You may already know that the maximum number of H-1B recipients has been met for the fiscal year 2019. As you work with a visa attorney, it is normal to have more questions than answers at first. Here are some things that we know right now:
If you have plans to work in the United States, you may need to rethink your strategy. Some occupations have more success with the H-1B visa process than others, and it’s important to know the likelihood of your visa being granted. These occupations have been repeatedly denied for several years:
- Marketing Manager – The Occupational Outlook Handbook does not require a degree of any kind to fulfill this position, making it difficult to be approved.
- Business Development Manager – Market research analysts have been increasingly more challenging to attain visas for, and this occupation is very similar.
- Legal Technical Writer – This position is becoming increasingly more and more difficult to gain entry into the United States, and that includes extensions. Another problem for applicants is that the Occupational Outlook Handbook does not require a degree.
- Computer Programmer – The USCIS has deemed that a bachelor’s degree is not required for this position, making it very difficult to be accepted.
- Financial Analyst – Even though this position requires a degree, it may not be a special occupation if the industry you are applying to work with does not require a degree.
- Sales – This position has never had much success with the H-1B visa application process. It may be best to revisit your job description and try a different angle.
- The Arts – Besides fashion design and graphic design, the USCIS does not typically grant visas on these grounds.
If you were not selected in the H-1B visa lottery or if your chances of approval are low, there are other options to stay and work in the country.
- O-1 Visa – Also known as the “Extraordinary Ability” visa, this visa can be awarded to aliens with considerable talents in the sciences, education, business, athletics, and the arts. This visa allows aliens to live and work for up to three years in the United States, especially if they may have received national or international recognition for their talents. This visa is ideal for individuals who hold at least a master’s degree and have started their own business, designed a new patent, or are considered a leading expert in their field.
- TN Visa – The TN visa allows certain professions on the NAFTA list to be performed in the United States by Canadian and Mexican nationals. This visa expires after three years, but visa holders have the opportunity to apply for single year periods after that.
- E-3 Visa – Australian nationals may travel to the United States to work on special jobs as long as the have a bachelor’s degree or its equivalent. These candidates must work in a STEM occupational field in order to apply. The initial visa will last two years, and extensions can be granted for two year at a time.
Some of us have a thing for instant gratification. We love purchases, acquiring belongings, and buying things that make us and others happy. An attorney in Chicago was caught stealing recently and had to plead guilty to theft and fraud after it was found that he was spending up to $30,000 a month of money that wasn’t his, according to a recent news story.
According to The Chicago Tribune, a guilty plea was offered by the Chicago attorney for taking over $800,000 from clients in order to fund his lavish lifestyle. The Wheaton estate lawyer admitted he had a spending problem and took more than $800,000 from his clients to fund his lifestyle which included spending about $30,000 in home and renovation expenses. This is according to what prosecutors said in a hearing in which the defendant, Robert Beck pled guilty to theft.
If he did not enter the guilty plea, the defendant could have served up to 15 years, but other charges were dropped in exchange for his plea, and sentencing will begin on October 26th. Beck lost his ability to practice estate law, of course, and he found himself in need of a good criminal defense lawyer.
The State Attorney’s assistant Diane Michalak provided a narrative of his crime at the hearing. Beck had a case filed in 2015 after another attorney commented on how Beck might have been using his client’s funds. The investigators discovered that Beck was scheming with his clients’ money to hide what he was stealing. When interviewed, Beck admitted to using the funds in an incorrect manner without approval and committed the crime because his wife and him having a spending problem. Beck spent $30,000 before they discovered that he was paying off monthly car loans, purchase new furniture, remodeling his home, and pay off his boat. The majority of the money was given to him to build trusts and he assumed he could take advantage of the elderly. The theft began in 2011 when Beck processed a trust account for a woman who happened to die within the same year. He started making personal checks out of her account and putting them into his account. Over 18 months, he took over $189,000. They began spending $18,000 in 2011 and that figure increased to $29,000 by early 2014.
Theft and fraud are often crimes of convenience, in which an individual who has access (in this case, to people’s estate funds) chooses to steal for themselves. Beck stole from others to fund a lavish lifestyle, and he admitted to his crime. Whenever a person is accused of a crime like theft, it is important for them to consult with a criminal defense lawyer to discuss their legal options. In this case, a plea deal may have helped reduce certain charges against the defendant. An experienced criminal defense attorney can review the facts of the case and determine what the right course of action may be. You may wish to strike a deal with the prosecutor, or you may wish to take the case to trial and try to have the charges against you dropped altogether. It is also wise to know the penal code for your particular state, so you know what charges may be filed against you. I live in Texas, so a quick search revealed theft and fraud lawyers near me (I really liked the website of this theft and fraud lawyer in my town), who I would definitely turn to if I were accused of a crime like Beck was.
Keeping smoke out of welders’ breathing zone and making sure that the whole facility is free of welding fumes is a vital responsibility of manufacturers and plant owners. Manufacturers know that weld fumes threaten workers’ health and raise many other serious concerns, regardless of the operation performed – manual or robotic welding. If weld fumes are not captured, then the health of all workers (in the entire facility) can be put to risk.
Weld fumes contain toxic metals particulates. These less than a micrometer in diameter particulates are released into the air when welding wires get subjected to extreme heat and can be easily inhaled and absorbed into the body. Additionally, hexavalent chromium particulates, which are toxic, can travel in these fumes and cause different types of serious health problems, including cancer. The absence of a comprehensive weld fume control system will not only put the health of workers in an entire facility at risk, but may also be considered a violation of the Occupational Safety and Health Administration’s (OSHA’s) “General Duty Clause.” This directive requires manufacturers to provide a safe and healthy workplace and, with regard to welding facilities, to adhere to air contaminant requirements, one of which is to maintain the presence of specific toxic substances, like manganese and hexavalent chromium, within permissible exposure levels (PELs).
Industrial welding dust filtration and control, as explained in the website of RoboVent, may be effectively and efficiently accomplished thru the installation of a weld fume ventilation system for any of the following purposes:
- Manual Welding Source Capture. Source capture is a proven way to reduce weld fumes in manual welding operations. Collecting fumes at the point of welding ensures a more efficient means of capture and a higher degree of safety for workers.
- Manual Welding Ambient Systems. Ambient solutions for manual welding stations capture weld fumes from the environment, improving the air for workers and the entire facility.
- Portable Weld Fume Smoke Extraction. These self-contained systems enable workers to capture weld fumes from any location. When production lines or welding cells must remain flexible, these systems safeguard workers, no matter the situation.
- Robotic Welding. RoboVent offers multiple systems for addressing the special concerns of robotic welding. Cutting-edge collectors provide workers and facilities the highest levels of protection possible.
Manufacturers who are concerned about productivity and who make the safety of their workers top priority should never think twice investing in what will keep their facility clean and with good breathable air.
Effects of Car Accidents on Victims
Car accidents can happen even just because of a single mistake, such as when the driver has failed to negotiate a curve or when he has been too distracted to see an abruptly turning vehicle. Whatever the cause may be, nothing is going to change – damage has been done, and it may have significant effects to the victims involved.
Injuries are the first things that come to mind when it comes to car accidents. The worst injuries associated with traffic accidents are the following:
- Amputations, sustained from entrapments
- Brain trauma, sustained from hitting the head into a hard surface
- Facial disfigurement, sustained from getting hit by projectiles
- Fractures, sustained from receiving excessive force
- Paralysis, sustained from neck and back injuries
Whether the injury is minor or major, victims will most likely need medical attention as a precaution, and medical attention does not come for free. Depending on the severity of the injury, this can reach up to thousands of dollars.
It’s worse if the accident has occurred because of the recklessness of another party. The good news is, according to the website of Habush Habush & Rottier S.C. ®, those who have been hurt because of another person’s mistake may get compensation, such as for the medical costs of the injuries sustained.
Getting involved in a traumatic event such as a car accident has a psychological toll to its victims. They can sustain post-traumatic stress disorder, where they may re-experience the traumatic event, in the form of flashbacks and nightmares. These re-experiences are even worse when the victims are in the presence of specific stimulus that may be related to the crash, such as cars or the sound of car engines.
They may also be vulnerable to depression, emotional detachment, social withdrawal, and escapist behaviors, such as overeating, oversleeping, substance abuse, and worst of all, suicide.
There are state and federal laws that protect consumers from deceptive trade practices, but there are still businesses in Houston that still try to deceive their market. In a business point of view, these practices could be seen as opportunities to generate more income. But these opportunities are utilized in the expense of the consumers, and therefore could be deemed unethical.
Businesses use a variety of techniques to deceive their customers, like false advertising, which may lead the public into buying a product or service because of deceptive representations; and misleading prices, which may entice the public to buy the product or service because of misrepresented price ranges.
Deceptive trade practices are actually not just utilized by big businesses. The unethical practices are also used by individuals. They do such things to sell their products at much higher prices. For example, they advertise a good as something original or new when in fact it has just been reconditioned. Sometimes, they also adjust the odometer of a vehicle they are selling to reduce the number of miles.
As a customer, these practices put you in a disadvantage, and the businesses and individuals responsible could be held liable. According to the website of Williams Kherkher business lawyers, most consumer protection cases against Houston businesses are based on the following laws:
- Consumer Protection Laws – prevents businesses from practicing anything that could take advantage of the customers
- Magnuson-Moss Warranty Act – makes sure that the guidelines for warranty practices are precise and can be legally implemented
- Consumer Product Safety Commission – prevents manufacturers and designers from introducing dangerous products into the market
You have to remember that you are a consumer that is protected by state and federal laws, so don’t be afraid to step forward and make the businesses pay for intentionally putting you in a disadvantage.
Living up to the country’s moniker as the land of equal opportunity, the United States federal government has taken huge strides in protecting right of each worker to receive fair and equal compensation. As such, every individual employed in America is expected to be compensated with no less than a minimum wage of $7.25 for every hour of work. Similarly, many of these employees are also required by law to receive additional wages for time spent rendering services over the regular 40-hour work week. Both these rules found in the Fair Labor Standards Act , abbreviated as FLSA, are meant to cover a huge majority of the American workforce, including undocumented workers who may not have proper immigration status.
The FLSA puts it quite clearly: barring very few circumstances, all workers employed in the United States are entitled to overtime wages. In no way does the FLSA single out undocumented workers in its entire treatise. Regardless of one’s immigration status, all employees in America are expected to receive the same legal protection when it comes to the payment of wages. Just like every other American employee, these workers have every right to consult with an overtime pay attorney and pursue a claim for unpaid wages with the Department of Labor or their state court. In these proceedings, an undocumented worker’s claim must be evaluated in the same way as any other claim would be. Employers arguing the claim are, therefore, prohibited from bringing up issues of immigration and citizenship in order to influence the outcome of the petition.
Through changing social and cultural conversations, much of the U.S. has made significant progress in protecting the rights of undocumented workers. These developments were widely influenced by a few notable FLSA violation cases from the last few years. One of these cases was ruled on by the U.S. District Court for the Southern District of New York in 2011. The case Solis v. Cindy’s Total Care, Inc., filed by the Department of Labor, involved a luxury nail salon which argued that the undocumented workers in their employ were exempt from FLSA coverage. District Judge Paul Engelmayer ruled otherwise, emphasizing that the FLSA notably covers “any individual” in its policies, without ever explicitly ruling out foreign residents or undocumented workers.
If you and your spouse are settling a divorce case in the state of Texas, having filed your petition for divorce under the “no fault” ground may help lessen the emotional burden; however, once the process comes to that part where you and your spouse need to settle divorce-related issues, which may include child custody, among others, then it is more likely that the process will be more emotional and contested unless you and your spouse find a way to settle all issues in friendlier ways.
If, however, despite the court’s encouragement, you and your spouse fail to come to an agreement, then expect that the courts will do all things possible to make sure that the child, especially if he/she is a minor, will be spared from any form of trauma. The courts will also have to make the decision on who shall have custody or conservatorship of the child.
Assuming, however, that the spouses/parents are able to arrive at an amicable settlement and are able to draw up an agreement that contains provisions for conservatorship, then the court may recognize such agreement but only if it finds that agreement to be in the child’s best interest. The spouses may then file their written agreement with the court which, in turn, may decide to render an order wherein both spouses are appointed as joint managing conservators.
Texas courts reserve the right to decide over issues relating to child conservatorship or custody. If it deems necessary, instead of joint conservatorship, it may decide for sole conservatorship, wherein custody is awarded to only one of the parents. This means that the child will reside with the appointed custodial parent with that parent having the exclusive right to make decisions about the child’s growth and development.
As much as possible, Texas courts still prefer joint conservatorship arrangements to allow the child to maintain a meaningful relationship with both parents. Under a joint custody arrangement, both parents share the decision-making responsibilities for their child.
Assisted living facilities and residential care facilities are almost the same. However, there are some notable distinctions between the two that families and elderly should know in order to make a smart and logical decision.
Important components that elderly needs in an environment like safety, convenience, and comfort can be found in assisted living and residential care facilities. Families may want to consider an assisted living facility if their elderly loved one want to live alone in an apartment type of facility. Every assisted living apartment units usually have signaling devices that elderly may activate in case of emergencies. Assisted living facilities also have a support staff whose job is to monitor and check elderly. Assisted living residences have common areas like dining rooms, living rooms, and laundry rooms that elderly share. Elderly who have trouble bathing themselves can get assistance inside the facility. Some assisted living residences offer other services like emergency medical assistance, physical therapy, and hospice care.
“Residential care facilities” are elderly apartments that can be a studio-type or with a bedroom. Typical residential care units only have private bathrooms and personal storages that can be used by shared residents. These kinds of facilities have state license and are required to have a sufficient number of staffs that usually work 24 hours a day. Residential care facilities can be an option for elderly who are mentally fit and are able to do basic caring for themselves like eating, dressing, and bathing. Aside from meal services, residential care facilities also offer housekeeping, laundry, and social activities. Elderly who are considering this type of facility must inquire for specific policies mostly if they will need wheelchairs or walkers. Some elderly may be hesitant to live in residential care facilities as they have to share a room with other elderly.
Knowing the difference between assisted care and residential care facilities is critical in making sure that your elderly loved one is getting the better life he or she deserves.
Aside from drunk-driving, another major cause of accident that continues to claim the lives of hundreds of individuals is BWI or boating while intoxicated . The Boating Safety Resource Center, the official website of the U.S. Coast Guard’s Boating Safety Division has an online article which says that: BWI is just as deadly as drunk-driving. Drinking will impair a boat operator faster than a car driver and that one-third of all recreational boating accidents are due to alcohol impairment. Because of the dangers brought about by BWI, those who violate U.S. laws regarding it will suffer imprisonment, huge fines and revocation of operator privileges.
The federal BWI law enforced by the United States Coast Guard is applicable to all types of boats, whether these be large ships, rowboats or canoes; it even includes foreign vessels sailing through U.S. territories and U.S. ships on the high seas.
Drinking alcohol while out at sea can affect the balance, coordination, vision and judgment of boat operators and passengers much faster than when alcohol is consumed on land. This is due to the sun, the wind, the sea water mist or spray, the engine noise, and the vibration and motion – the overall marine environment – that the operator and passengers experience. Due to alcohol impairment, capsizing boats and drunken passengers falling over board have been common media report as causing death.
The over-all various threatening effects of alcohol when consumed while on sea include:
- Deterioration of judgment and cognitive abilities, rendering wise assessment of situations, processing of information and making good choices, much harder;
- Impairment in physical control, resulting to failure to make timely reactions to dangers, lack of coordination and problem in balance;
- Decrease peripheral or night vision and depth perception, difficulty in identifying colors, especially green and red; and,
- Failure to pull self out of the cold water, causing hypothermia and death.
According to the Hankey Law Office, states are making tougher laws which will subject to harsher punishments those who will be caught drinking before or while driving a boat. These laws are hoped to prevent some people from operating a boat if they have been drinking, and will sufficiently punish those who continue to act in a reckless and dangerous manner.
Incorrect medical treatment, prescription error, and surgical mistakes are just a few of the various kinds of medical negligence. These are but only a few outcomes of a different error – erroneous diagnosis.
A doctor’s failure to make a precise analysis of an individual’s medical condition can result to the deteriorating of his or her condition since no therapy has actually been produced; besides this, there’s also the risk of creating a new sickness to grow, normally as a result of prescribed drugs which might trigger side-effects. As said on the website of the Sampson Law Firm, analytical mistakes, though, are not solely limited to analysis; delayed diagnosis is also included by these. Consequently, due to these blunders, a doctor might wind up not making any treatment at all, creating a delayed therapy, or making a wrong therapy.
As said on the website of the National Institutes of Health, probably one extremely important detail a patient has to know about the wrong diagnosis is that a medical malpractice litigation can be warranted by not all misdiagnoses. This is especially true when the blunder is perpetrated as a result of a patient’s concealment of essential health info from his or her physician, defective or faulty medical equipment, a language barrier between the individual as well as the physician, when the signs manifested by the condition fail to fit the common analysis, or human error, for example, contamination or mix-up of radiology films or laboratory test outcomes, use of incorrect process by the tech or the technician overlooked something in a pathology slip or x-ray.
It’s, occasionally, quite hard to pronounce a physician responsible due to misdiagnosis. But in many cases, yet another medical personnel may actually function as the source of the blunder, therefore, producing an error is committed by the physician at the same time.
On the other hand, if the misdiagnosis is caused by the physician’s lack of skill in producing accustomed medical action, an apparent misconduct because of the physician’s laziness, non-adherence to the doctor’s signal of conduct or an apparent act of neglect that brings about patient damage, then such analysis may certainly require a medical malpractice lawsuit.