In closely held corporations, transfer restrictions on common stock are essential to controlling ownership and preventing unwanted third parties from acquiring shares of the company. Unlike publicly traded companies, where shares can be freely bought and sold on secondary markets, shareholders in a closely held private corporation often have stringent negotiated contractual limitations on how and to whom they can transfer their shares. These restrictions protect existing shareholders, maintain business continuity, and ensure ownership remains aligned with the company’s (and/or founder’s) strategic interests.
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USCIS Lifts COVID-19 Vaccination Requirement for Adjustment of Status Applicants
Categories: Attorneys , Legal Advice , Legal Services , Startup Law , USCIS , Visa Bulletin
Starting January 22, 2025, USCIS will no longer require applicants for adjustment of status to submit proof of receiving the COVID-19 vaccination as part of their medical exam. Previously, applicants were obligated to provide vaccination documentation on Form I-693, the Report of Immigration Medical Examination and Vaccination Record, to meet immigration health requirements.
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USCIS Sets February 2025 Adjustment of Status Filing Charts for the Visa Bulletin
Categories: Attorneys , Immigration Law , Law Firm , Lawyers , USCIS , Visa Bulletin
Sheetal A. Patel of Pasricha & Patel, LLC, explains the adjustment of status filing charts for the Visa Bulletin
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USCIS Releases Updated Guidance on Evidence for International Entrepreneur Rule Applicants
Categories: Attorneys , immigration attorneys , Law Firm , Lawyers , Legal Services , USCIS
On December 12, 2024 the USCIS released new policy guidance to help people applying for International Entrepreneur Parole. This parole allows foreign entrepreneurs to stay in the U.S. temporarily if their startups are expected to grow quickly and create jobs. The addition of these new guidelines is to explain what types of evidence entrepreneurs should provide when applying. These changes are effective immediately for all new applications and any pending cases.
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USCIS Announces Updates to Case Assistance and Communication Guidelines
Categories: Attorneys , Business Immigration , H-1B Visa , Immigration Law , International Law , Law Firm , Lawyers , Legal Services
USCIS has updated its policy manual to make it easier for people to get help with their cases and provide feedback. These changes aim to improve the customer’s experience by making the process of managing cases and addressing concerns more efficient. The update also clarifies response times and provides new tools to help individuals interact with the USCIS more easily.
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USCIS Offers Flexibility During and After Emergencies or Unforeseen Circumstances
Categories: Attorneys , Business Immigration , Green Cards , H-1B Visa , immigration attorneys , Law Firm , Lawyers , Legal Services
On December 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy manual that provides clarity on the flexibilities that may be available for individuals requesting immigration benefits.
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DHS Extends Automatic Extension Period for EAD Renewals
Categories: Attorneys , H-1B Visa , immigration attorneys , Immigration Law , L-1 Visa , Law Firm , Lawyers , Legal Services
On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will improve access to employment authorization documents (EAD) for eligible individuals. This final rule specifically highlights the permanent increase in the automatic extension period of EADs from up to 180 days initially to up to 540 days for eligible noncitizens who file a timely request for the renewal of their extension.
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USCIS Mandates Submission of Immigration Medical Examination and Vaccination Record with Form I-485 for Certain Applicants
Categories: Attorneys , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services , USCIS
The United States Citizenship and Immigration Services (USCIS) has announced a new requirement for certain applicants filing Form I-485, the Application to Register Permanent Residence or Adjust Status. Going forward, applicants must submit Form I-693, the Report of Immigration Medical Examination and Vaccination Record, to accompany the Form I-485, or the application may be rejected. (Note: Previously, the applicant could submit the form I-693 subsequent to the filing of the initial form I-485.) Form I-693 serves as proof that the applicant is free from health-related conditions that would make them inadmissible under U.S. immigration law.
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NOVEMBER 2024 VISA BULLETIN: VISA DATES EXPERIENCE LITTLE MOVEMENT
Categories: Attorneys , F1 , F2A , F2B , F3 , F4 , Immigration Law , Law Firm , Lawyers
The U.S. Department of State (DOS) publishes current immigrant visa availability information on its Visa Bulletin. The Visa Bulletin shows when immigrant visas are available for issuance to prospective immigrants based on their individual priority dates. Every month, the DOS publishes two charts per visa preference category on its Visa Bulletin. The charts are based on the Application Final Dates and Dates for Filing Applications.
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Policy Updates Regarding Family-Based Immigrant Visas
Categories: Attorneys , Citizenship , Law Firm , Lawyers , Legal Services
Beginning on May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a new update in the USCIS Policy Manual regarding family-based immigrant petitions. This policy update explains how USCIS handles correcting errors for approval notices, requests for consular processing or adjustment of status on the beneficiary’s behalf, and correct routing of procedures for approved petitions.
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USCIS Incorporates Department of Labor’s Definition of “Science or Art” Into Its Policy Manual
Categories: Attorneys , Citizenship , EB-2 , EB-3 , Law Firm , Lawyers
The U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance in their policy manual announcing the adoption of the U.S. Department of Labor (DOL)’s definition of “science or art” into its own policy manual. This clarification specifically impacts adjudication of EB-2 & EB-3 visa preference categories for Schedule A Group II cases.
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THE END OF THE NON-COMPETE?
Categories: Attorneys , Law Firm , Lawyers
Celebrations of free market capitalism on one side, and accusations of egregious agency overreach on the other. The Federal Trade Commission’s long expected ban on employer enforced non-compete provisions is finally here.
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The Board Rules Delaware: Delaware Chancery Court Curtails Founder's Control Over Board of Directors
Categories: Attorneys , Business Law , Corporate Law , Law Firm , Legal Services
The preeminent authority of the Board of Directors of a Delaware corporation (the “Board”) is statutorily conferred by Section 141(a) of the Delaware General Corporation Law (the “DGCL”), which dictates that “the business and affairs of every corporation organized under this chapter shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation.”
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New Citizens Will Be Able to Request Social Security Updates Through Form N-400
Categories: Attorneys , Citizenship , Citizenship Green Cards , immigration attorneys , Immigration Law , Lawyers
On March 28, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced the integration of the Enumeration Beyond Entry (EBE) program to the new version of the Form N-400, Application of Naturalization.
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Court Denies Temporary Restraining Order Request to Halt USCIS Fee Increase
Categories: Attorneys , Business Immigration , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services
Samantha Moody (an EB-5 immigrant investor), the American Immigrant Investor Alliance, and IT Service Alliance had previously jointly filed a lawsuit in the U.S. District Court for the District of Colorado opposing the fee increases for certain immigration benefits, as outlined in the new final rule published by USCIS. The plaintiffs argued that this rule, which was set to take effect on April 1, 2024, was announced without appropriate notification and it also randomly forces some businesses and individuals to fund asylum resolutions.
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USCIS Updates Policy Clarifying Mobile Biometrics Collection
Categories: Attorneys , Citizenship , immigration attorneys , Immigration Law , Law Firm , Lawyers , Software Agreements , Technology Law
On March 7, 2024, the U.S. Citizenship and Immigration Services added clarification in the USCIS Policy Manual on existing policy regarding mobile biometrics collection services to benefit requestors who live in remote locations within the United States.
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USCIS Simplifies the Process of Obtaining Employment Authorization Documents for Refugees
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , Business Law , Citizenship , immigration attorneys , Immigration Law , Investment Visas , Law Firm , Lawyers
On March 12, 2024, the U.S. Citizenship and Immigration Services (USCIS) introduced a new process for filing Form I-765, Application for Employment Authorization to benefit recently admitted refugees. Through this new procedure, refugees can acquire their employment authorization documents (EAD) in a more effective manner. Under United States law, any refugee is legally authorized to work in the United States upon arrival. However, being in possession of the correct work authorization documents was previously a burdensome and long-delayed process. This new process will ease the process of applying and obtaining work authorization for newly admitted refugees.
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USCIS Sets April 2024 Adjustment of Status Filing Charts For the Visa Bulletin
Categories: Attorneys , Best US Immigration Attorney , Business Immigration , F visa , H-1B Visa , Immigration Law , Investment Visas , Investor Visa , L Visa , L-1 Visa , Law Firm , Lawyers
Sheetal A. Patel of Pasricha & Patel, LLC, explains the adjustment of status filing charts for the Visa Bulletin
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USCIS Policy Updates Regarding “Ability to Pay” and Changing Employers during a Pending Adjustment of Status Petition
Categories: Attorneys , Best US Immigration Attorney , Corporate Law , immigration attorneys , Immigration Law , International Law , Law Firm , Lawyers , Legal Services , Real Estate
On January 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued an updated policy guidance on the "ability to pay" requirement for immigrant petitions in certain employment-based visa classifications (i.e., EB-1, EB-2, and EB-3 preference categories). The “ability to pay” can be determined by showing that the U.S. employer has either been employed and paid the beneficiary an amount that is at least equal to the required wage already, or in the case of the beneficiary changing employers, the U.S. employer is willing and able to pay the required wage to the beneficiary.
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USCIS Streamlines Family-Based Conditional Permanent Residence Guidelines
Categories: Attorneys , Citizenship , Green Cards , Law Firm , Lawyers
As of December 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) has revamped its policy manual focusing on family-based conditional permanent residence. With this update comes clarification on eligibility, filing, and adjudication for Form I-751, Petition to Remove Conditions on Residence.
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