providing your family with the best possible estate planning legal services. When you work with us, you can expect: ​ Care and compassion. We relate to our clients on a personal level and are always completely honest, straightforward, and authentic in our interactions. ​ ​ Responsiveness. We are committed to answering questions and responding to clients’ needs as quickly as possible, but we also take the time to get to know each of our clients and their families so that we can find the solutions that work best for them. ​ ​ The comfort that our work brings to our clients and their families is the passion that drives us to provide results-driven legal services with a personal touch. ​ Making decisions about what you want for your family members, your home, and your assets should you become debilitated or die is extremely difficult and intensely personal. You need to work with attorneys you can trust to thoroughly explain your options and address your concerns with compassion and empathy. We provide a level of personal attention that is unmatched, treating our clients with the utmost respect and concern. Buschkin Law Firm makes an effort to look at your entire life to help you build a plan or litigate an issue in a way that meets your personal goals. We do not see estate planning and elder law clients in terms of single transactions, but rather as an opportunity to build a long-term relationship. SERVICES ESTATE PLANNING Planning is the key in preserving your assets. We help clients design and implement strategies that provide for the administration and disposition of assets during your life and in the event of incapacity or death. Read More SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. Read More WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. Read More ESTATE & TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor, or personal representative of their loved one’s estate, as well as professional fiduciaries who serve in that capacity. Read More MEDICAID Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. Read More ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. Read More PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. Read More GUARDIANSHIP It’s always best to be prepared. Make tough times easier on your family by setting up advance directives. In an emergency, assign your own guardian. Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Labor Condition Application The Labor Condition Application is a form that a sponsoring employer files with the Department of Labor on behalf of any H-1B employees that the employer may be hiring. It is often one of the first steps that a sponsoring employer must take when trying to hire an H-1B employee. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa. LCA Attestations A well-prepared LCA contains four different attestations from the employer. The attestation is a factual statement supported with evidence. In fact, the U.S. Department of Labor requires employers to provide and maintain documentation supporting that the following four main labor conditions have been met: Application process To get an LCA, your employer needs to file an ETA 9035 with the Department of Labour long before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window. If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April. This is why it is important to obtain an LCA well before the start of the filing season. Processing times and Period of Stay/Extension of Stay The typical processing time is 7 days, but this can easily vary from case to case based on how busy the DOL is at the time, when dealing with bureaucracy, you have to factor in delays or high volume periods. The initial validity period for the H-1B Labour Condition Application is three years, just like the H-1B. Some factors that can shorten this are: Termination of H-1B status Strike or lockout at place of work. If an employer becomes H-1B dependent, this can have a negative impact on the LCA. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Advanced Degree or Exceptional Ability This is an Employment Based green card category and is available to individuals who are a member of professions holding an advanced degree or those who have exceptional ability. This page deals with an EB-2 through the National Interest Waiver process The employer can petition but the applicant can also self petition. The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”. In addition, it must be shown that the applicant's “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Requirements and eligibility DOCUMENTATION When you attend an interview at your local U.S. Consulate or Embassy for your immigrant visa, you will be asked to bring with you a number of documents. These may include the following: A passport that is valid for at least six months beyond the intended date of entry into the U.S. The confirmation page of the DS-260 (Immigrant Visa and Alien Registration Application) Two 2×2 photographs that meet U.S. Visa standards Any relevant immigration documents received after your petition was filed A letter from your employer confirming employment Completed Medical Examination and Proof of Vaccination Forms Marriage and birth certificates if you are interviewing with your family who will also come with you to the U.S. All documents submitted should be in their original form. These will be given back to you usually at the end of the interview. Application Process To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An NIW petition can be filed by an employer or can be a self petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel. The following evidence should be submitted with Form I-485: Two passport-style photos Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) Copy of Form I-797, Approval notice for I-140 Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending) Form I-693, Medical Examination and Vaccination Record Photocopy of the Form I-797 Approval Notices for all extensions and changes of status Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations) Applicable fees Form G-28, if you have an attorney representing your case Period of stay / Family These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Your spouse and children can all join in the green card process. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS ​ To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: ​ ​ Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? ​ A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back ESTATE &TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor or personal representative of their loved one’s estate, as well as professional fiduciaries (corporate trustees and professional guardians) who serve in that capacity. HOW WE CAN HELP: Advise trustees on legal aspects of trust administration Ensure that distributions are carried out according to the wishes of the grantor Navigate through the maze of rules and regulations Our level of involvement is different depending on the case: while some clients need only minimal guidance on their duties and legal obligation as personal representatives and trustees, others desire additional engagement from their attorneys. We will accommodate both types of demands for services. TRUST ADMINISTRATION Trust administration refers to the trustees’ management of trust property according to the trust document’s terms and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to safeguard effective administration. It is recommended to work with an attorney to help facilitate the process for the trustees throughout the process. ESTATE ADMINISTRATION Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. We advise trustees on legal issues related to trust administration. With our knowledge, we offer our clients the tools they need to make difficult decisions and fulfill their fiduciary obligations to the beneficiaries. Having a properly drafted and funded trust may help you avoid the stressful and complex probate process. But even when the courts are not involved in overseeing the administration of a trust, the trustee nevertheless has many of the same responsibilities as a representative in probate proceedings. The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort, and knowledge of law. At Buschkin Law Firm, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US