What Happens If You Get Into An Accident, And The Other Car Hit You Doesn't Have Insurance?

Getting involved in a car accident is stressful enough, but if somebody T-boned you and what would happen if the at-fault driver doesn't even have insurance? Does that mean you do not have recourse? Not necessarily. If you have UMC/UIM, then you may be able to recover. UMC is short for Uninsured Motorist Coverage, and UIM is for Underinsured Motorist Coverage. 

In California, the insurance companies are required by law to offer uninsured motorist coverage to drivers who sign up for their insurance. So if you were smart and signed up for the added coverage, then you will be covered whatever amount of UMC coverage you purchased. Most drivers choose to purchase the same amount of coverage for UMC. So if your bodily injury liability coverage is $100,000/$300,000, then it makes sense you opt for the same amount of coverage for your UMC. 
 
In this case, then you will have to work with your insurance to get compensated for your injury under the UMC plan. Even though it is your insurance company and you paid for your coverage, UMC litigation is more like any other adversary litigation. The insurance company will try to give as little as possible. Thus I highly recommend hiring an experienced personal injury lawyer to represent you in your  UMC case.  

The At-Fault Driver Has Insurance, But What If The Coverage Is Not Enough To Cover For Your Damages?

What if the other driver is at fault, and his insurance only covers $15,000, and your damages exceed that as in most bodily injury cases? What can you do? If you have Underinsured Motorist Coverage (UIM), then you are covered … well up to the maximum coverage of your UIM. 

UIM could be trickier at times as you will have to deal with the other driver's insurance and your insurance. As I mentioned above, these UMC and UIM cases are just like any adversary proceedings. Even though it is your insurance company, they will not just give it to you. You will have to prove that you have those injuries and the accident has caused those injuries. 

UIM will cover whatever the other driver's insurance did not cover up to the maximum coverage. If your coverage is $100,000/$300,000, and the other driver's insurance paid up $15,000, and your damages are $50,000. Then the best case scenario with the best lawyer, you will recover $35,000, not $50,000 as the other driver's insurance company already paid for $15,000. 

If you and people you know were in a car accident, please call my office or email me. We accept car accident cases on contingency which means you do not pay anything unless we win your case. 

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​NOT ALL EMPLOYMENT-BASED GREEN CARD REQUIRE LABOR CERTIFICATION OR JOB OFFER

In EB-2 cases, the employer offering the worker employment must file the preference petition on Form I-140, except when the worker is seeking an exemption from the job offer requirement, in which case the worker or any person on his or her behalf may file the petition. To be exempt from the job offer requirement, USCIS must determine that an exemption would be in the national interest. A labor certification is not required if the job offer requirement is waived.

STRICT NYDOT REQUIREMENTS VS. POST 2016 DHANASAR NEW STANDARD

Matter of New York Department of Transportation (NYDOT) established stricter standards for obtaining  national interest waivers  than those applicable in the past. 22 I. & N. Dec. 215, 1998 WL 483980 (B.I.A. 1998). For years, the government had declined to issue a comprehensive and controlling definition of national interest and instead had advised the Service Centers to treat petitions involving national interest waiver requests on a case-by-case basis.

Post-NYDOT AAO decisions confirmed that such waivers were difficult to obtain. Under the rigid standards, national interest waivers were rarely granted except in a narrow class of cases typically involving foreign nationals working in STEM fields.

The new AAO decision, Matter of Dhanasar, 26 I. & N. Dec. 884, 2016 WL 8445731 (USCIS AAO 2016), vacates the NYSDOT test and replaces it with a more flexible standard.
 
To be eligible for a national interest waiver under the new test, an EB-2 petitioner—either the foreign national or an employer—must meet all of the following criteria by a preponderance of the evidence:

1. The foreign national's proposed endeavor has both substantial merit and national importance.
2. The foreign national is well positioned to advance the proposed endeavor.
3. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category.

*** I will address that physicians specific NIW in a separate posting. 

CAN YOU FILE PREMIUM PROCESSING FOR NIW CASE? 

The short answer is no. Premium processing allows certain petitions to be processed within 15 days for extra fees.  Unfortunately, the NIW cases are excluded in premium processing eligible EB2. Thus the USCIS does not expedite the NIW cases. 

WHY NIW? WHAT'S GOOD? 

If you are eligible, obviously the best advantage of NIW is that you don't need a job offer. Consequentially, this means there will be no PERM to go through and added potential aspect of being audited, which could take at least one year or two years or even more if audited. But as mentioned, NIW petition is certainly not an easy petition to prepare for and not an easy case to win. But with the right combination of qualifications, experience, and good lawyering skills of presenting the evidence, it is certainly doable. 

WHO CAN FILE NIW? 

There is no official limitation of professional field or criteria. But many successful candidates have either very prominent academic or professional achievements, which include prominent awards and titles. However, there have been some cases where those who exhibit the right combination of experience academically and good recommendation letters have won their cases. 

NIW cases are very tricky and require certain lawyering skills to prepare a compelling case. Thus if you are interested in NIW, please consult with experienced immigration attorney.

If you are interested in NIW or any other immigration cases, please contact our office by calling us at 619-920-3071 or emailing us at info@leejusticecenter.com. 

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What Is E-2 Visa?
There are two categories under E visa, E-1 (for those conducting trade) and E-2 (for those overseeing investment). But for today's blog, I will focus on E-2.

E-2 visa is an non-immigrant visa. It's also called, "E-2 Investor Visa."  But you should not be confused it with "EB-5 Investor Green Card." EB-5 is a green card, but E-2 is a temporary visa, and there is a huge difference in terms of investment amount. I would call E-2 as E-2 Treaty visa. 

The E category is especially useful for business owners, managers, and employees who need to remain in the United States for extended periods of time in order to oversee or work in an enterprise engaged in trade between the United States and a foreign state or that represents a major investment in the United States. § 101(a)(15)(E) of the Immigration and Nationality Act; 8 U.S.C.A. § 1101(a)(15)(E).

The E visa category was established to give effect to those treaties between the United States and foreign countries that provide for reciprocal benefits to nationals of each country who invest in the other country or who conduct trade between the two countries.

• treaty investor visa
• only citizens of certain treaty countries are eligible
• renewable every 2 years
• in theory, can be renewed forever​

Who Is Eligible For E-2?

1. Must be a citizen of a country that has an existing E-2 treaty with the US

• Currently as of November of 2019, 82 countries are treaty countries. Two new countries joined the list as recently as 2019. Israel and New Zealand. The complete list can be found at the link below. 
• https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html

   2.    Majority of ownership or control of the company must be held by a national of the E-2 treaty country
   3.    Must make active investment in the business
   4.    Must make substantial investment
   5.    Investment cannot be marginal
   6.    Must play essential role in the business

Is There A Minimum Amount of Investment That Is Required For E-2?
There is some myth about the investment amount. But unlike the "EB-5 Investment Green Card" there is no official minimum investment that is required for E-2. Even though there is no official number, obviously more money invested in the business would boost up a chance to get the visa. Types of business does play a part in terms of the investment amount as depending on what type of the E-2 business. For example, starting a personal service business would not require as much money to start the business successfully as starting a business that requires buying expensive machines.  The location of the business also plays a part. The key question is "Is the money sufficient enough to start or maintain the business successfully?" There have been cases where as little as $50,000 was enough for a successful E-2 visa petition whereas investment of $120,000 was not enough. Thus the context does matter. 

Can You Get Green Card Through E-2?
Some people mistakenly believe E-2 visa will lead to getting the green card. You may get a green card after getting E-2, but not directly at all. So the short answer is no. E-2 cannot be used as a way to get a green card. 
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What's Good and Bad About E-2?
Good

• can be renewed forever unlike H1b, which requires you to return to your country after 6 or 7 years maximum
• the spouse of E-2 visa holder can apply for EAD (work authorization) and can work anywhere
• does not require $1.8 million or $900,000 unlike EB5
• can travel back and forth without any limitation as long as your business is good unlike the green card

Bad

• it's no green card 
• you cannot have paying jobs anywhere else while you have your E-2 business
• E-2 is not a dual intent visa. The visa petition actually requires you to state that you intend to return to your country after your E-2 business is over

*If you have any questions or are interested in applying for E-2, please do not hesitate to contact our office at 619-920-3071 or info@leejusticecenter.com. 

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H1B visa, also known as a temporary work visa, has been used by many foreign workers who want to work in America. If fact, for many foreign students who graduate from colleges and graduate schools in the United States of America, H1B may be the only option for them to be able to work in the US. Even though H1B visa may be used a lot, many aspects of it is confusing and even mysterious. 

Today, I am going to focus on issues related to H1B transfer. In fact, this term is in correct as the visa is not actually transferred to the next employer. H1B transfer refers to a situation where a foreign worker who already got his/her H1B visa and now wants to change jobs. 

BASIC FACTS ABOUT H1B

• temporary
• renewable up to 6 or 7 years
• only limited number of visas available every year: 65,000(regular); 25,000 (advanced degree)
• lottery (you will have to go through the lottery system even to be eligible to apply for H1B)
• application opens up on April 1 every year, which closes up usually within the first week due to overwhelmingly large number of applications (around 200,000)

GOOD NEWS is that once you go through the first CAP process and succeed to get your H1b visa, then you will not be subject to the CAP any more. 

H1B TRANSFER

After you got your H1B, what happens if you want to change jobs and work for another employer?

First you will need to find a company to sponsor your H1b. Even though "H1B transfer" sounds like your old H1b gets transferred to the new company, that is not really the case. Basically, your new employer will be petitioning a whole new application. The only difference this time is that you will not be subject to the CAP any more. But this makes a huge difference. Unlike the first time, your new employer does not have to take extra risk, such as going through lottery and yearly CAP. As long as your new employer wants to sponsor your H1b with a real job offer (same H1b application requirements are applicable), your chance of getting your H1b is much better. 

• Not subject to the H1B annual cap
• can apply any time of the year unlike the original H1b

When can you begin working for your new employer?

You can start working for the new employer any time after your new H1b application receipt date. 

What happens if you get fired by your current employer, and cannot get a job within the grace period?

Despite your best efforts, if you can't find a job that will sponsor your visa within 60 days, then you will have to apply for another visa if possible. If you can't, then you will have to leave the country. If you overstay, and are out of status, then it will be very tough to explain that for your next H1b application as that is a violation of immigration law. 

If your spouse has H1b, then your should apply for H4. 

Can you change from H4 back to H1b?

Yes, of course. As soon as you find your employer to sponsor your H1b, then you will be able to change your status from H4 to H1b. 

*If you are thinking about changing jobs or quitting jobs or have lost your job, please contact our office immediately so that we can discuss your options and avoid any negative consequences. 

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