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H1B visaThis is just an example of the overload of applications that are being sent to the United States Citizenship and Immigration Service (USCIS).

USCIS received 172,500 H1B petitions from the when it began taking applications on April 1, 2014 until this Monday, April 7, 2014, when they stopped taking applications, according to a press release on their website. That’s right! The ability to even apply for a H1-B visa disappeared in less than a week.

The H1-B visa is for specialized workers in areas such as science, engineering, and computer programming. USCIS will not begin to accept applications for Fiscal Year 2016 until next year, April 1, 2015.

The USCIS said it will be conducting a computer-generated lottery to determine which petitions it will select for processing

If you were thinking about applying for a H1B visa, then you may want to consider other visa options.

These visa options may include investment visas (if you are willing to start and invest in a business), family petitions (if you have an immediate relative who is a Legal Permanent Resident or U.S. Citizen), and more. Please not that purchasing a piece of property in the United States does not in and of itself qualify a foreign individual for an immigration visa.

As previously stated, USCIS is currently experiencing an overwhelming number of applications for multiple different kinds of visas. As a result, it has been our experience that the requirements for each visa are much stricter than they used to be and the visa application process takes longer than it used to.

If you think that you may qualify for a visa or if you would like to schedule an appointment to discuss your immigration options, then contact Boyer Law Firm’s immigration and international law attorneys today.

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Tags: U.S. Immigration

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Florida Final JudgmentScenario: You sued someone and won! Congratulations!

Now, how do you get your money? It is more than likely that the opposing party is not going to just hand over the money, otherwise there would not have been a suit in the first place.

The judicial system has accounted for this by allowing prevailing parties and attorneys to collect the monies through liens and garnishments. However, in order to place a lien or garnish wages in Florida, the judgment must be a Florida Final Judgment.

There are two ways to obtain a Florida Final Judgment:

  1. The case took place in Florida and a Florida court issued the judgment
  2. A final judgment was entered in another state or country and the judgment was domesticated to Florida.

If you have a judgment in another state or country, you should hire an attorney experienced in domesticating foreign judgments, as properly enacting this legal procedure is vital to being able to collect monies through a lien or wage garnishment.

If you have received a final judgment against a person who lives, works, or owns assets in Florida, then contact Boyer Law Firm’s international law attorneys today.

Tags: Florida Civil Litigation

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Florida Corporate DocumentsAfter their appearance on CNBC’s new television show “The Profit,” featuring Marcus Lemonis, Sweet Pete’s in Jacksonville, Florida made news due to the major fight between the business partners.

Disputes between business owners appears to be a common theme both on the show and in business in general, and many of these disputes could be solved through following the procedures outlined in the company’s  properly executed corporate documents.

In fact, the solution to the dispute in this case was found in the Shareholder’s Agreement.

Whether your Florida business partner is your spouse, child, friend, or simply an associate, it is vital to protect yourself and your business in case of such a “breakup.” One of the best ways to protect yourself and your business is through your Florida corporate documents. These include Articles of Organization for a Limited Liability Company (LLC), Articles of Incorporation for a Florida Corporation, and an Operating Agreement for both.

When properly drafted by a Business Law Attorney, these Florida corporate documents should outline the procedures of the company for almost all situations, especially the loss or gain of a member/owner of the company.

The mistake that many businesses make is trying to “save money” by using an attorney knock-off site or trying to draft these documents themselves. By doing this, the company usually ends up spending more money to correct the error than it would if the owners had the Florida corporate documents properly drafted and reviewed by a Florida business law attorney.

If you are starting a company or you need properly drafted Florida corporate documents, contact Boyer Law Firm’s business law attorneys today.

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Tags: Business Law in Florida

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Florida Commercial RentalFlorida commercial rental properties can be an excellent first or second source of income.

There is money to be made in the Real Estate Market, and the two best ways to make money in this market are through house flipping or owning rental properties. Florida commercial rental properties will obviously provide you with a greater return than residential properties, as the cost of Florida commercial real estate is greater in general, but Florida commercial rentals are also more complicated than residential rentals.

Florida commercial rental Lease Agreements can be up to 75 pages long and very complex, which is why it is important to have a Florida real estate attorney review the lease agreement, whether you are the landlord or the tenant.

If you are the owner of a residential property, whether it be an apartment complex, a single-family home, or a condo, then it is also important for a real estate attorney to review the lease agreements.

Additionally, you want to make sure that the property you purchase to rent out has a “clear title.” This is done by hiring an experienced closing attorney to handle your real estate closing. If the property does not have a clear title, then you could run into various, serious problems, especially if you are going to rent out the property to a third party.

If you are interested in purchasing a property to rent out or have a commercial lease agreement you need reviewed, contact Boyer Law Firm, P.L. today.

Tags: Florida Real Estate

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U.S. Citizenship AttorneyU.S. Citizenship and Immigration Services (USCIS) has revised Form N-400, Application for Naturalization, also known as the application to become a naturalized U.S. Citizen.

According to USCIS, “Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).”

In order to qualify for U.S. Citizenship, candidates must meet the following criteria:

1. Be a Legal Permanent Resident of the United States for five (5) years
–or-
2. Have been a Legal Permanent Resident of the United States for at least three (3) years. Additionally, you must have been married to and living with the same spouse, who is a U.S. Citizen, and your spouse has been a U.S. Citizen for the last 3 years at the time of filing your Form N-400
-or-
3. Other specific reasons, which must be discussed with a U.S. Immigration Attorney

One of the reasons USCIS revised this form is to “present customers with clearer instructions.” This is a clear indicator that USCIS runs across errors on multiple applications. If you do not fill out the form correctly and provide the correct supporting documents, then your petition could be delayed or denied.

Hiring a U.S. immigration attorney to assist you with this application, or other visa applications, will ensure that these documents are completed fully and accurately. If you are interested in applying for U.S. Citizenship or other immigration visas, then contact Boyer Law Firm, P.L. today!

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Tags: U.S. Immigration

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Property in FloridaAlthough it is customary in the industry for the Seller of a property to pick the Florida closing agent, it is beneficial to the Buyer of a property to choose the closing agent, especially if the buyer is from another country and/or English is not their first language.

Here at Boyer Law Firm, P.L., we have helped many domestic and foreign individuals, couples, and families purchase property in Florida.

We have experienced situations and in which a title company not headed by an attorney performed a title search in which they found only five (5) items that needed to be completed. When Boyer Law Firm, P.L. performed a title search on the same property in Florida, we found twelve (12) items, almost double of the original search and several of which were critical.

Since Title Insurance rates are set by the State of Florida, and are therefore uniform in the amount, there is no financial savings in choosing a title company over an attorney. Most attorney are title insurance agents for Attorney’s Title Services, which is considered the reference in the real estate industry. Only attorneys can join/use this Title Service, which is of the highest quality in diligence and conveying a clear and marketable title.

Tags: Florida Real Estate

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Jacksonville EntrepreneursJacksonville, Florida was recently praised by CNN Money for being an emerging hub for both start-up companies and entrepreneurs.

Contributing factors to the success of the increase in Jacksonville Entrepreneurs include inexpensive business and labor costs, low taxes, warm weather, and availability of capital. Jeanne Miller, executive director of Jacksonville Civic Council, says venture capital and money from angel investors is coming back to Jacksonville.

“Jacksonville’s a hidden jewel for entrepreneurs,” said Theodore Carter, executive director of the city’s Office of Economic Development. “We have a young ecosystem here that’s very welcoming to innovation and new business.”

This ecosystem of Jacksonville entrepreneurs is further exemplified through events such as One Spark, and the UNF Leadership Summit, and many other events with the entrepreneurial spirit in Jacksonville.

Source: Jacksonville is Hot for Startups

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Tags: Boyer Law Firm -- a Florida firm | Business Law in Florida

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Swimming Pool and SpaAlthough there is no law regarding who picks the closing agent in a Florida real estate transaction, it is customary for the Seller of the property to choose the Florida Closing Agent. It is also customary for the party who chooses the closing agent to pay the “closing costs,” such as the deed recording, the title search, etc.

Specific closing costs vary on each real estate transaction.

If you are the seller of a piece of Florida real estate, you want to choose the Closing Agent so you will have control of the security deposit if the buyer chooses not to close and the contract provides for a non-refundable deposit. If the Closing Agent also acts as the Escrow Agent in the transaction, then the security deposit should be held in a trust account until the transaction is completed.

If you hire a Florida Real Estate Attorney as your Florida Closing Agent, they may be able to easily satisfy some of the items required by the Title Company before Title Insurance can be issued to the buyer. These items may consist of documents that are legally binding and should be drafted by an attorney.

If someone is interested in purchasing your home or business, then contact Boyer Law Firm’s Florida Residential and Commercial Real Estate Attorneys today.

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Tags: Florida Real Estate

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Florida Contract AttorneyA Florida contract is an agreement between two or more parties, whether they are individuals, business entities, or non-profit entities. Due to this broad definition, there are infinitely many different kinds and types of contracts.

Having a Florida contract attorney draft your contract will ensure that you understand what you are signing and that at least some of the conditions of the contract are in your favor. By understanding what you are signing you understand your responsibilities and the responsibilities of the other party.

If either party fails to live up to these responsibilities, then a civil lawsuit for breach of contract can occur, which can be a very costly process, especially if you are the one who caused the breach of contract.

Some categories of contracts include:

Business Contracts

Partnership Agreements
Articles of Organization or Incorporation and Operating Agreements (Yes, these are contracts!)
Employment Agreements
Non-Compete Agreements

Real Estate

Purchase and Sale Agreement for Residential or Commercial Property
Commercial Lease Agreement

AND MANY MORE

You should always have an Attorney review your contracts, and don’t forget the Golden Rule:

NEVER SIGN SOMETHING YOU DO NOT UNDERSTAND!
CALL A FLORIDA CONTRACT ATTORNEY!

Tags: Business Law in Florida

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LLCs for Married Couples

The Florida Business Journals recently published an article about LLCs for married couples entitled “How to Divorce-Proof your Business.

Here at Boyer Law Firm, we have started many corporations and LLCs for married couples and families, and our policies and procedures protect both the business and its members.

When you are creating a business, whether it be with a family member or not, it is important to protect yourself as an individual.

This can be done in different ways, depending on your specific situation.

The most common way is to have a business law attorney draft an Operating Agreement that outlines how units or shares of the company can be bought, sold, or traded. When your corporate documents are being drafted, it is important to really think about who is going to own what percentage of the company and what roles in the company those parties will play.

Additionally, you should create and maintain a separate corporate bank account, not only in the case of a disagreement, but also for asset protection purposes.

A prenuptial agreement or post-nuptial agreement (after getting married) can also be a form of legally deciding who will maintain ownership of the company in the case of a divorce. These types of agreements are legally binding contracts and should be drafted and reviewed by an attorney before you sign them.

If you would like to create a Florida LLC or Corporation or have questions regarding asset protection in business formation, then contact Boyer Law Firm’s Business Law Attorneys today.

Tags: Business Law in Florida

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