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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 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 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 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 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

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

Back Comprehensive Living Wills & Estate Planning Services Having peace of mind today sometimes requires planning for the future, we know how important it is to be prepared for any scenario. WHAT IS A LIVING WILL? A living will is a legal document that you sign, giving your doctors, family members, and loved ones instructions on the type of medical care you would like to receive if you are unable to communicate. Your living will can specify which life-prolonging procedures you agree to ahead of time, as well as those you do not consent to. Be sure to discuss your living will with your healthcare provider, as he or she can offer valuable insight into the details that may be necessary to include. Your religious beliefs may affect your final instructions and you should take time to discuss the drafting of a living will with your clergy so your living will reflect your religious beliefs. WHY DO I NEED A LIVING WILL? Sometimes injuries and illnesses leave people incapacitated and unable to communicate their end-of-life wishes. This can create a stressful situation for loved ones who must try to guess what the person’s wishes might be, and sometimes they will make decisions based on emotions rather than what their loved one would want. By drafting a living will, you remove all uncertainty about your end-of-life preferences and the sense of guilt your health care surrogate may have if there was no written living will. A written living will ensure that you will be treated the way you choose while also alleviating responsibility from the people closest to you. Your living will is not just about your care, it is also for the benefit of your loved one who will have to make that difficult end-of-life decision for you. A living will give them peace of mind as well. Whether you would like advice about drafting your living will appointing a power of attorney, managing trusts, or estate planning, contact us today to set up a consultation. 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 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. 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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 BUYING A FRANCHISE The terms and conditions of your franchise agreement (and all other relevant documents) will be reviewed with you. Some of the issues that should be considered include: ​ The length of the agreement and whether or not renewal is allowed are both important considerations when choosing an exclusive territory license; Requirements (including deadlines) to open the franchise; Refundability (or not) of the franchise fee; The franchiser’s trademarks; Conditions surrounding the opening of your franchised unit; Restrictions on transfer; Default/termination provisions; Requirements to refurbish/renovate the location; Venue and choice of law provisions with respect to dispute resolution. We will provide you with a comprehensive analysis of our insights and conclusions, along with any necessary modifications to ensure your agreement meets the standards set by franchisers. ​ We can also assist in negotiating these changes if purchasing an existing franchise business. We will review (or prepare) the purchase agreement and other necessary documents, negotiate the appropriate modifications and work with you through and after the closing. 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