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Immigration

US Immigration Alert –

With less than two months before the mid-term elections, the Department of Homeland Security (DHS) announced the latest proposal on September 22, saying that for those applying for permanent legal residence status, the use of public benefits is a serious negative factor, and applicants may be denied green card. Those public benefits include the Supplemental Nutrition Assistance Program (SNAP), known as food stamps, certain housing assistance, the Medicare prescription drug program (Part D) for seniors, and more. In addition to not being able to qualify for benefits, the new proposal also considers certain health conditions such as mental health disorders, heart disease and cancer to be important considerations for “public charge”. This new proposal does not apply to some people, including families whose income is less than 15% of the official poverty line, refugees or asylum seekers and so on.

The new rule does not require congressional approval and takes effect in about two months. A 60-day public review process is required before it becomes effective. Stephen Miller, the White House’s top immigration adviser, sees getting tough on immigration as a winning strategy for Republican candidates. So focusing on public benefits at this time, emphasizing their misuse by immigrants, is often an effective way to motivate conservative supporters. The Trump administration hopes the measure will keep Republicans in control of both houses of Congress for the remainder of Trump’s two-year term.

Reprinted from the official website of the Department of Homeland Security and other information.

All rights reserved by Lei Jiang Law Firm. October 2, 2018.

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Firm Immigration News

Successful Criminal Defense in a Michigan State Court

On April 27, 2018, one of our cases was dismissed by 67th District Court, Case no. 17TA0776. Our client was charged with a felony crime. After good effort on part of the attorneys, we successfully got the case dismissed. The client is free of all charges.

Our client is exuberated over the result. It is especially important due to her immigration status. Thereafter, she gave our legal service a “5” star rating. To see other clients’ rating of us online, please go to https://www.avvo.com and find attorney Lei Jiang. More than 50 clients have rated legal service provided by our lead counsel, Ms. Lei Jiang, a five star service!

Whether it is a criminal or civil case, we handle your case with the uttermost care and our best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

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Immigration News

A Possible Path for International Entrepreneurs

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would take steps to implement the International Entrepreneur Rule (IER) in accordance with a court decision on December 1, 2017.

IER was published during the Obama administration to provide an unlimited number of international entrepreneurs a new opportunity to apply for parole, enter the U.S. and use American investments to establish and grow start-up businesses.

Since this is parole, it is a discretionary grant made by the Secretary of Homeland Security and is granted only on a case-by-case basis. Moreover, the Trump administration has made it clear that parole should be used scarcely.

While DHS implements the IER, it is also proceeding with issuing a notice of proposed rulemaking seeking to remove the IER.

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Firm News

Four straight years being rated by Super Lawyers

Ms. Jiang is once again selected to Super Lawyers Rising Star in 2018, an honor reserved for only 2.5% of lawyers who exhibit excellence in practice in their early years.

Ms. Jiang was first selected to the Ohio Rising Starts in 2015. Since then, she has continued the pursuit of excellence in the legal profession and has been selected as Rising Star continuously since.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.

The selection process for the Rising Stars list is the same as the Super Lawyers selection process, with one exception: to be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less.

Since being admitted to the Ohio bar in 2009, Ms. Jiang has focused her practice on several legal areas such as corporate law, real estate, immigration, intellectual properties, and litigation. Passion has always been a key ingredient in Ms. Jiang’s practice. “It is hard work,” Ms. Jiang agrees, “but I love it because I can help, because it is rewarding, and it is also intellectual stimulating.” We hope Ms. Jiang continues this track of excellence and be a leader in these ever changing legal fields.

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Immigration News

Changes to Direct Filing Addresses for Form I-129 Petitions

On October 12, 2017, USCIS changed the direct filing addresses for certain petitioners of Form I-129, Petition for a Nonimmigrant Worker. The changes are as follows:

Petitioners now file Form I-129 according to the state where the company or organization’s primary office is located. Previously, petitioners filed Form I-129 based on the beneficiary’s temporary employment or training location.

Petitioners located in Florida, Georgia, North Carolina and Texas now file Form I-129 at the California Service Center.

Starting November 11, 2017, USCIS may reject Form I-129s that are filed at the wrong service center.

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News

Good Outcome in another Criminal Case

Our client, an International student, is satisfied with the outcome of his criminal case. The case, State of Ohio v. Chen, Case No. 17CRB00347, was prosecuted at the Oberlin Municipal Court. Our client was charged with two first-degree misdemeanors — assault and domestic violence. Such charges, if convicted, would have resulted in him being immediately deported.

A unique fact in this case was that the client admitted the wrong and much more when he was confronted by the police officers. Thus, his admission was the most fatal fact in the case.  After motion to suppress and suppression hearing, the court ruled that his admission would not be excluded. The case was scheduled for trial, and we were prepared for going forward.

But in the final pretrial, the prosecution offered a charge that was much less in severity. The Client decided to take the plea bargain.  The reduced charge would not affect client’s visa and his stay in the United States. Therefore, the case was resolved to the satisfaction of the client.

Even though we were prepared for trial, the client must make all the important decisions, such as taking or rejecting the plea bargain, as it was in this case.  Trial is risky. If defense wins, the client wins all, if defense loses, the consequences could be huge.

If you need a criminal defense attorney, please contact us. The initial consultation is free.

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Firm News

A Successful Settlement in a Personal Injury Case

On February 24, 2017, parties settled in the case captioned as Robert Parker et al. v. Erie Insurance et al. Case No. 2016 CV 02780, pending in the Montgomery Common Pleas Court. It was a personal injury case, and our firm represented one of the defendants.. Plaintiffs alleged bodily injuries, such as back injuries, from a car accident. We reviewed extensive medical records. After depositions and mediation, parties were able to settle the case before the trial.  Our client only needed to pay a nominal amount of money. Our client was very satisfied with the result.

Every personal injury case is different. The value of your claim depends on many factors. Some are concrete, such as medical bills and lost wages. Others are harder to determine, such as pain and suffering.

In this area, we have represented both Plaintiffs and Defendants in the past. When you hire us to pursue your claim, we will go over every detail of your case to make the best possible estimate of how much compensation you should receive for your injuries. In general, relevant factors that determine the amount of a settlement demand include:

  • The nature of your injuries
  • The extent of your injuries
  • What medical treatment you have received and will need in the future
  • How much time you lost from work or will lose in the future
  • Whether you have suffered emotional distress
  • Whether your familial relationships are affected by your injuries
  • Whether you have suffered any disability as a result of your injuries
  • Whether you have been disfigured by your injuries
  • How much evidence to support your claim
  • How much insurance is available to compensate you for your injuries
  • Whether you shared any responsibility in causing your injuries

Most personal injury cases end with settlement. Thus a lawyer skilled in settlement is critical to your success. If no agreement can be reached, we will proceed with a lawsuit or trial.  In either scenario, our vigorous approach will ensure the ultimate success of your claim.

If we represent the defendant in a personal injury case, we will try to minimize the damage.  Whether prosecuting or defending, we put the same effort to get the best result for you. If you want a competent law firm to handle your injury case, please contact us. The first consultation is free.

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Uncategorized

Can L-1A and EB-1(C) be an alternative to EB-5?

As the waiting time for EB-5 investment immigration is getting longer and longer, more and more people choose to apply for L-1A visa. However, it should be noted that L-1A is a non-immigrant visa, which means that this type of visa can only be used by the applicant and his family to live in the United States for a certain period of time. The L-1A visa is applicable to Chinese companies sending their managers or executives to the US branch to manage business or set up a branch.

Basic Requirements for L-1A Visa:

  • Overseas companies hold more than 50% of American companies.
  • In the three years before submitting the application, the applicant has held a management position in an overseas company for at least one year.
  • Applicants need to hold a management position in a US company.
  • If the U.S. company is newly established or previously inactive, the applicant’s L-1A visa is only valid for one year. If the U.S. company has a mature business, the L-1A visa is valid for up to three years.
  • The L-1A visa is renewable for a maximum period of seven years.
  • For applicants on the L-1A visa valid for one year, the EB-1(C) can only be filed after successfully obtaining a two-year extension of the L-1A visa. Applicants for the three-year L-1A visa do not have this restriction.
  • Dependents are granted L-2 visas and can apply for work authorization.

Unlike EB-5, L-1A has no stated minimum investment requirements. But generally, around $200,000 is needed to ensure success. If you set up a new company, applying for L-1A must have a business plan describing how the applicant will plan to develop the business in the United States, as well as forecast business income and the number of employees, and how the initial investment will help the new American company achieve its goals.

If it is a one-year L-1A visa, renewal is often difficult because the new company only has one year to develop the business. The risk of denial of an L-1A renewal application increases if the company is unable to achieve revenue, profitability, and/or employee plans. If the renewal application is denied, the L-1A visa holder and their family members must leave the United States immediately and can no longer seek a U.S. green card through EB-1(C). The adverse impact on life and business of a sudden departure from the United States will be huge. Those who consider the L-1 pathway often do not pay enough attention to these risk factors.

In addition, if not done properly, the process from L-1A to EB-1(C) to green card can cost much more than the cost of EB-5, whether in terms of US government processing fees or in terms of the overall capital investment of the L-1A corporation. This point is often overlooked or downplayed. This is because there are four steps for L-1A transfer to a green card, and only three steps for EB-5 investment immigration. More steps means higher risk and higher capital. This is a point often overlooked by people considering the L-1 pathway.

However, as long as Chinese EB-5 applicants still face a long waiting list, L-1A/EB-1(C) will be a faster option for a Chinese to enter the United States. But this process is often more difficult than expected, so working with an experienced U.S. immigration lawyer from the very beginning, making a good strategic plan, and doing due diligence are the keys to success. If you are interested in applying for an L-1A visa, please contact Lei Jiang Law Firm.

Phone: (440) 835-2271.

Email: info@LeiJiangLaw.com.

WeChat: leijiang_lawfirm1.

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Business Firm News

Another Successful Case in Federal District Court

On January 23, 2017, an order was delivered in a case captioned as IIP Cleveland Regeneration, LLC, et al. v. Zhenfen Huang, et. al., Case No 1:16 CV 2673, pending in the U.S. District Court for Northern District of Ohio. Our firm represented the defendants in this case.  After vigorous defending, the District Court dismissed plaintiffs’ complaint. This resulted in a total and complete victory for our clients.

This case did not lasted long. After plaintiffs filed their complaint, we immediately responded with a motion to dismiss.  This was because the complaint was poorly written, without any factual substance and legal basis. Plaintiffs then amended their complaint, significantly altered the initial landscape of the complaint, even added an additional defendant in an effort to boost their case.  We quickly filed a second motion to dismiss.  In the end, legal fiction, no matter how voluminous it seemed, could not save plaintiffs’ ill-conceived complaint.  The district court agreed with us and dismissed this case.

Whether prosecuting or defending, we handle your case with the uttermost care and our best effort. If you or your company need a competent law firm to handle disputes or litigation, please contact us.

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Business Firm News

Mergers and acquisitions (M&A) 2016 year-end review

Overall trend. The mergers and acquisitions Lei Jiang LLC handled in 2016 were mostly global in nature, involving Asia Pacific companies as buyers and American companies as sellers. The dominant buyers were again Chinese companies. But we saw different Chinese buyers, including Chinese private equity firms, publicly listed companies, and even private owned companies. The traditional outbound M&A was dominated by Chinese state-owned enterprises. The new trend signaled broader bases, bigger appetites, and increased capacity for Chinese companies to acquire U.S. companies.

Although this new array of buyers had a very short track record of cross-regional M&A, they have showed some experience and are comfortable in the deal. From our dealing with these customers, we have discerned factors behind this buying spree. They are 1) to boost the growth rate of the company, 2) lack of domestic targets for acquisitions, and 3) ease of the restrictions on finance.

Implications for U.S. companies. U.S. companies should consider Chinese companies as legitimate partners and buyers if they want to fully utilize the value. First, Chinese companies normally pay higher premium in acquiring U.S. companies. They take into consideration the long term development and potentials. Second, consistent with Chinese culture, Chinese buyers place high value on the relationship with the management before, during and after the transaction. Moreover, in the M&A we handled in 2016, all Chinese buyers retained the management team and gave generous compensations to the U.S. teams. Finally, according to Forbes, by the end of August 2016, China was so far the top acquirer of foreign companies. If the trend continued to the end of year, China would unseat the USA for the first time since 2006. Thus, U.S. companies simply cannot afford to ignore this group of acquirers.

Implications for Chinese/Asia Pacific companies. As mentioned, Chinese companies typically adopt a longer-time investment evaluation, causing them to pay a relatively higher premium. Moreover, paying premium to retain the target’s management team shows that Chinese companies are not familiar with the dynamics of the overseas market and are not capable of running the target initially. Still, cross-regional M&A can be a value enhancing strategy for Chinese companies. If it fits their long-term strategies, in the long run these companies will gain a competitive advantage in the global market.

Lei Jiang Law Firm has successfully concluded several M&A deals in 2016. Some are still in the process. We are proud to provide top-notch M&A services to our clients. Our team is skilled in cross-regional M&A. We understand the cultural difference, language nuance, and different regulatory requirements. We are here to make it happen.

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