When starting a business one of the most important decisions is to select the proper business entity for your business.  When creating your business, you have four basic entity types you can choose to use. Each one has its advantages and disadvantages, based on what you sell, your business’s finances, and the number of owners the business will have.

When choosing a business entity, you should consider: (1) the degree to which your personal assets are at risk from liabilities arising from your business; (2) how to best pursue tax advantages and avoid multiple layers of taxation; (3) the ability to attract potential investors; (4) the ability to offer ownership interests to key employees; and (5) the costs of operating and maintaining the business entity. However, when selecting a business entity, many entrepreneurs often do not consider an S Corporation because they do not understand what it is. This article explains what an S Corporation is and what its advantages and disadvantages are. Read More

When a foreign national marries a U.S. citizen, the foreign national becomes an immediate relative of the U.S. citizen spouse and may be able to apply for U.S. permanent residency as a result of the marital relationship. The biggest advantage of being classified as an immediate relative for U.S. immigration purposes is not being subject to preference categories and their accompanying priority date backlogs, since immigrant visas are always available under the immediate relative category. This article explains the process of family based adjustment of status through marriage to a U.S. citizen and the time frames involved. Read More

I’ve done a number of initial consultations with potential clients seeking an assessment of whether or not they have a claim for discrimination against their current or former employer under Title VII of the Civil Rights Act of 1964. If it is determined that enough initial evidence does exist to support a claim for discrimination, many do not understand the process required to file such a charge. This process involves filing an initial charge with the Equal Employment Opportunity Commission (EEOC) and obtaining a right to sue letter (RTS) from the EEOC before a lawsuit can commence. This article explains the process of filing a charge of discrimination under Title VII and what to expect during this process. Read More

One of the most common ways to acquire a Permanent Resident Card (Green Card) is by marriage. Although, many applicants have encountered issues with the process of acquiring a marriage based Green Card. One of the most common issues is the interview which is the final hurdle before the Green Card is issued. Many do not know what to expect during the interview process which typically occurs within 6 months of filing the application. This often leads to heading into the interview unprepared to properly answer the questions asked by the officer. Many applicants also do not understand that the purpose of the interview is to give the government the opportunity to test the validity of the marriage and their supporting documents. It is therefore of paramount importance that the applicant knows what to expect heading into the interview and be prepared.  Read More

Nothing is more daunting than making the decision to consult an attorney. The cost, uncertainty and length of litigation can be intimidating.  This is especially true in employment cases.  Employees often feel powerless, upset and that it’s a David vs. Goliath scenario with little chance of success. As a result, many choose to simply leave their jobs or carry on without consulting a lawyer to see if their rights have been infringed. This however, does not have to be such a daunting decision.  In deciding whether or not to consult a lawyer, it’s helpful to understand how to find a lawyer, what an initial consultation with a lawyer is and what may result from it. Read More

Acquiring a Green Card is a lengthy and often expensive process. Many Legal Permanent Residents (LPR’s) relax when they obtain a Green Card, believing that they can finally travel freely back and forth or even relocate to their home countries and can always reenter the U.S. using their Green Cards as a travel document. While a lengthy absence from the U.S. does not automatically cancel the LPR status of an alien, an extended absence may trigger the inquiry of the USCIS as to the alien’s intention to remain a permanent resident of the U.S. Further, unlike citizenship which cannot be taken away, LPR’s can have their Green Cards taken away for committing certain crimes.  As a result, many LPR’s mistakenly believe that acquiring a Green Card is the biggest hurdle to clear. However, as many of my clients have experienced, maintaining their Green Card can be as tricky as acquiring one. Read More

The Hintzen Law Firm applauds the U.S. Senate for passing comprehensive immigration reform legislation (S. 744) by a vote of 68-32 last Thursday. This vote reflects how far the country has come in understanding the significance of immigration reform to the health and well-being of the nation as a whole. Regardless of what may come next, last week’s vote reflects the irrefutable fact that the social and economic benefits of immigration reform are tangible and achievable. There will be much work ahead to continue to perfect the policies reflected in this bill. But for the moment, it provides a reasonable framework to deal with one of the greatest issues the nation has struggled with. Key elements of the bill are as follows: Read More

Last week HLF filed a federal complaint in DC District Court. The basis of the complaint was wrongful termination under the FMLA and DCFMLA. Below is a Washington Business Journal news article summarizing the lawsuit. Read More

People who have fled their country because they fear persecution may seek asylum so they may remain in the United States. Unlike other parts of immigration law, asylum and asylum-related protections are derived from international refugee law. International refugee law is designed to serve as substitute protection where the person’s own country has failed to protect the individual either because the country is unable or unwilling to protect an individual from persecution.  This article explains the difference between being a refugee and the process required to seek asylum in the United States. The article also explains the importance of using an experienced immigration attorney to guide applicants through a process that on its face may appear to be relatively simple. Read More

Employment discrimination law revolves around the Civil Rights Act of 1964, which makes it illegal for an employer to discriminate in hiring, firing, promoting, or giving raises on the basis of an employee’s characteristics such as age or gender. Discrimination occurs when your employer bases a decision regarding an employment condition on some legally protected attribute. Discrimination in the workplace can be especially difficult for workers based on the emotional toll it takes and can make the workplace unbearable. However, workers are legally protected from invidious workplace discrimination. Protection from illegal discrimination extends to several classes of employees, and includes the following: Age discrimination, disability discrimination, race discrimination, sex (gender) discrimination, sexual harassment, pregnancy discrimination, national origin discrimination and religious discrimination.  Read More