The E2 Treaty Investor Visa!

1- What is an E2 visa?
The E2 visa is available to residents of treaty countries entering the US for the following reasons:
i) Develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital;
ii) Invest substantially in an already-established US enterprise;
iii) Develop and direct investments from the treaty country.

No matter how much time is spent is the US, a Treaty Investor visa will not lead to permanent residency. This categorizes the E2 visa as a non-immigrant visa.

2- Nature of the E2 Visa
The investment should create job opportunities for US workers, although it would be better to have the U.S. workers hired at the time of application for the E2 visa. In order to have a successful visa application, one will demonstrate how the specific enterprise will benefit the US.

3- Requirements for the E2 Visa
The Treaty Investor visa requires investment of a substantial amount of money in advance for approval. The E2 visa requires adjudication at an American Embassy or Consulate, which can take several weeks. In order for the investment to meet the substantial amount requirement, one of the following two tests must be met:
i) It must represent a significant proportion of the total value of the business enterprise; or
ii) It must be sufficient to establish a profitable and viable business of the type contemplated.

4- How long is the E2 visa valid?
This type of visa will typically be issued for five years. Extensions will depend on the level of investment

If you have any other questions or would like to set up your E-2 visa, please contact Boyer Law Firm for further information.

What you can do to maintain your attorney-client privilege!

The attorney-client privilege is a sacred thing. It provides protection to the matters you discuss with your attorney that relate to your case. However, there are ways that you as the client can break the attorney-client privilege that can be detrimental to your case.

It is important for a client to be candid with their attorney so that the attorney can develop a strategy that will best help the client. This means that communication between the attorney and client is highly encouraged. Whether the communication is on the phone, in person, or via text or email, there are certain things as a client that you must be aware of in order to protect your attorney-client privilege.

When speaking with your attorney on the phone, make sure that no one is around or listening to your conversation. If a third party is near you and you are aware that they can hear your conversation, you are essentially offering information to that third party that is not involved in your case. Doing so can dissolve the attorney-client privilege regarding whatever you say during such a conversation. The same applies to speaking with your attorney in person; if for example, you are meeting with your attorney in a public setting.

Another thing to be aware of is use of communication mediums that are owned or monitored by your employer. Many employers that provide cell phones to their employees have access to text messages through the business’ account. It is wise not to use your work phone to communicate with your attorney. That same applies even more so to use of your work email. Emails can and will be saved by your employer on their server for some amount of time and because your employer has control over those emails, you may have broken the attorney-client privilege regarding any information that you share with your attorney through those emails.

The attorney-client privilege is important because it protects the information you share with your attorney from being uncovered by the attorney representing the other party in your case. Because it works to protect the information you share as a client, it is doubly important because in doing so it allows a client to be forthcoming and truthful about all matters related to the case.

Do you need a contract?

Whether you are entering into an agreement with a private party to buy or sell a vehicle, creating an employment contract with a contractor or subcontractor, a contract for the maintenance for your boat, or any number of things, it is wise to have a written contract. While any person can legally write a contract and have all parties to the contract sign and date it, it is wise to enlist the help of a practicing attorney. The sequence of words, the placement of a comma, and the structure of each sentence can create an obligation or liability that one or both of the parties did not intend. It is also possible for one party to create a contract that will heavily favor them in the eyes of the court, leaving the other party with all the obligations and liabilities, which they may not fully comprehend.

It is in the parties’ best interest to form a contract that will create a “win-win” situation; one that will benefit both parties and address both parties’ needs. Another reason to form a contract is that it will spell out exactly what will happen if and when one party does not perform an obligation they agreed to in the contract. If one party does not do something they are supposed to do, or does not do it at the proper time, it can create a situation where a court will order them to perform a specific act, pay some amount of money to the other party, or a number of other things.

Don’t be left in a situation where you are not sure of what you are legally obligated to do. If you are entering into some form of agreement with one or more people, make the call to Boyer Law Firm. We have handled a number of contracts which include international business transactions, maritime vessel repair and maintenance, and more.

How can an experienced fair debt collection practices attorney help me?

Debt collectors are required to abide by strict rules under both Florida Law and Federal Law. Those rules are designed to protect both the consumer and the integrity of the American credit system.

What are my rights under the debt collection laws?

Within five (5) days of the first communication by a debt collector to a consumer, the debt collector must give the consumer a 30 day notice of the right to dispute the debt. If the consumer provides written notice of her intention to dispute the debt, then the debt collector must stop all collection activities until it obtains and provides the consumer with verification of the debt.

Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact. If you do this, the debt collector can only contact you one more time to inform you of whether it intends to file a lawsuit.

How can an experienced fair debt collection practices attorney help me?

If you have been harassed by a debt collector, an experienced attorney will be able to sue on your behalf for damages. If you prevail, the debt collector has to pay attorneys’ fees and court costs, as well.

Francis Boyer as Advisory Council Member of the Banner Center

The Banner center’s goal is to positively impact Florida’s economy by collaboratively engaging industry, education and Florida’s workforce to address the current and future workforce needs of the Financial & Professional Services industry.

Employ Florida’s Banner Centers are a commitment from the State of Florida’s Workforce Florida and Florida’s colleges and universities to help employees remain prepared to do their jobs well now and in the future. This effort aims to ensure that Florida’s employers have a qualified, capable, highly trained and certified workforce to help make companies more competitive; and to retain and attract companies to Florida.

Mr. Boyer dedicates some of his time to this wonderful organization to help in the community and the State of Florida.

Do you have a real estate attorney?

Below is a really informative video on why it is so important to hire a Florida real estate attorney that knows specific laws and regulations in your area, such as Miami, Orlando or Jacksonville.

Some of the main advantage points of hiring a real estate attorney is:

– Ensuring that you receive clear title to your new property;
– Drafting and explaining to you the appropriate documents;
– Finalize closing and register the deed in your name.

Your real estate agent cannot legally guide you through a real estate contract, so you should get additional assistance from a Florida real estate lawyer.

Steps to Take After a Car Accident

If you are involved in a car accident, you can be confused, upset and even scared. There can be property damage as well as bodily injury. No matter how chaotic the situation appears to be, there are things you can do.

These are the suggested steps you should take if you are involved in a car accident.
1- Dial 911. A police report is required if property damage exceeds $500, injury, or death.
2- Move your vehicle to the side of the road only if it is possible to do so. Also, make sure to stand away from the car to avoid injury in case the car gets hit again.
3- Collect the other driver’s insurance information, registration number and license information, however, avoid getting into any discussion about fault with the other driver. It is best to discuss the collision only with the police.
4- Look for witnesses to the accident. If there are any witnesses, collect their contact information.
5- If you are experiencing pain, seek medical attention immediately.
6- Finally, do not forget to take photographs of your vehicle and the other driver’s vehicle. Make sure the photographs are taken before repairs are made.

If you have been involved in a car accident and need legal advice, contact Boyer Law Firm today.

Why Real Estate Attorneys are so Important

Below is a really informative video on why it is so important to hire a Florida real estate attorney that knows specific laws and regulations in your area, such as Miami, Orlando or Jacksonville.

Some of the main advantage points of hiring a real estate attorney is:

– Ensuring that you receive clear title to your new property;
– Drafting and explaining to you the appropriate documents;
– Finalize closing and register the deed in your name.

Your real estate agent cannot legally guide you through a real estate contract, so you should get additional assistance from a Florida real estate lawyer.

Please do not hesitate to contact Boyer Law Firm in your real estate matter.

Our Attorney is a Member of the National Association of Realtors

Not only is Mr. Boyer an attorney but he is also a licensed real estate agent meaning he is a member of the National Realtor Association which assists in the practice of the real estate closings.

The National Association of Realtors was founded on May 13, 1908. NAR’s membership is composed of residential and commercial real estate brokers, real estate salespeople, immovable property managers, appraisers, counselors, and others engaged in all aspects of the real estate (immovable property) industry, where a state license to practice is required. Members belong to one or more of some 1,600 local Realtor boards or associations. They are pledged to a code of ethics and standards of practice, which includes duties to clients and customers, the public, and other Realtors.

Local associations are required to enforce the code of ethics through a Professional Standards Council or Committee. Trained members of the association form hearing panels charged with the responsibility of hearing testimony and evaluating evidence from complaints filed by the public or other members against association members for alleged violations of the code of ethics.

Mr. Boyer is fully knowledgeable not only on legal real estate matters but the real estate transaction itself as he has taken the time to go through the real estate course and study its profession.

If you have a real estate issue please do not hesitate to contact us as we would be happy to help.

Employment Contract Liability

As an employee of a company in the United States, you are entitled to a number of rights. It is important to obtain a written employment contract to ensure that your rights are understood by you and your employer, and to ensure that your rights will be protected. As an employee with an employment contract, subject to your specific contract, you are most often protected from such things as wrongful termination, discrimination, harassment, and other harmful practices by employers. Employees are also afforded certain rights in terms of sick pay/leave and maternity rights, any of which can create liability if they are denied.

Employee’s can also be open to liability for certain acts. If an employee discriminates against another person it can create “good reason” to be terminated. An employee can also be subject to liability if the employee does not give proper notice of such things as maternity leave or intent to terminate the working relationship with the employer. Some employee’s can also be subject to liability even after the employment contract is terminated if the contract contained a non-compete clause. However, some non-compete clauses are not upheld by the courts because they are unconscionable or are too restrictive of the former employee’s right to work.

These are just some of the simple ways that an employee contract can create liability for either the employer or the employee. It is important to have an experienced attorney review your employment contract so you can fully understand what rights you have and what acts may open you up to liability. The Boyer Law Firm, PL is experienced in reviewing such contracts and can help you understand your rights. Call Boyer Law Firm today with any questions you may have, we are here to help.

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