Family offices, and the investment professionals serving them, have long been participants in traditional M&A transactions. Of late, however, middle market and lower-middle market family offices are experiencing an increased migration of private equity professionals from traditional private equity funds. This migration has prompted an increased need for investment professionals (and their advisors) to consider the often-perceived sleepy legal field of trusts and estates when structuring both a family office itself and its transactions.
Charlotte Immigration Associate Amanda Franklin was quoted in the Society For Human Resource Management’s (SRHM) article titled, “Stay Error-Free When Disposing of Old I-9s,” that was published on November 2.
With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and plan for renewals if necessary.
Online registration for the DV-2020 program begins on Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT), and concludes on Tuesday, November 6, 2018 at 12:00 noon, Eastern Standard Time (EST).Eligibility requirements and instructions for the DV Lottery can be found in the Federal Register. There is no fee to register for the program, however applicants must apply online by submitting an Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501) at dvlottery.state.gov. The registration via this site will open at noon EDT on Wednesday, October 3, 2018.
- Law360, 09.2018
Charlotte Privacy and Data Security Member Karin McGinnis was quoted in Law 360 on September 20. The article titled, “What In-House Counsel Can Do To Fight Cyberthreats,” discusses how in-house counsel can play a pivotal role in helping their businesses prepare for possible data breaches, as companies of all sizes across industries seek to maintain security amid unprecedented challenges from cyberattacks.
- 09.2018On October 1, 2018, USCIS will implement a fee increase for their premium processing service. The new fee for premium processing will be $1,410.00, a 14.92 percent increase from the current fee of $1,225.00.
USCIS announced that it will continue the current suspension of premium processing service for H-1B cap-subject petitions through an estimated date of February 19, 2019. In addition, as of September 11, 2018, USCIS will expand the suspension of premium processing services to all H-1B petitions filed at the Vermont and California Service Centers, excluding certain cap-exempt filings.
In its September Visa Bulletin, U.S. Department of State (DOS) announced that the final action dates for several employment-based (EB) visa categories will significantly retrogress as of September 1, 2018. This retrogression is expected to be temporary and as of October 1, 2018 (the first month of fiscal year 2019), the final action dates are anticipated to be returned to those established for August.
2018 is already shaping up to be an interesting election year. Legislative redistricting and a possible “Blue Wave” have given Democrats hopes of breaking the supermajorities in the North Carolina House of Representatives and Senate and hopes of winning a majority in one or both chambers of the North Carolina General Assembly. This election year also features a record number of women candidates matching the rise seen nationally.
Vacation season is just around the corner. Whether you are a tourist, U.S. permanent resident, or hold a temporary visa, having the proper documentation is essential to your international travel. Discovering an expired document too late can derail your travel plans and be costly to rectify. This brief guide will help you get a jump on organizing documents such as your passport, ESTA registration, green card or nonimmigrant visa.
- ABA Section of Litigation Trial Practice’s Summer, 05.2018
Charleston Litigation Member Robert Sumner and Associate Chuck Scarminach were recently published in the ABA Section of Litigation Trial Practice’s Summer Publication. The article titled, "When Do You Need an English Translator in Civil Depositions?", discusses how to determine when you should use a translator.
USCIS has announced that it has completed all data entry of FY2019 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery.
USCIS announced today that it has completed the "H-1B Cap Lottery" to select the number of petitions necessary to meet the H-1B cap for fiscal year (FY) 2019. This year, USCIS received 190,098 H-1B petitions during the filing period, which began on April 2, 2018.
U.S. Citizenship and Immigration Services (CIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2019, which begins on October 1, 2018.
USCIS announced that it will temporarily suspend premium processing service for H-1B petitions that are subject to this year’s H-1B cap. This suspension of premium processing will not apply to non-cap subject H-1B petitions, such as petitions for extension or amendment of H-1B status.
In what has been heralded by one side of the political aisle as an extraordinary opportunity to fix a broken tax system and criticized by the other as a hastened effort that only added to its complexity and the benefits provided to special interest groups, Congress passed what is informally known as The Tax Cuts and Jobs Act (the “Act”) on Dec. 20, 2017, and the President officially made it the most impactful tax legislation reforming the Internal Revenue Code (the “Code” or “IRC”) enacted in over 30 years on Dec. 22, 2017.
Kazakhstan has sought to position itself as the “Dubai of Central Asia” since the advent of the so-called “Dubai model” over a decade ago, with its capital Astana figuring as a global financial hub connecting Western Europe with Eastern Asia and serving as a gateway to China.
Congress must pass stopgap legislation to avert a shutdown of the federal government by Friday, January 19th at midnight. The bill, if passed, would fund the government through February 16, 2018, setting up another potential showdown just weeks from now. The stopgap legislation narrowly passed in the House, but is expected to face opposition in the Senate.
This week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21).
On April 1, 2018, USCIS will begin accepting cap subject H-1B petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who require H-1B sponsorship, such as:
On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who may require first time H-1B sponsorship, such as:
With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and begin planning for renewals if necessary. Planning ahead can alleviate much of the stress of international travel. Here are a few questions to ask while planning your travels:
On Sunday, October 8th, the U.S. State Department (DOS) announced that effective immediately, the issuance of nonimmigrant visas to Turkish citizens will be halted.
The U.S. Mission to Turkey has suspended nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. This decision came after the arrest of a U.S. consulate employee in Istanbul and it is not clear when this suspension will be lifted.
The October 1st start date for H-1B cap-subject petitions is rapidly approaching. Foreign nationals who were selected in this year's H-1B lottery and their petitioning companies should remember several key points about the H-1B status, travel and visa issuance.
USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions.
With the Financial Conduct Authority (the “FCA”) announcing in July 2017, essentially, its intent to no longer persuade or compel panel banks to make LIBOR submissions by the end of 2021, the future of LIBOR, and its role in the trillions of dollars of interest rate products that use it as a benchmark, including over-the-counter (“OTC”) interest rate swaps, has become more uncertain.
On September 24, 2017, the Trump Administration announced an expansion of its previous travel ban, adding several countries to the list designated in the original travel ban (Executive Order 13780).
USCIS has recently enacted two policy changes in regards to permanent residency applicants applying for Adjustment of Status (AOS). These changes impact applications for Advance Parole Travel Authorization (AP) as well as requirements for in-person interviews for the final adjudication of the I-485 Application for Adjustment of Status.
USCIS has resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. This includes petitions receipted in this year's H-1B lottery process, subject to the standard H-1B cap of 65,000 and the advanced degree cap of 20,000.
As of September 18, 2017, employers will be required to use the latest version of Form I-9, Employment Eligibility Verification. Form I-9 is required to verify the identity and employment authorization of all employees, including U.S. citizens.
USCIS released the new version of Form I-9 on July 17, 2017. Employers currently have the option to use the new version (dated 7/17/17 N) or continue using Form I-9 with a revision date of 11/14/16 N. However as of September 18, 2017, employers must use the new version.
- 68 S. C. L. Rev. 795, 09.2017
The complete, "Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easements" article can be viewed here.
On September 5, 2017, the Trump Administration formally announced its intent to end the Deferred Action for Childhood Arrivals program, also known as DACA. What follows is a practical guide on the impact of this latest decision for DACA beneficiaries and their employers.
Over the past decade, the independent sponsor model has become increasingly prevalent in the lower middle market, with investors interested in private companies actively seeking to coinvest with prominent or promising sponsors as a supplement to direct, brokered, or other deal flow channels.
- New York Law Journal, 08.2017
In response to the financial crisis, New York enacted new legislation requiring mandatory settlement conferences in foreclosure actions during which the foreclosing lender and the borrower must negotiate, in good faith, to determine if any foreclosure alternatives are available to the defendant borrower. However, that law conflicts with the prohibition in the Bankruptcy Code against a creditor taking any act that can be construed as trying to collect a discharged debt from a debtor. Thus, if a foreclosure action is commenced against a borrower who previously received a discharge on their mortgage loan debt, the lender is left with a “Catch 22″: comply with the CPLR and risk violating the Discharge Injunction, or vice versa.
On August 28, 2017, USCIS announced that it will begin expanding in-person interviews for certain permanent residency applicants, a change being implemented in response to Executive Order 13780, which pushed for more "uniform screening and vetting standards" in visa issuance.
On August 2, 2017, President Donald Trump announced his support for the Reforming American Immigration for Strong Employment ("RAISE") Act, introduced by Republican Senators Tom Cotton (AR) and David Perdue (GA).
The bill, in its current form, aims to halve the number of people who receive legal permanent residence ("green cards") over a decade and purports to move the United States to a "merit-based" immigration system.
The 2017 regular session of the N.C. General Assembly began on January 11 and adjourned in the early morning hours of June 30. Legislators addressed key issues including, among other things, repealing HB2, passing the biannual budget, and reorganizing parts of state government. While the regular session has adjourned, lawmakers plan to be back in Raleigh at least twice this year for extra sessions.
As of July 24, 2017, USCIS has resumed premium processing service for certain types of H-1B cap-exempt petitions. While premium processing is still not available for most H-1B petitions, USCIS announced that it will now accept premium processing requests for cap-exempt petitions if the H-1B petitioner is:
U.S. employers should be advised that USCIS has released a new version of Form I-9, Employment Eligibility Verification, and the new form will take effect as of September 18, 2017.