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Back E2 - Treaty Investors There are many ways to live and work in the U.S. However, the E-2 represents one of the few ways to build your own business as a foreign entrepreneur. The process of obtaining this visa is relatively uncomplicated compared to popular visas like the H-1B, but qualifying is a different story. Find out what you need to be eligible for the E-2 treaty investor visa. E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Essentially what this visa does is enable the foreign investor to develop or carry out the investment/ trade activities of the business. Processing times and Period of Stay/Extension of Stay An E-2 visa is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. Once the documentation is prepared, the processing time depends on the processing time at the consulate that is located in the applicant’s country. This could range from 3 weeks to 3 months (or longer). Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 non-immigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States. Requirements & Eligibility YOU MUST BE A NATIONAL OF A TREATY COUNTRY ​ Only available to people from the countries that the U.S. has a Treaty with. Many Western countries are on the list but there are also countries from Africa, Asia, and the Middle East on the list . ​ YOU MUST HAVE INVESTED OR BE ACTIVELY IN THE PROCESS OF INVESTING IN THE ENTERPRISE ​ In order to satisfy this part of the test, you must fulfil three requirements. ​ Show Legitimate Possession and Control of the Funds ​ Must invest funds that you have obtained by lawful means Must prove to the government that you either saved the money, were given the money as a gift, or legitimately earned the money To prove this you need tax returns, bank statements, investment accounts, and more ​ All Funds Invested Must Be “At Risk” and Irrevocably Committed ​ All of the assets invested must be personal assets subject to risk of loss Loans are fine but you must be on the hook if there is a loss and this requirement forces you to sign contracts and/or spend money prior to the approval of the Visa At-risk money does include credit card debt or other loans as long as those debts are not secured by business assets or in the name of a limited liability business ​ You Must Be Close to Starting the Business ​ The U.S. government does not want to approve Visas for people who “may” set up a business in the U.S. or who have a “desire” to start a business Must be at the start up ready phase Should have a signed lease Business bank account should be set up Should have a website Should have purchased whatever you need to get the business up and running ​ YOU MUST BE IN A POSITION TO “DEVELOP & DIRECT” THE BUSINESS WITH SKILLS ​ You must be the one that is going to direct and run the business Must have the appropriate skill set such that the government has faith that the business will be viable Educational background and experience should suggest that you will be in a position to make the business a success ​ YOUR INVESTMENT MUST BE SUBSTANTIAL ​ Investment could be as low as $15,000 or as high as millions Idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment Make sure to keep records of all of your expenditures since the government will want to see them A substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. ​ YOUR INVESTMENT & BUSINESS CANNOT BE MARGINAL ​ Business cannot be set up so that it provides a means of living just for yourself and your family Put together a business plan that shows growth over a 5-year period or by showing that you plan to hire employees in the future. ​ YOU MUST INTEND TO RETURN TO YOUR HOME COUNTRY AFTER EXPIRATION OF THE E-2 VISA ​ Sign a document that indicates you plan to return home once your visa expires You do not have to show any ties to your home country Application Process There are two ways you can apply for an E-2 visa. These are described below. ​ APPLYING FOR AN E-2 VISA WHILE IN THE U.S. (CHANGE OF STATUS) ​ Step 1: While having another type of VISA, you can file a petition to change status to an E-2 visa with the United States Citizen and Immigration Services (USCIS). Step2: The I-129 form you must file is the same form filed for many other non-immigrant visas (e.g. H-1B), and you would also complete the E-2 visa supplement. Step 3: This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-2 visa requirements. Change of status does NOT permit you to re-enter the country the way an E-2 visa would ​ Step 4: E-2 status is typically granted for a 2-year period. if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file a Form I-539 ​ APPLYING FOR AN E-2 VISA AT A CONSULATE (AN E-2 VISA) ​ Step 1: If you are outside of the U.S., you must file a DS-160, a long application that is completed online. You must also complete a DS-156E supplement. ​ Step 2: The documentation that you must provide is generally the same as the documentation required to file within the U.S. with USCIS. The consulate may impose some additional, specific procedural requirements. ​ Step 3: E-2 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate DS-160 applications must be completed for them. ​ ​ A FEW THINGS TO CONSIDER WHEN DECIDING ​ If you have been granted a change of status and leave the U.S., you must qualify for an E-visa at a consulate before re-entering. You must reapply for the E-2 from scratch and submit all supporting documentation as if the application were a new one. If you are in E-2 status as a result of a change in status, this fact will not speed up your consular adjudication or otherwise expedite your E-visa application at a consulate. Consular E-visas can be issued for 5 years whereas USCIS will only issue E-2 status for 2 years. Note that this could be particularly relevant in light of the marginality requirement of the E-2 visa. Convert E-2 visa to Green Card While no US non-immigrant visa automatically leads to a Green Card some of the common options include: ​ E-2 AND EB-5 INVESTOR VISA PROGRAM ​ This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain a “green card” over the longer-term. ​ DIRECT EB-5 ​ If your E-2 business becomes large enough and employs enough people, it may be eligible for a Direct EB-5 visa. The minimum investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million. ​ REGIONAL CENTER EB-5 ​ Tying E-2 business to the requirements of the EB-5 program can be commercially restrictive, many people who pursue a Green Card from E-2 through EB-5 prefer to invest with a Regional Center instead. For example, it can be a challenge to maintain headcount to meet the EB-5 rules. Failure to do so can put your Green Card at risk. ​ E2 AND EB1(C) FOR THE INTERNATIONAL MANAGER OR EXECUTIVE ​ You must be a business in your home country with a qualifying relationship to your US E-2 Business and have worked at the overseas company for at least one of the three years immediately prior to moving to the United States on your E-2 Visa. You must also demonstrate an “intent to depart” when you apply for your E-2 Visa, which can conflict with plans to obtain a Green Card under EB-1c. It is vital you discuss your options with an immigration attorney at the beginning of the process. ​ 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 FRANCHISE LAW Whether taking a proactive role in helping clients to prevent future disputes, representing members of an organization in a corporate dissolution, or handling complex business litigation in a state or federal court – Buschkin Law Firm prides itself on providing clients with uncompromising advocacy and respected professionalism in all aspects of legal representation. If you are looking to buy a franchise, then caution should be exercised before leaping into the opportunity so as to avoid potential risks. Understand the commitment you are undertaking and your rights and obligations as a franchisee. Buschkin Law Firm can help in all aspects of franchise law. If you are a potential franchisee, your business documents are key. Therefore, it is critical to ensure that they are valid, comprehensive and fair before you make a purchase decision. At Buschkin Law Firm, through meticulous contract review and negotiation, we will work to protect your interests. The trademark is the cornerstone of what you are buying with a franchise investment. Our Firm will check that the trademark is a live, valid, federally registered trademark. This process involves checking state records to ensure there will be no trademark infringement claim brought against you. We will also learn about the background of the people and company along with the franchisor’s litigation and bankruptcy disclosures, among other records. In addition, we will review the terms of the franchise agreement and explain the franchisor’s obligations to the franchisees and vice versa. At Buschkin Law Firm, we are prepared to put our experience and insight to work for you as you enter into the world of franchise ownership. Franchise law encompasses rules and regulations at both the state and federal levels. It is essential to have someone on your side who understands this complex network and the impact these laws may have on your business venture. When you come to us, we will provide comprehensive, personalized representation at every stage of the process. This includes setting up your legal entity for you and helping negotiate the commercial lease for your business. Franchise Disclosure Document Read More Franchise Rule 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 SERVICES SETTING UP A FRANCHISE SYSTEM Read More FRANCHISE DISCLOSURE ISSUES Read More BUYING A FRANCHISE Read More SELLING A FRANCHISE Read More FRANCHISEE ASSOCIATIONS Read More DISPUTE RESOLUTION Read More AREA DEVELOPMENT AGREEMENTS Read More PROTECTED MARKETING AREAS Read More REAL ESTATE ASPECTS OF FRANCHISING Read More STRUCTURING BUSINESS ENTITIES Read More

Back 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. HOW WE CAN HELP: Evaluate legal risks your assets are exposed to Design and implement a comprehensive asset protection plan Create a strategy to protect your assets for multiple generations Successful people know that preserving wealth is sometimes more difficult than creating it. The risk exposure of your assets is largely determined by financial and managerial decisions, but it can also be affected by legal risks you and your loved ones might be exposed to. Originally developed for professionals, business owners, and investors, asset protection services are now just as important for ordinary people seeking to preserve the wealth accumulated during their productive life. Widespread use of personal guaranties by banks and creditors has created overwhelming personal exposure for most business owners and investors. Several factors have increased the need for proper asset protection planning, including professional and personal liability, frequent abuses of the legal system, and aggressive tactics employed by unscrupulous creditors and other third parties. A proper asset protection analysis will evaluate present solvency issues and identify the best legal structure for allocating and holding your assets, using multiple tools and techniques available under law. Unfortunately, there are common misconceptions about the security of home equity, 401k, IRA, and 529 plans, insurance and annuity products, trusts, joint checking accounts, and various other assets and investment vehicles. For that reason, it is crucial to understand the risks associated with holding or transferring your assets without proper planning. While it is important to consider which assets can be placed beyond the reach of creditors, it is also critical to understand whether the assets will be afforded the same protections when transferred to your beneficiaries as a part of your estate. At Buschkin Law Firm, we will assess the risks and help you with the development and implementation of a comprehensive asset protection plan. We will show you how to protect your business, your property, and your personal assets for you and your loved ones. 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 START-UP LAW We'll help you power up your start-up with expert legal advice At Buschkin Law Firm, we excel in assisting with business sales and purchases. Our expertise lies in working closely with your accountant to ensure tax efficiency and minimize liability exposure. We skillfully negotiate the most favorable terms for our clients, while also alerting them to any potential issues. Our commitment to building strong client relationships is a key factor in our ability to contribute to their growth and success. Entity Formation: Law firms can help start-ups select the appropriate legal structure, such as LLC, corporation, or partnership, based on factors like liability protection, tax implications, and ownership structure. Intellectual Property Protection: Start-ups often possess valuable intellectual property (IP) assets, such as patents, trademarks, and copyrights. A law firm can help with the process of registering and protecting these assets to prevent infringement and ensure exclusivity. Contracts and Agreements: Law firms can draft, review, and negotiate various contracts critical to start-ups, including customer agreements, vendor contracts, partnership agreements, employment contracts, and more. These documents help define the terms of business relationships and protect the interests of the start-up. Funding and Investment: For start-ups seeking funding, law firms can assist in preparing investment documents like term sheets and shareholder agreements, ensuring compliance with securities laws and regulations. Regulatory Compliance: Start-ups often operate in regulated industries. Law firms can guide them through the complex landscape of regulatory requirements, helping them stay compliant with laws related to data protection, consumer rights, industry-specific regulations, and more Licensing and Regulatory Approvals: Some start-ups require licenses or approvals to operate legally in certain industries. A law firm can help navigate the application process and ensure compliance. Exit Strategies: As start-ups grow, they may consider exit strategies like mergers, acquisitions, or IPOs. A law firm can provide guidance on the legal aspects of such transactions, ensuring a smooth transition and favorable terms. 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 Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected 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

Back Specialty Occupations The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) has a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years. This is a very popular visa because, unlike many other non-immigrant visas that make applying for a green card very difficult and require foreign workers to maintain a residence in their home country, the H-1B visa permits “dual intent.” Dual intent allows one to apply for a green card while in the U.S. without running into problems. Requirements and eligibility QUALIFICATIONS LABOR CONDITION APPLICATION (LCA) Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the place of employment. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment. Application Process Processing times and Period of Stay/Extension of Stay Labor certification is done prior to filing the H-1B petition, and it usually takes about 2 weeks to get an answer from the Department of Labor. Premium processing is available and you can have an answer in 15 calendar days. Premium processing will cost you an additional $1,440, but it is generally well worth it to keep your place in line. Family of H-1B Visa holders H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H-4 visa category as dependents. While dependents are permitted to remain in the U.S., an H-4 visa holder is not eligible to work in the U.S. They can, however, attend school, obtain a driver’s license, and open a bank account while in the U.S. The spouse of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident 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 MEDICAID PLANNING 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. HOW WE CAN HELP YOU: Assist in obtaining government benefits to pay for skilled nursing and in-home care Protect your assets for yourself and your family Navigate through the maze of rules and regulations There are many misconceptions about Medicaid qualification and the “spend down” process. With proper planning, you don’t have to lose everything to a nursing home if you, your spouse, or your parent is in need of long-term care. At Buschkin Law Firm, we understand the difficulties our clients and their families are faced with at the time of a crisis, as well as the level of stress associated with it. Our narrow focus on Elder Law and Estate Planning allows us to develop a solution that alleviates the burden on a client and his or her family. By combining Estate Planning with end-of-life advocacy, our goal is to protect the elderly and disabled, the most vulnerable groups among us. Upon getting to know you and your family, your health care needs, your values, and your preferences, we will work together on developing an estate plan that is right for you and your loved ones. As such, we assist senior citizens and their families on matters related to Medicaid and VA qualifications, guardianships, special needs, and disability planning, and more. When a crisis happens, you need an experienced attorney who you can trust to help you navigate through the convoluted world of wills, trusts and estates, and related government regulations. We will be by your side to plan for the future and protect what is truly important to you. COMMON QUESTIONS WHAT IS MEDICAID PLANNING? Most people know Medicaid as the government medical assistance program for people under a certain income level. Where Medicare pays for doctors, hospitals, and prescriptions, it does not cover long-term nursing homes or in-home care for the elderly. Medicaid is a valuable tool that can be used to pay for a nursing home or in-home care if the person’s countable assets are below a certain amount. DO I NEED TO PLAN FOR MEDICAID NOW? Unfortunately, 2 out of 3 senior citizens will need long-term care at some point. Although no one wants to believe that they will need nursing home care, the reality is that many of us will. ​ If you or a loved one is a senior citizen, it is important to visit an estate planning or elder law attorney who can help walk you through the estate planning process. Because Medicaid considers gifts and other transfers you make (including those made to trusts) within five years of the date you apply for Medicaid, it is important to begin Medicaid planning early, before you and your spouse are actually in need of long-term care. 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 Franchise Disclosure Document (FDD) The disclosure document typically used to comply with the Rule is called a Franchise Disclosure Document (FDD), which contains categories of information about the franchise's operations such as: required fees basic investment bankruptcy and litigation history of the company how long the franchise will be in effect a financial statement of the franchisor, and earnings claims. Before you invest in any franchise you should: (a) Get a copy of the franchisor’s Franchise Disclosure Document (FDD) (b) Receive the document at least 14 days before you are asked to sign any contract or pay any money to the franchisor or an affiliate of the franchisor (c) Get a copy of the franchisor’s FDD before you spend any money to investigate the franchise offering ​ The cover of the FDD must provide information about the available formats. Make sure you have a copy of the FDD in a format that is convenient for you and keep a copy for reference. Most important items in the Franchise Disclosure Document (FDD) The International Franchise Association considers the six sections of the Franchise Disclosure Document to be critical pieces of information to help you evaluate a potential franchise for purchase: Item 7: Costs. Some of these costs are averages or estimates and may vary in your area. Talk to other franchisees who have been in the system for a year or more to see: ​ (a) How much money they needed in the beginning until they became profitable. (b) How much they were able to draw from the business to support themselves. ​ Item 11: Franchisor's obligations. Be sure you understand the services you will get before you open: (a) site selection (b) training (c) development assistance Be sure you know what services you will receive for your grand opening (marketing, advertising, field support) and what services you will receive after you begin operating your business (training, advertising, operations) Pay particular attention to those services the franchisor is obligated to provide and the services they may provide. ​ Item 17: Renewal, termination, transfer, and dispute resolution. Take your time to understand what rights you will have and what rights you are giving up. Pay particular attention to any non-compete provisions and your obligations when the franchise relationship ends. ​ Item 19: Financial performance representations. (a) Only 30 to 40 percent of all franchisors provide prospective franchisees with information about financial performance. ​ (b) The next best thing to do is to talk to existing franchisees about sales and earnings potential. ​ Item 20: Outlets and franchisee information. (a) Examine how many units the franchisor has taken back and resold. ​ (b) If this number is high, this could indicate churning (when the franchisor takes back failed locations and markets them over and over.) ​ (c) Pay attention to the contact information of the franchisees who have left the system, These are people you definitely want to talk to. ​ Item 21: Financial statements. (a) Financial statements are the track record of the franchisor. You should be given copies of the franchisor's last three years' financial statements. (b) Take them to an accountant who specializes in franchising to evaluate. (c) Remember that the financial condition of the franchisor not only affects its ability to run a financially successful operation in the future, but it also determines whether it may go under and you will be left "holding the bag." (d) The two key financial statements to focus on are the balance sheet and the income statement. Make sure they are audited. ​ Item 22: Contracts. Make sure that all the agreements listed are attached to the FDD-and read every one of them. Steps to Register a Franchise Disclosure Document (FDD) Under the franchise laws, a franchisor must issue and properly disclose Franchise Disclosure Document (FDD) before offering or selling a franchise. At the federal level and, in many states, there is no requirement to register an FDD. In the 13 states referred to as the franchise registration states, a franchisor must first register its FDD with the state franchise regulator before offering or selling a franchise in the state, these states are: ​ - California - Hawaii - Illinois - Indiana - Maryland - Michigan - Minnesota - New York - North Dakota - Rhode Island - Virginia - Washington - Wisconsin ​ In the 9 states referred to as the franchise filing states, a franchisor must first file a notice with the designated state regulator before offering or selling a franchise within the state, these states are: - Connecticut - Florida - Kentucky - Nebraska - North Carolina - South Carolina - South Dakota - Texas - Utah ​ THE STEPS INVOLVED IN REGISTERING YOUR FDD OR FILING YOUR FDD AT THE STATE LEVEL, INCLUDE: STEP 1. Identify the State(s) Involved in the Franchise Sale – First, determine the state(s) that are involved in your franchise sale. Factors that you should evaluate with your legal counsel include: (a) the state where the franchised business will be established; (b) the franchisee’s state of residence, (c) any state where franchise sales activities/negotiations occurred, and (d) the state from which your franchise company operates. ​ STEP 2. Determine each States Franchise Registration and Filing Status – Determine the FDD registration and filing status of the state(s) involved in your franchise sale. ​ STEP 3. Register / File your FDD – You must include with your application: (a) Copy of your FDD (b) Payment for the state’s registration fee. Once the application is received it will be reviewed by a state regulator. Below is a summary of the franchise registration states, the franchise filing states, the state regulators involved, how long FDD registration takes, and the application process. FRANCHISE REGISTRATION STATES - California: your FDD must be registered with the California Department of Corp orations: ​ - Hawaii: your FDD must be registered with the Business Registration Division of the Department of Commerce and Consume r Affairs ; - Illinois: your FDD must be registered with the Franchise Bureau of the Illinois Attorn ey General ; - Indiana: your FDD must be registered with the Securities Division of the Indiana Secreta ry of State ; - Maryland: your FDD must be registered with the Maryland Atto rney General; - Michigan: you must file a notice and register with the Michigan Secre tary of State ; - Minnesota: your FDD must be registered with the Securities Division of the Minnesota Departme nt of Commerce ; - New York: your FDD must be registered with the New York A ttorney General ; - North Dakota: your FDD must be registered with the North Dakota Secur ities Department ; - Rhode Island: your FDD must be registered with the Rhode Island Department of Bu siness Regulation ; - Virginia: your FDD must be registered with Virginia Corp oration Commission ; - Washington: your FDD must be registered with the Securities Division of the Washington State Department of Fin ancial Institutions ; and - Wisconsin: your FDD must be registered with the Securities Division of the Wisconsin Department of Fi nancial Institutions . ​ If your primary trademarks are not registered with the United States Patent and Trademark Office (the “USPTO”) then you must also register your FDD in: - Connecticut: your FDD must be registered with the Connecticut Department of Banking ; - North Carolina: your FDD must be registered with the North Carolina Secretary of Stat e ; - South Carolina: your FDD must be registered with the South Carolina Secretary of Sta te ; and - Maine: You must register as a business opportunity with Maine’s Office of Securit ies . ​ ​ FRANCHISE FILING STATES ​ For franchisors that have a federally registered trademark: the franchise filing states are: ​ - Florida: an annual franchise exemption must be filed with the Florida Department of Agriculture and Consumer Serv ices ; - South Dakota: an annual notice must be filed with the South Dakota Dept. of Labor & Regulation ; - Utah: an annual notice must be filed with the Utah Division of Consumer protection ; - Connecticut: a one-time exemption notice must be filed with the Connecticut Department of Banking ; - Kentucky: a one-time exemption notice must be filed with the Office of the Kentucky Attorney General ; - Nebraska: a one-time exemption notice must be filed with the Nebraska Department of Banking and Finance ; - North Carolina: a one-time exemption notice must be filed with the North Carolina Secretary of State ; - South Carolina: a one-time exemption notice should be filed with the South Carolina Secretary of State ; - Texas: a one-time exemption notice must be filed with the Texas Secretary of State . ​ ​ The additional Filing States if you do not have a federally registered trademark: - Georgia: a one-time filing of a Consent to Service of Process with the Georgia Secretary of Sta te . - Louisiana: a one-time filing of a Consent to Service of Process with the Louisiana Secretary of St ate . ​ HOW LONG DOES FDD REGISTRATION TAKE? Timing varies from state to state and FDD registration can take anywhere from 20 days to three months depending on the completeness of your FDD and the time of year it is filed. ​ UNIFORM FRANCHISE REGISTRATION APPLICATION There is variation among the states regarding certain disclosure requirements and supplements to the NASAA forms. Generally, your franchise registration application will include the following forms: - Uniform Franchise Registration Application page with data on the franchisor; - Certification page or “signature page”; - Consent to Service of Process; - Sales Agent Disclosure Form and the new Franchise Seller Disclosure Form; - Supplemental Information Form; - Copies of all advertising or promotional literature proposed to be used in the state; - Two paper copies of the disclosure document; - An auditors’ consent; and - Application fee. 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 STRUCTURING BUSINESS ENTITIES: Relationships Among Principals Which entity works for your business? S Corporation, C Corporation, Limited Partnership, Partnership, Limited Liability Company, Not-For-Profit Corporation? We will help you and your accountant make this decision and we will form your entity for you. You should have an agreement among yourselves to ensure that all of the issues are covered in order for you or any partner/shareholders who wish so be able represent themselves properly during matters at court. Issues covered in the agreement can be: How are decisions made? How will money be invested? What happens if one of the principals wants to sell his or her interest in the business What happens if a principal becomes disabled, or dies; how will his or her interest in the business be dealt with? You may be in need of our help to understand these and other issues. We're here for you with any task that requires discussion or negotiation. 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 RESTAURANT LAW The restaurant industry is an essential part of the economy in New York and New Jersey, if you own one or more restaurants in New York and New Jersey, you understand the complexity of state and federal laws governing the restaurant industry. Failure to stay in compliance with these regulations can result in your inability to operate your restaurant for a period of time, lawsuits, or even the closure of your restaurant, which is why a business law attorney knowledgeable in restaurant law at your side is essential. ​ At Buschkin Law Firm, we understand the competitive and fast-paced nature of the restaurant industry in New York and New Jersey , we are prepared to help you navigate any legal issues that arise. We understand how time-consuming owning a restaurant is for our clients, we stay on top of all developing state and federal laws affecting business owners so our clients don’t have to do so. As long as the Food Safety Modernization Act and others are created and applied, we stay abreast of developments and advise our clients on the practical impact these laws will have on the restaurant business. FRANCHISING IN THE RESTAURANT INDUSTRY If you’re considering purchasing a restaurant franchise or would like to franchise your restaurant, working with an experienced attorney is essential. With Buschkin Law Firm on your side, you can rest assured that your personal and business interests will be represented and protected. We can help you draft your franchise or dealer agreement in a way that protects you and your investments. Our law firm can also help you resolve any legal disputes that may arise during the franchise process. We understand the unique pitfalls that can occur in the franchise industry. We use our experience to look for cutting-edge solutions for franchisees and dealers in the restaurant industry, both in and out of court. 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 Individuals with Extraordinary Ability or Achievement O-1 visa is a great visa for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. One of the O-1 visa requirements is a consultation with a U.S. peer group, labor organization or management organization regarding the nature of the work you will be doing in the U.S. and your qualifications. Requirements and eligibility REQUIRED DOCUMENTATION FOR O-1 VISA ​ Along with your passport, visa fee receipt, and the notice of decision by the USCIS, the following is a concise list of all the documents you need to apply for an O-1 visa: Written consultation from someone with expertise in your field. Ex: a peer group, as relevant to your area of expertise . Copy of the written work contract that must include a summary of the agreement under which you will be employed. Document explaining the activities and events you will participate in. Must include the nature, start and end dates. And an itinerary of these activities/events. Proof of your extraordinary abilities or achievements. Some examples are: Proof you have received an award; Published articles relevant to your field; Contributed original research to your field; You are a member of a highly distinguished association or organization; or Have been paid a high salary for your skills and contribution ​ ​ REQUIRED DOCUMENTATION FOR O-2 VISA ​ Written consultation Support of an individual with extraordinary ability in athletics or the arts: must be from the appropriate labor organization. Support of an individual with extraordinary achievement in motion pictures or television: must come from an appropriate labor organization and a management organization with expertise in the skill area involved Proof of your extraordinary abilities or achievements Should establish that you have substantial experience performing the critical skills and essential support services for the O-1. For motion picture or television production, establish that significant production, including pre- and post-production, has taken place outside the United States and will take place inside the United States, and that your continuing participation is essential to the successful completion of the production. After petition is approved You can apply for your visa in the U.S. Embassy or Consulate Department of State (DOS) establishes visa application processing and issuance fees Application process APPLICATION PROCESS FOR AN O-1 VISA ​ File Form I-129, Petition for Nonimmigrant Worker (U.S. employer, U.S. agent, or foreign employer through a U.S. agent). Include required evidence according to the form instructions. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. ​ APPLICATION PROCESS FOR AN O-2 VISA ​ Employer or agent should file Form I-129, Petition for a Non-immigrant Worker, Include the required evidence according to the form instructions. Must petition for you in connection with the services of an O-1 artist or athlete, Both you and the O-1 artist or athlete must each have your own Form I-129. Employer or agent cannot file your Form I-129 more than one year before the artist or athlete will begin employment. File it at least 45 days before the date of employment. In addition to Form I-129, the petitioner must submit the documentary evidence discussed in the previous item. Processing times and Period of Stay/Extension of Stay With each step discussed above in mind, we can make an estimate on what the processing time will be. However, there are a number of factors that can drastically change the amount of time it will take. Form I-129: average of six months depending on caseload. Premium processing shortens your petition’s processing time to 15 calendar days Take into consideration the amount of time it will take to gather and organize the evidence required to prove your eligibility. If you are outside the U.S. and must go through consular processing, the O-1 processing time may be extended depending on when the consulate or embassy schedules your interview appointment. As an O non-immigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition. 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