Intellectual Property Consultants

Fitzgerald & Company would also like to take this opportunity to inform you of some changes and developments that occurred last year in immigration, and remind you of what actions you may be eligible to take currently in your path towards American citizenship.  Please feel free to forward a link to this newsletter to anyone you know who may find immigration information useful.
The Importance of Contacting your Representatives and Senators
There have been several important events or developments in 2007 that are worthy of comment and should be of interest to anyone who is or who may be affected by immigration laws. In 2007 we had a Comprehensive Immigration Reform bill (proposal) rejected by the Senate, new restrictive Labor Certification regulations enacted, and the US presidential candidates have all stated that immigration policies are an important issue which may result in some imminent changes. Political figures are extremely responsive to public opinion, and for this reason, it is important that we let the representatives, senators and all political candidates and office-holders in our regions know that we need positive changes to ease the difficulties that so many immigrants face in the United States today.
The names and telephone numbers of the U.S. Senators can be found at the following internet address:
http://www.senate.gov/general/contact_information/
senators_cfm.cfm
and the names of the congressman in your area are listed at this address:
http://www.house.gov/writerep/
Proposed Immigration Reform Law
On June 18, 2007 Senators Kennedy and McCain filed a bill in the US Senate that would have provided some relief to so many of the immigrants living in the US and to many of their family members abroad. The bill was rejected on June 28, 2007 by a vote of 46 (in favor / YES) to 53 (against / NO). Of the 46 senators that supported the bill 13 were Republicans and 33 were Democrats, and of the 53 senators that rejected the law 15 were Democrats and 38 were Republicans.
The law would have included among its provisions the following:
·    A nonimmigrant Z-visa category for illegal aliens (and their families) who have been continuously physically present in the United States since January 1, 2007, and are: (1) employed and seek to continue working or (2) studying
·    Increased per-country-limits for family-based and employment-based immigrants and increased family-sponsored immigrant visas until backlogs are adjudicated
·    A merit-based immigrant evaluation system
·    Made the Conrad J-1 visa (foreign physicians in medically underserved areas) waiver program permanent
·    Revised student visa provisions respecting: (1) off campus work; (2) distance learning; (3) dual intent; and (4) graduate students in mathematics, engineering, natural sciences, or information technology, and
·    Revised H-1B visa (specialty occupation) provisions, including: (1) annual admissions cap increases; (2) employer requirements; (3) degree requirements; (4) merit-based extension of stay; and (5) government requirements.
In addition to these positive sections there were some provisions of the proposal that would have been negative, such as restrictions on obtaining “green cards” in the US and new limitations on L1A visas for new companies; however, there would likely have been an over all positive result.
LCA / PERM Restrictions
On May 17, 2007, the Department of Labor (DOL) issued new regulations on the permanent labor certification program which included a “Prohibition on Substitution”, meaning that an LCA cannot be transferred from one potential employee to another. The DOL further stipulated a “Time Limitation” on an LCA’s validity (See 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007), requiring that once approved, an LCA must be “used” or filed in support of an I-140 (immigrant visa petition) within 180 days.
Adjustment after EWI (Entry Without Inspection) or Overstay
Title 8CFR 245.10 allows the spouse or child (including step children) of an individual who directly qualifies under the section 245(i) law to receive their green card in the U.S., even if they entered after Dec. 21, 2000 and the “relationship” was established after April 30, 2001. This is an important provision that merits a review to determine whether you may be eligible for a green card based upon your existing relationship with a family member who is a direct/primary beneficiary of 245(i).
You may be 245 (i) eligible and not know it
If you were ever included in an immigration application filed by April 30, 2001, and the application was abandoned or uncompleted for any reason (i.e. employment change, divorce, death of petitioner, etc.), you may still be 245(i) eligible, and as a result be eligible to start another immigration application. Please call our office for a consultation if you think this benefit may apply to you.
Take Advantage of Opportunities
As so many aspects of immigration are continuing to become more difficult and immigration application fees are dramatically increasing, we encourage you to take advantage of opportunities to file immigration and citizenship petitions promptly. We have prepared a chart to assist you in identifying the earliest filing elegibility date for a personal benefit and for a benefit on behalf of another person in your family.
For example, if you are under a non-immigrant visa status you may be eligible to apply for a green card/residency. There are advantages of becoming a legal permanent resident, such as legally living, studying and working in the United States, being able to petition for residency for your spouse and unmarried children under 21, and being able to travel in and out of the U.S.
Similarly, if you have been a legal permanent resident for 5 years (3 years in the case of a residency by marriage), you may be able to apply for citizenship. Being a citizen will grant you additional benefits, such as voting in government elections, being able to sponsor all immediate relatives for residency, obtaining a U.S. passport to travel, and remaining outside the U.S. without restrictions. Finally, if you are a citizen you may want to apply for a green card/residency for eligible family members.
If you are eligible to apply for any immigration benefits, such as the ones listed on our chart, we advise you to do so as soon as possible in order to obtain or provide your family quicker access to the benefits of residency and citizenship. To find out more about these application processes and the types of documents that you need for filing these applications, please consult our website at: http://www.fitzgeraldlawcompany.com. We also have a very comprehensive frequently asked questions area which you may find very helpful.
In our experience processing time for most immigration applications have lengthened overtime, and since it is hard to predict what future changes will happen in the law, we urge you to take immediate action with regard to filing them.
You May Sue the USCIS in Certain Situations
In the past year more individuals have filed actions in the US District Court to seek a resolution for a decision to a long delayed immigration petition or to have a poor or improper decision by the USCIS reviewed. This has been an effective vehicle to have a case promptly and correctly decided, and our office has been a leader in the development of innovative strategies doing this with much success. Recent congressional proposals have sought to eliminate this possibility, but they have been unsuccessful to date.
What can you do?
·    Challenge USCIS processing delays in the US District Court, by bringing legal actions against them
·    Apply for immigration benefits for you and your family members as soon as the eligibility requirements are met (see attached chart)
·    Call and write to political representatives and candidates, and
·    Encourage others in your community and family to do the same.
If you have any questions about how any of the items discussed here may impact you or your family, please do not hesitate to call our office and we will be glad to assist you. We request that you inform us of any changes in your contact information (address, email or telephone numbers—it is a duty to report these to immigration if you are not a U.S. citizen), or any changes to your individual situation (i.e. changes in marital status, employment, the birth of children, etc.), as it may provide for different immigration opportunities.

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Fitzgerald & Company would also like to take this opportunity to inform you of some changes and developments that occurred last year in immigration, and remind you of what actions you may be eligible to take currently in your path towards American citizenship.  Please feel free to forward a link to this newsletter to anyone you know who may find immigration information useful.
The Importance of Contacting your Representatives and Senators
There have been several important events or developments in 2007 that are worthy of comment and should be of interest to anyone who is or who may be affected by immigration laws. In 2007 we had a Comprehensive Immigration Reform bill (proposal) rejected by the Senate, new restrictive Labor Certification regulations enacted, and the US presidential candidates have all stated that immigration policies are an important issue which may result in some imminent changes. Political figures are extremely responsive to public opinion, and for this reason, it is important that we let the representatives, senators and all political candidates and office-holders in our regions know that we need positive changes to ease the difficulties that so many immigrants face in the United States today.
The names and telephone numbers of the U.S. Senators can be found at the following internet address:
http://www.senate.gov/general/contact_information/
senators_cfm.cfm
and the names of the congressman in your area are listed at this address:
http://www.house.gov/writerep/
Proposed Immigration Reform Law
On June 18, 2007 Senators Kennedy and McCain filed a bill in the US Senate that would have provided some relief to so many of the immigrants living in the US and to many of their family members abroad. The bill was rejected on June 28, 2007 by a vote of 46 (in favor / YES) to 53 (against / NO). Of the 46 senators that supported the bill 13 were Republicans and 33 were Democrats, and of the 53 senators that rejected the law 15 were Democrats and 38 were Republicans.
The law would have included among its provisions the following:
·    A nonimmigrant Z-visa category for illegal aliens (and their families) who have been continuously physically present in the United States since January 1, 2007, and are: (1) employed and seek to continue working or (2) studying
·    Increased per-country-limits for family-based and employment-based immigrants and increased family-sponsored immigrant visas until backlogs are adjudicated
·    A merit-based immigrant evaluation system
·    Made the Conrad J-1 visa (foreign physicians in medically underserved areas) waiver program permanent
·    Revised student visa provisions respecting: (1) off campus work; (2) distance learning; (3) dual intent; and (4) graduate students in mathematics, engineering, natural sciences, or information technology, and
·    Revised H-1B visa (specialty occupation) provisions, including: (1) annual admissions cap increases; (2) employer requirements; (3) degree requirements; (4) merit-based extension of stay; and (5) government requirements.
In addition to these positive sections there were some provisions of the proposal that would have been negative, such as restrictions on obtaining “green cards” in the US and new limitations on L1A visas for new companies; however, there would likely have been an over all positive result.
LCA / PERM Restrictions
On May 17, 2007, the Department of Labor (DOL) issued new regulations on the permanent labor certification program which included a “Prohibition on Substitution”, meaning that an LCA cannot be transferred from one potential employee to another. The DOL further stipulated a “Time Limitation” on an LCA’s validity (See 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007), requiring that once approved, an LCA must be “used” or filed in support of an I-140 (immigrant visa petition) within 180 days.
Adjustment after EWI (Entry Without Inspection) or Overstay
Title 8CFR 245.10 allows the spouse or child (including step children) of an individual who directly qualifies under the section 245(i) law to receive their green card in the U.S., even if they entered after Dec. 21, 2000 and the “relationship” was established after April 30, 2001. This is an important provision that merits a review to determine whether you may be eligible for a green card based upon your existing relationship with a family member who is a direct/primary beneficiary of 245(i).
You may be 245 (i) eligible and not know it
If you were ever included in an immigration application filed by April 30, 2001, and the application was abandoned or uncompleted for any reason (i.e. employment change, divorce, death of petitioner, etc.), you may still be 245(i) eligible, and as a result be eligible to start another immigration application. Please call our office for a consultation if you think this benefit may apply to you.
Take Advantage of Opportunities
As so many aspects of immigration are continuing to become more difficult and immigration application fees are dramatically increasing, we encourage you to take advantage of opportunities to file immigration and citizenship petitions promptly. We have prepared a chart to assist you in identifying the earliest filing elegibility date for a personal benefit and for a benefit on behalf of another person in your family.
For example, if you are under a non-immigrant visa status you may be eligible to apply for a green card/residency. There are advantages of becoming a legal permanent resident, such as legally living, studying and working in the United States, being able to petition for residency for your spouse and unmarried children under 21, and being able to travel in and out of the U.S.
Similarly, if you have been a legal permanent resident for 5 years (3 years in the case of a residency by marriage), you may be able to apply for citizenship. Being a citizen will grant you additional benefits, such as voting in government elections, being able to sponsor all immediate relatives for residency, obtaining a U.S. passport to travel, and remaining outside the U.S. without restrictions. Finally, if you are a citizen you may want to apply for a green card/residency for eligible family members.
If you are eligible to apply for any immigration benefits, such as the ones listed on our chart, we advise you to do so as soon as possible in order to obtain or provide your family quicker access to the benefits of residency and citizenship. To find out more about these application processes and the types of documents that you need for filing these applications, please consult our website at: http://www.fitzgeraldlawcompany.com. We also have a very comprehensive frequently asked questions area which you may find very helpful.
In our experience processing time for most immigration applications have lengthened overtime, and since it is hard to predict what future changes will happen in the law, we urge you to take immediate action with regard to filing them.
You May Sue the USCIS in Certain Situations
In the past year more individuals have filed actions in the US District Court to seek a resolution for a decision to a long delayed immigration petition or to have a poor or improper decision by the USCIS reviewed. This has been an effective vehicle to have a case promptly and correctly decided, and our office has been a leader in the development of innovative strategies doing this with much success. Recent congressional proposals have sought to eliminate this possibility, but they have been unsuccessful to date.
What can you do?
·    Challenge USCIS processing delays in the US District Court, by bringing legal actions against them
·    Apply for immigration benefits for you and your family members as soon as the eligibility requirements are met (see attached chart)
·    Call and write to political representatives and candidates, and
·    Encourage others in your community and family to do the same.
If you have any questions about how any of the items discussed here may impact you or your family, please do not hesitate to call our office and we will be glad to assist you. We request that you inform us of any changes in your contact information (address, email or telephone numbers—it is a duty to report these to immigration if you are not a U.S. citizen), or any changes to your individual situation (i.e. changes in marital status, employment, the birth of children, etc.), as it may provide for different immigration opportunities.

Read more

The real challenge for the creative minds is thus not just to produce and market winning and newer products that would cater to the changing consumer tastes, but also to prevent and effectively deal with this all-pervasive phenomenon of ‘plagiarism’ - or theft of their creative ideas. In the give scenario, Intellectual Property Rights (IPRs) is one system which provides the best and most effective ‘tool-kit’ for creating and maintaining ‘exclusivity’ over the creative and innovative outputs in today’s ever-crowding marketplace, albeit for a specified time period.

Read more

IPRs define the rights and privileges attached to ownership of intellectual property. Such rights allow owners to exercise a temporary monopoly over the use of their creations; they have exclusive rights, for a limited time, to decide who may use a product or work and under what conditions. Such rights define ownership and specify the degree to which inventors and creators may profit from their work, the access others may have to the works themselves or to information about them, and how others may use or improve upon existing works.

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The absence of an international sovereign makes a global IPRs system problematic. Every nation has different intellectual property laws, making cooperation difficult, although many international IPRs agreements have been developed. Which nation’s standards should apply? Most international agreements take a national approach in which a country agrees to provide foreign innovators with the same protection provided to its domestic citizens. Creators of intellectual property generally must seek protection separately in each jurisdiction, a cumbersome process.

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Science and technology provide many societal benefits, such as the enhancement of economic growth or quality of life. They also can produce negative, unintended consequences. Most societies promote science and technology, but this can be costly. Establishment of IPRs that protect new works and give innovators the right to profit from their creations provides incentives for expensive innovation without the need for direct government subsidies (Posner 2004). At the same time, IPRs may maintain or aggravate wealth inequities.

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A key element to entrepreneurial success is choosing the right people to be part of your management team. In fact, angel investors and venture capitalists both view strength of the management team as the major determining factor in whether they are willing to make an investment in the company. But it is also important for an entrepreneur to have outside advisors he or she can trust and rely on, an accountant being one of these. Even a start-up company with little or no revenues needs to have a good accountant available, as well as an attorney who has experience with young businesses.

Accountants are important members of a company’s team. If you’re a start-up or small business you may not have the resources to hire an accountant full time. There are software programs that can do most of the data entry but it’s still a good idea to hire an accounting firm on a consulting basis to oversee your accounting systems, processing, and tax returns.

Attorneys are just as important, perhaps more so than accountants. An attorney can guide you to select the most appropriate way to set up your business. The best time to retain an attorney is before you need one. It’s worth the money to know that if something comes up you have a legal expert who is familiar with your company. Attorneys have valuable contacts with venture capital firms and private investors. They know what is reasonable in a private offering , what isn’t, and what must be included.

An attorney can also help you protect your intellectual property, trademarks, trade names and trade secrets. While it may seem expensive to have an experienced attorney on your management team it will avoid problems later.

Business Appraisers can tell you how much your business is worth and why. If you’re considering refinancing, that business appraisal can help you determine how much debt the company can carry.

If you’re considering selling your business the business appraiser can provide a ball park valuation. Of course the buyer will want to conduct their own due diligence and may even hire their own independent business appraiser, that’s to be expected. The appraisal you have completed gives you a bench mark to start negotiations.

A Business Plan Consultant can expedite the business planning process. If you’re looking for investors a well thought out concise business plan is critical. If you’re considering starting a company, a business plan will help you improve your chances for success and avoid making serious mistakes. You may be the only one who reads this plan, although you should have input from a number of other people with business experience. A business plan is an important ingredient to the success of a start-up business.

Using Consultants to provide services you need on an outsourcing basis can be much less expensive in the long run than hiring someone as an employee. The consultant probably will cost more on an hourly basis but you only need their services on a project basis. Consultants can provide programming, technical assistance, and communications expertise, just to name a few areas.

When hiring a consultant, or consulting firm, ask for references and check those references. A good place to start the search for a consulting firm is to ask your attorney and accountant for recommendations.

Read more

The real challenge for the creative minds is thus not just to produce and market winning and newer products that would cater to the changing consumer tastes, but also to prevent and effectively deal with this all-pervasive phenomenon of ‘plagiarism’ - or theft of their creative ideas. In the give scenario, Intellectual Property Rights (IPRs) is one system which provides the best and most effective ‘tool-kit’ for creating and maintaining ‘exclusivity’ over the creative and innovative outputs in today’s ever-crowding marketplace, albeit for a specified time period.

Read more

A TIC: Agreement, or Tenants in Common Agreement, is an agreement that is used to establish the rights of people who own property together but who are not related by marriage. Any people who own property together but who are unmarried are considered as being tenants in common, and the TIC: Agreement is then used to cover them and to consider an entity, the property, that they own together.

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