Karasik Law Group

Attention foreign licensed professionals, especially foreign educated/licensed health care professionals:
On May 3, 2023, Utah State Law SB35 took effect, giving foreign professionals who have earned a range of professional licenses outside of the United States the opportunity to be licensed and practice in the State. This prevents internationally trained professionals from having to jump through regulatory hoops, repeat education and professional training, take redundant tests, and pay all associated fees and costs to practice. For professions with license portability between states, this presents an opportunity even for those living outside of Utah. In fact, applicants do not have to live in Utah to apply for licensure through this internationally-trained applicant legislation.



To qualify, applicants must demonstrate lawful presence in the United States, and carry a foreign license in one of the following eligible professions:

Accountancy
Acupuncture
Architect
Athlete Agent Athletic Trainer
Audiology
Building Inspector
Burglar Alarm
Certified Dietician
Certified Nurse Midwife
Chiropractic Physician
Clinical Mental Health Counseling
Contracting
Controlled Substance
Controlled Substance Database
Controlled Substance Precursor
Cosmetology
Court Reporting Deception Detection
Dentistry
Direct-Entry Midwife
Electrical
Elevator Mechanic
Engineering
Environmental Health Science
Factory Built Housing
Funeral Service
Genetic Counseling
Geology
Handyman
Health Facility Administrator
Hearing Instrument Specialist
Hunting Guide/Outfitter
Interior Design
Landscape Architecture
Land Surveying
Massage Therapy
Marriage and Family Therapy
Medical Language Interpreter
Music Therapy
Naturopathy
Nursing
Occupational Therapy
Online Prescribing
Optometry
Osteopathic
Physician and Surgeon
Pharmacy
Physical Therapy
Physician and Surgeon
Physician Assistant
Plumbing
Podiatry
Private Probation Provider
Psychology
Radiologic Technology
Recreational Therapy
Residence Lien Recovery Fund
Respiratory Care
Securities Companies and Guards
Social Work
Speech-Language Pathology and Audiology
Substance Use Disorder Counseling
Uniform Building Codes
Veterinary
Vocational Rehabilitation Counseling

It is of note that a professional licenses is NOT a work permit. While this legislation legally permits successful applications to practice in that profession, a work permit is also needed to work legally in the United States. That means applicants still must have work authorization incident to their current immigration status or obtain H-1B, Green Card, or other work permit status.

If you have any questions, contact Karasik Law Group at 213-623-9200 or [email protected]

FinCEN Issues Final Rules for Required Corporate Reporting.
The Financial Crimes Enforcement Network (FinCEN) has issued a final rule establishing a beneficial ownership information reporting requirement, pursuant to the Corporate Transparency Act (CTA).
In their continuing efforts to stem money laundering, in 2021 Congress passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act of 2021. The CTA authorizes the Financial Crimes Enforcement Network (FinCEN) to establish rules for the reporting of beneficial ownership information for certain corporations, limited liability companies (LLC), and similar entities created in or registered to do business in the United States.
The CTA authorizes FinCEN to collect information and disclose it to authorized government authorities and financial institutions, subject to effective safeguards and controls. The goal of the CTA and its implementing regulations is to provide essential information to law enforcement, national security agencies, and others to help prevent criminals, terrorists, proliferators, and corrupt oligarchs from hiding illicit money or other property in the United States.
Recently FinCEN issued a final rule establishing the specific beneficial ownership information reporting requirements. Beginning January 1, 2024, most corporations, LLCs, and other entities will be subject to the FinCEN reporting requirements. Reporting companies created or registered before January 1, 2024, will have one year to file their initial reports. Reporting companies created or registered after January 1, 2024, will have thirty days after that date to file their initial reports. Once the initial report has been filed, both new and existing reporting companies will have to file updates within thirty days of a change in their beneficial ownership information.
Key questions to determine if you will need to report:
1. What companies are “reporting companies” covered under the rule?
The rule identifies two types of reporting companies: domestic and foreign. A domestic reporting company is a corporation, LLC, or any entity created by the filing of a document with a secretary of state or any similar office under the law of a state or Indian tribe. A foreign reporting company is a corporation, LLC, or other entity formed under the law of a foreign country that is registered to do business in any state or tribal jurisdiction by the filing of a document with a secretary of state or any similar office. FinCEN expects that these definitions mean that reporting companies will include limited liability partnerships, limited liability limited partnerships, business trusts, and most limited partnerships because such entities are generally created by a filing with a secretary of state or similar office.
Under the rule, and in keeping with the CTA, twenty-three types of entities are exempt from the definition of “reporting company.” Other types of legal entities, including certain trusts, are excluded from the definitions to the extent that they are not created by the filing of a document with a secretary of state or similar office. FinCEN recognizes that in many states the creation of most trusts typically does not involve the filing of such a formation document.
2. Who does the rule define as a “beneficial owner” who must be reported?
Under the rule, a beneficial owner includes any individual who, directly or indirectly, either (1) exercises substantial control over a reporting company, or (2) owns or controls at least 25 percent of the ownership interests of a reporting company. The rule defines the terms “substantial control” and “ownership interest.” In keeping with the CTA, the rule exempts five types of individuals from the definition of “beneficial owner.”
3. If reporting is required, what must be reported in the Beneficial Ownership Information Report (BOI reports)?
When filing BOI reports with FinCEN, the rule requires a reporting company to provide four pieces of information about each of the beneficial owners: (1) Name: the full legal name of the individual; (2) Address: the current residential or business street address. Note: a P.O. box, address of the company formation agent or third party does not satisfy the requirement; (3) Date of birth; and (4) A unique identifying number and issuing jurisdiction from an acceptable identification document such as a nonexpired U.S. passport, nonexpired State-issued driver’s license, or nonexpired foreign passport.
FinCEN Issues Final Rules for Required Corporate Reporting.
The Financial Crimes Enforcement Network (FinCEN) has issued a final rule establishing a beneficial ownership information reporting requirement, pursuant to the Corporate Transparency Act (CTA).
In their continuing efforts to stem money laundering, in 2021 Congress passed the Corporate Transparency Act (CTA) as part of the National Defense Authorization Act of 2021. The CTA authorizes the Financial Crimes Enforcement Network (FinCEN) to establish rules for the reporting of beneficial ownership information for certain corporations, limited liability companies (LLC), and similar entities created in or registered to do business in the United States.
The CTA authorizes FinCEN to collect information and disclose it to authorized government authorities and financial institutions, subject to effective safeguards and controls. The goal of the CTA and its implementing regulations is to provide essential information to law enforcement, national security agencies, and others to help prevent criminals, terrorists, proliferators, and corrupt oligarchs from hiding illicit money or other property in the United States.
Recently FinCEN issued a final rule establishing the specific beneficial ownership information reporting requirements. Beginning January 1, 2024, most corporations, LLCs, and other entities will be subject to the FinCEN reporting requirements. Reporting companies created or registered before January 1, 2024, will have one year to file their initial reports. Reporting companies created or registered after January 1, 2024, will have thirty days after that date to file their initial reports. Once the initial report has been filed, both new and existing reporting companies will have to file updates within thirty days of a change in their beneficial ownership information.
Key questions to determine if you will need to report:
1. What companies are “reporting companies” covered under the rule?
The rule identifies two types of reporting companies: domestic and foreign. A domestic reporting company is a corporation, LLC, or any entity created by the filing of a document with a secretary of state or any similar office under the law of a state or Indian tribe. A foreign reporting company is a corporation, LLC, or other entity formed under the law of a foreign country that is registered to do business in any state or tribal jurisdiction by the filing of a document with a secretary of state or any similar office. FinCEN expects that these definitions mean that reporting companies will include limited liability partnerships, limited liability limited partnerships, business trusts, and most limited partnerships because such entities are generally created by a filing with a secretary of state or similar office.
Under the rule, and in keeping with the CTA, twenty-three types of entities are exempt from the definition of “reporting company.” Other types of legal entities, including certain trusts, are excluded from the definitions to the extent that they are not created by the filing of a document with a secretary of state or similar office. FinCEN recognizes that in many states the creation of most trusts typically does not involve the filing of such a formation document.
2. Who does the rule define as a “beneficial owner” who must be reported?
Under the rule, a beneficial owner includes any individual who, directly or indirectly, either (1) exercises substantial control over a reporting company, or (2) owns or controls at least 25 percent of the ownership interests of a reporting company. The rule defines the terms “substantial control” and “ownership interest.” In keeping with the CTA, the rule exempts five types of individuals from the definition of “beneficial owner.”
3. If reporting is required, what must be reported in the Beneficial Ownership Information Report (BOI reports)?
When filing BOI reports with FinCEN, the rule requires a reporting company to provide four pieces of information about each of the beneficial owners: (1) Name: the full legal name of the individual; (2) Address: the current residential or business street address. Note: a P.O. box, address of the company formation agent or third party does not satisfy the requirement; (3) Date of birth; and (4) A unique identifying number and issuing jurisdiction from an acceptable identification document such as a nonexpired U.S. passport, nonexpired State-issued driver’s license, or nonexpired foreign passport.

8TH CIRCUIT COURT DECISION IN COPYRIGHT CASE CAN HAVE BIG IMPACT ON HOUSING INDUSTRY.
A recent decision by a federal Eight Circuit court in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., No. 19-3608 (8th Cir. 2021) could have dire ramifications for both consumers and anyone involved in listing or appraising homes. The court case in question involves the copyright of floor plans, with 8th Circuit Judge Morris Arnold ruling last August that drawings or representations—even those created by a homeowner—are not necessarily exempt from U.S. copyright laws, instead belonging to the home’s original designer. The decision stems from a lawsuit filed in 2018 by Missouri-based home designer Charles James, who sued local real estate brokerage Colombia House of Brokers Realty for independently creating floor plans of homes he designed. After a district judge ruled in favor of the brokerage, James appealed to the 8th Circuit, where Arnold reversed the earlier decision last summer, saying that the relevant statute could not be reasonably applied to floor plans.
“Plaintiffs sued defendants, real estate companies selling homes which plaintiffs had designed, alleging they infringed plaintiffs' copyrights by creating and publishing floorplans of the homes without plaintiffs' approval; the district court concluded that 17 U.S.C. Sec. 120(a) provided a defense to this claim of infringement for real estate companies, their agents and their contractors who generate drawings of the home floorplans of the houses they list for sale for use in promotional materials. Eight Circuit Court Held: The district court erred in concluding the statutory section extended the defense to flooplans as they are not pictures or other pictorial representation of the copyrighted work. Reversed and remanded.”
Housing industry advocates are warning that the ruling creates a potential minefield of frivolous lawsuits and deprives consumers of a vital tool for both marketing their home or shopping for a home. “The Eighth Circuit’s decision not only puts countless consumers at risk of costly, burdensome litigation for making a floor plan of their own home, but it also strains a key sector of America’s economy and threatens a critical tool of transparency for potential homebuyers,” said National Association of Realtors’ general counsel.
The statute in question waives copyright claims in architectural works in the case of “pictures, paintings, photographs, or other pictorial representations” of the design. The earlier court decision had ruled floor plans fell under the umbrella of “pictorial representations,” an interpretation that Circuit Court Judge Arnold disagreed with. “When we consider the broader statutory context, Congress could have easily resorted to other terms that it used elsewhere in the copyright statutes to ensure that included floor plans,” he wrote.
The Council of Multiple Listing Services (CMLS) filed a separate amicus brief, arguing that if floor plans are considered under “Fair Use” copyright statutes (something Judge Arnold suggested) anyone relying on that fair use defense could encounter lengthy, expensive discovery and court proceedings as opposed to the “pictorial representations” defense, which could avoid that. Fair use is a fact-intensive inquiry, it is usually only available after discovery, and sometimes even only at trial. National Association of Realtors also submitted amicus brief, arguing that the ruling could potentially disrupt or interfere with a huge swath of housing activity, from homeowner DIY projects to the loan approval process.

Regional Center Program Reauthorization APPROVED & Investment amount increased.

After months of debate and uncertainty, the U.S. Congress has passed the “EB-5 Reform and Integrity Act of 2022” as part of the overall U.S. Omnibus Spending Bill. This act has extended the EB-5 Regional Center program through September 30, 2027, with significant changes that will impact existing and future investors. Most notably, the minimum EB-5 investment amount would increase to $800,000 from the current $500,000 for Targeted Employment Areas and Rural Areas and $1.05M from the current $1M for Non-Targeted Employment Areas for both regional center and direct EB-5 investments.

Some major provisions that will affect EXISTING INVESTORS include: The new restrictions and greater investment amounts will not apply to pending I-526 petitions. After the bill is signed into law, I-526 petitions, adjustment of status applications, and consular procedures will resume.

For FUTURE INVESTORS, a few important points:
With I-526 petitions, concurrent adjustment of status filings of I-485 fillings are allowed which means applicants currently in the US on F-1 student visa, OPT, H-1B work visa, L-1A managerial visa and other non-immigrant visas can apply for and get Employment Authorization Document (EAD) and Travel Document (TD) in 90-120 days of applying for EB-5 and become free to work anywhere without employer sponsorship. For targeted employment areas (TEAs) or "infrastructure projects," the needed investment amount will increase to $800,000. The investment amount will be $1,050,000 if this is not the case. If the EB-5 program lapses in the future, grandfathering laws require USCIS to continue processing EB-5 petitions as long as they are filed by September 30, 2026. The bill allocates 20% of total EB-5 visa numbers to investments in rural areas, 10% to investments in high-unemployment areas, and 2% to infrastructure projects. In some instances, protection for dependent children who have reached the age of majority. Gifts are still allowed, and they aren't restricted to family members. Capital investments, administrative fees, and any fees "connected" with the investment are also subject to source of funds restrictions. If a regional center or new commercial enterprise (NCE) closes, there is a process in place to switch projects.

REGIONAL CENTERS can expect the following: Caps on indirect and construction jobs have been imposed. Individual I-526 applications must be presented after an I-924 application has been filed. The validity of TEA letters is two years. USCIS must audit RCs at least once every five years. Outside of the RC geography, (maybe) redeployment is allowed (subject to regulations). Persons who have committed certain crimes or who have been subject to orders or sanctions from certain state or federal enforcement bodies are prohibited from participating in RCs. Third-party agent fees and involvement in a project must be disclosed. The USCIS requires direct and third-party promoters to register. New RC/NCE "funds administration" guidelines.

The Department of State (DOS) announced on March 1, 2022, that the U.S. Mission to Ukraine is not currently offering visa services. Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt. (The U.S. Embassy in Warsaw will process Ukrainian adoption cases as well as A and G diplomatic and official visas.) The announcement includes the following details:

Contact [email protected] with questions about Ukrainian immigrant and fianc(é)e visa cases. Nonimmigrant visa (NIV) applications may be processed wherever a Ukrainian applicant is physically located and can schedule an appointment. Interested applicants should follow instructions on the relevant U.S. Embassy website to apply for a nonimmigrant visa. A list of U.S. Embassy websites is at https://www.usembassy.gov.Ukrainian applicants do not require a Schengen visa to enter Germany or Poland. However, immigrant visa (IV) and diversity visa (DV) applicants who already have been scheduled for appointments in Frankfurt or Warsaw may request that their cases be transferred to another post. To do so, the applicant should contact the alternate post to request a case transfer, and the transfer is contingent upon the alternate post’s acceptance of the case. IV and DV applicants who have not yet been scheduled will be automatically reassigned to Frankfurt and will be notified once their appointment is on the calendar. Unscheduled Ukrainian DV applicants who need to interview outside of Germany can send requests to [email protected].

www.usembassy.gov.ukrainian

DHS Designates Ukraine for Temporary Protected Status; Immigration Help in ‘Special Situations’ Available on Case-by-Case Basis
On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Also, U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. Highlights are below.

Temporary Protected Status for Ukraine

Individuals eligible for TPS under the Ukraine designation must have continuously resided in the United States since March 1, 2022. According to reports, up to an estimated 75,000 Ukrainians in the United States could be eligible for TPS.

Ukraine’s 18-month designation will take effect on the publication date of a forthcoming Federal Register notice, which will provide instructions for applying for TPS and a work permit. TPS applicants must meet all eligibility requirements and undergo security and background checks.

Case-by-Case Help in Special Situations

U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. USCIS provided a list of measures that may be available on a case-by-case basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. USCIS said, “If you fail to apply for the extension or change before expiration of your authorized period of admission, we may excuse that if the delay was due to extraordinary circumstances beyond your control”; Reparole of individuals previously granted parole by USCIS; Expedited processing of advance parole requests;Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited adjudication of petitions or applications, including employment authorization applications, when appropriate; Consideration of fee waiver requests due to an inability to pay; Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner; Flexibility if you were unable to appear for a scheduled interview with USCIS; Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Document, or Form I-94, Arrival/Departure Record; and Rescheduling a biometric services appointment.

USCIS Notes ‘Exceptionally High Number’ of Employment-Based Green Cards Available This Fiscal Year

U.S. Citizenship and Immigration Services (USCIS) recently issued an alert noting that an “exceptionally high number” of employment-based green cards are available this fiscal year (October 2021 through September 2022).

USCIS said that it is committed, in “partnership with the U.S. Department of State,” to “attempting to use all these visa numbers.” USCIS said many more visas are available in the first (priority workers) and second (workers with advanced degrees of exceptional ability) employment-based green card categories than there are adjustment of status applications pending with USCIS.

USCIS provided the following advice:

If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category.

For more information about how to file your EB-1, EB-2 and EB-3 employment-based
petition for green card, please contact Karasik Law Group at 213-623-2900 or [email protected]

Biden Administration Implements New Actions to Increase Opportunities for STEM Students, Professionals, Others

The Biden administration announced new actions to increase opportunities in the United States for science, technology, engineering, and mathematics (STEM) students and professionals, among others. A White House statement said the new actions are intended to “advance predictability and clarity for pathways for international STEM scholars, students, researchers, and experts to contribute to innovation and job creation efforts across America. These actions will allow international STEM talent to continue to make meaningful contributions to America’s scholarly, research and development, and innovation communities.”

According to the Department of State (DOS), in 2020, international students contributed more than $39 billion to the U.S. economy and supported an estimated 410,000 jobs in cities and towns across the United States. “U.S. entities and businesses gain a competitive edge in our global economy with the perspectives and skillsets of international students and scholars, particularly in the STEM fields,” DOS said.

Below are highlights of the new actions announced by the Departments of Homeland Security (DHS) and DOS:

DHS Initiatives

DHS added 22 new fields of study to the STEM optional practical training (OPT) program to “enhance the contributions of nonimmigrant students studying” in STEM fields and to “support the growth of the U.S. economy and innovation.” The STEM OPT program permits F-1 students earning bachelor’s, master’s, or doctoral degrees in certain STEM fields to remain in the United States for up to 36 months after they graduate to work in their fields of study. DHS is also updating its guidance to clarify how certain STEM graduates can use the national interest waiver for employment-based immigrant visa classification as an advanced degree professional noncitizen or noncitizen of exceptional ability. DHS noted that certain noncitizens with an advanced degree or exceptional ability “can self-petition for employment-based immigrant visa classification, without testing the labor market and obtaining certification from the Department of Labor, if USCIS [U.S. Citizenship and Immigration Services] determines the waiver of the labor market test to be in the national interest.” USCIS is also updating its guidance related to O-1A nonimmigrant status for noncitizens of extraordinary ability in the fields of science, arts, education, business, or athletics. The update explains how USCIS determines eligibility for O-1A petitioners and, for the first time, provides examples of evidence that might satisfy the criteria, including for individuals working in STEM fields, DHS said.
DOS Initiatives

The Early Career STEM Research Initiative seeks to connect BridgeUSA exchange sponsors with interested U.S.-based STEM host organizations (e.g., small and medium businesses) to increase the number of STEM-focused educational and cultural exchanges. DOS is also announcing an extension for undergraduate and graduate students in STEM fields on the J-1visa that will facilitate additional academic training for periods of up to 36 months. The extension applies to the 2021-22 and 2022-23 academic years. DOS said these initiatives are “consistent with the recent Joint Statement of Principles in Support of International Education,” issued by DOS and the Department of Education.

For more information about National Interest Waiver green cards, please contact Karasik Law Group at 213-623-9200 or [email protected]

State Dept. Announces F/M/J Nonimmigrant Visa Processing Posts Outside of Moscow for Applicants Resident in Russia

The Department of State (DOS) announced on January 21, 2022, that due to “severely limited consular operations in Moscow,” DOS has designated multiple posts for processing certain nonimmigrant visa applications from persons resident in Russia. Russia-based student visa applicants (F and M categories), academic exchange J visitors (student, professor, research scholar, short-term scholar, and specialist J visa categories), and participants in U.S. government-funded exchange visitor programs may apply at Mission Kazakhstan and the U.S. embassies in Belgrade and Yerevan.

DOS encourages applicants to check each post’s website for the latest information on services and appointment availability at that specific post.

The agency noted that this designation does not prevent Russia-based F, M, and J applicants from applying at other posts where they are physically present. This designation also does not exempt travelers from the Centers for Disease Control and Prevention’s (CDC) requirement that all air travelers to the United States be vaccinated against COVID-19 with a World Health Organization emergency use-listed vaccine, DOS said.

If you need more information, please contact Karasik Law Group

Details:

“Announcement of F/M/J Processing Posts for Applicants Resident in Russia,” State Dept., Jan. 21, 2022, https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-F-M-J-processing-posts-for-applicants-resident-in-russia.html

Announcement of F/M/J Processing Posts for Applicants Resident in Russia Safely Resuming Travel by Vaccine Requirement and Rescission of Travel Restrictions on Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom

Immigration Provisions in BBB Reconciliation Bill. Fee Increases.
The House of Representatives’ 2,135-page draft budget reconciliation bill retains several immigration measures, including provisions paving the way for high-skilled scientists and engineers, and raising immigration-related fees.
Included are several immigration-related fee increases, including a measure to add a supplemental fee of $500 to existing fees for H-1B petitions. According to a study by the National Foundation for American Policy “employers pay government-imposed fees and attorney costs of up to $16,560 for an initial H-1B petition and $28,620 for the combined cost of an initial H-1B petition and an extension.” The new fee would increase the cost further. Other immigration-related fees that would be imposed by the House budget reconciliation bill, if passed, include:
$100 for certain family-sponsored immigrant visa petitions (Form I-130)
$800 for each employment-based immigrant visa petition (Form I-140)
$15,000 for each employment-based fifth preference petition (Form I-526)
$19 for each Form I-94/I-94W issued to nonimmigrants who enter the United States
$250 for each F-1 and M-1 nonimmigrant student and J-1 exchange visitor
$500 for each application to replace a legal permanent resident card
$500 for each petition for E, H-1B, L, O, or P status (Form I-129)
$500 for each application to change or extend nonimmigrant status (Form I-539)
$500 for applications for employment authorization (Form I-765)
$75 for each approved nonimmigrant visa