Best Law Offices, PC, 4500 Main Street, Suite 620, Virginia Beach, VA (2026)

12/06/2024

The Corporate Transparency Act (“CTA”) has been put on pause at least for now following issuance of a nationwide preliminary injunction by a federal judge in Texas. Many lawsuits have been filed in multiple jurisdictions challenging the CTA, but the judge in this specific case explicitly stated that the temporary ruling is nationwide and effective immediately. This means that the Department of the Treasury cannot enforce the CTA or its reporting requirements in any state while the lawsuit is making its way through the trial process.

The plaintiffs in the Texas case include a group of small business owners and a trade association. The judge found that the Plaintiffs were likely to succeed on their claims that the CTA is unconstitutional because it violates the First Amendment by compelling speech as well as the Fourth Amendment’s right to privacy. The judge also observed that corporate regulation has traditionally been under the jurisdiction of the states, not the federal government.

The Department of the Treasury will likely appeal the injunction ruling, and a final decision on the constitutionality of the CTA will not be made until the myriad lawsuits make their way through the legal system. The issue will probably end up before the Supreme Court if Congress does not revise or rescind the CTA.

For now, existing companies that have already filed their Beneficial Ownership Information Report (“BOIR”) don’t need to take action. Companies that have not yet filed their BOIR or newly formed entities should gather the necessary information and be ready to file should the injunction be lifted. The situation could change on short notice, so it will be important to stay informed on new developments.

Best Law will continue to monitor the situation. If you have questions about CTA compliance or any other business law matters, contact us!

11/19/2024

The CTA and BOIR – What Every Business Should Know

On January 1, 2024, a new law called the Corporate Transparency Act (“CTA”) took effect. The CTA mandates that most business entities that are registered in the U.S. must file a Beneficial Ownership Information Report (“BOIR”) with the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”). The goal of this new law is to combat tax fraud and other financial crimes by identifying the individuals who are in control of businesses. The BOIR requires information about the company, its owners, and any individuals who exercise substantial control over the business, including directors, officers, senior managers, and other “important decision-makers.” In this way, the name “Beneficial Ownership Information Report” is a misnomer, because the report doesn’t just require ownership information; it requires management information too.

Importantly, this law is targeted toward small- and medium-sized businesses. Large companies with more than 20 full-time employees and prior year gross receipts over $5 million may be exempt from the filing requirement, while small “mom and pop” shops are not. It doesn’t matter if your company is an LLC or a corporation; all business types are subject to this law, including not-for-profit companies such as homeowner’s associations. The bottom line is that if the company is registered with the Secretary of State, then it is probably required to file a BOIR.

Because the core purpose of the BOIR is to identify the humans who are in control of businesses, the electronic form requires a passport or state-issued ID to be uploaded for each owner or manager. The person’s residential address must also be listed. These requirements have sparked privacy concerns in both the business and legal communities. There are many active lawsuits challenging the CTA. Time will tell if it stands, but for now, it is the law. The willful failure to comply with the BOIR filing requirement may lead to both civil and criminal penalties, including fines as well as possible jail time.

Companies that existed before the new law took effect have until December 31, 2024, to submit their initial BOIR, which can be done through FinCEN’s online system. Companies created during 2024 must file their BOIR within 90 days of formation. Companies created on or after January 1, 2025, must file their BOIRs within 30 days of formation.

If you have questions about whether the BOIR requirement applies to your business or if you need help filing your company’s initial report, contact the experts at Best Law Offices today!

08/19/2024

Today, USCIS will start accepting applications for the new Parole in Place program. As part of President Biden’s Keeping Families Together initiative, this program allows noncitizens who were not legally admitted to the U.S. to apply for temporary legal status if: 1) they are married to a U.S. citizen and got married before June 17, 2024 (when the program was announced); 2) they have been continuously present in the U.S. for at least 10 years; and, 3) they have no criminal history and are not a threat to public safety or national security. Stepchildren of U.S. citizens are also eligible.

A person who was not legally admitted to the U.S. is not allowed to apply for a green card. So, even if they are married to an American citizen, people who entered the country illegally can’t file an application to “fix” their immigration status. But, if they are granted parole through this new program, then they will be in lawful temporary status, which will open the door for the normal family-based adjustment of status process. This is a major change that could impact half a million families in the U.S. Before this program, families were faced with a difficult choice to either continue living under the radar in unlawful status or to go back to their home country and try to get an immigrant visa from the U.S. Consulate. The immigrant visa process is risky, because once these noncitizens leave the U.S., they could be barred from re-entering for up to 10 years. Many families choose to live in limbo instead of taking a chance on getting separated.

Think you or your family member might qualify for this new program? Contact Best Law for more information on the rules and how to apply!

07/08/2024

Recent decisions by the U.S. Supreme Court and lower court judges are casting doubt on the FTC’s new rule banning noncompete clauses in employment contracts for most American workers. The ban was announced in April 2024 and is scheduled to take effect on September 4, 2024. However, the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo has given judges new authority to strike down federal policies, which could make it difficult for employers (and employees) to navigate the changing landscape.

In Loper Bright, the Supreme Court overturned the long-standing legal precedent called the Chevron doctrine, under which federal courts are required to defer to a federal agency’s interpretation of the law when the language of the statute itself was ambiguous, as long as the agency’s interpretation is reasonable. Congress passes the laws, but federal agencies write the regulations and policies that give further instruction on how the law is applied. Chevron limited the ability of judges to supplant an agency’s decision about what the law means with their own individual interpretation. Now that Loper Bright has overturned Chevron, judges have more authority to block federal policies based on their own individual interpretations of the law.

Last week, a federal judge in Texas ruled that the FTC exceeded its authority by enacting such a wide-sweeping noncompete ban and prevented the parties in that case from enforcing it. This judge did not issue a nation-wide injunction, which would have prevented any parties anywhere in the country from enforcing the ban. But, other judges in future cases could order injunctions at the U.S. district court level. Even though the noncompete ban is a federal policy, it could be enforced differently in different areas of the country, which will be particularly challenging for employers with offices in multiple states. The status of the noncompete ban could fluctuate with little or no warning as these lawsuits make their way up the ladder of the judicial system.

The Loper Bright decision not only calls into question the future of the noncompete ban, but potentially every other federal administrative policy, including issues related to taxes, immigration, and imports/exports, to name a few. Now more than ever, employers will need to stay up to date on developments in the legal world that could have a direct impact on their businesses.

Best Law Offices can help your business navigate the changing waters of the U.S. legal system. Call to schedule your free consultation!

06/21/2024

You may have heard about President Biden's new immigration initiative for spouses of U.S. citizens, but it's not in force yet. See some important info below, and beware of anyone promising to fix your loved one's status at this time!

06/14/2024

We're hiring an Associate Attorney! Who wants to join the BEST team?

04/24/2024

Yesterday, the Federal Trade Commission announced a final rule that would ban almost all non-competition agreements for U.S. workers. Non-compete clauses are commonly included in employment contracts to prevent an employee from quitting one company to work for one of its rivals. These clauses usually restrict an employee from working in the same industry within a specific geographic area for a specific amount of time. For example, a typical non-compete clause may state that an employee who voluntarily resigns cannot work for another employer or start their own business in the same industry within 50 miles of the former employer’s location for a period of 6 months. These clauses are designed to protect the employer from losing customers to a former employee.

However, the FTC has determined that non-competition agreements are unfair to workers, depress wages, and inhibit the formation of new businesses, all of which are detrimental to the U.S. workforce. In January 2023, the FTC solicited public comment on its proposed rule banning non-compete agreements and received overwhelming support in favor of this change. The final rule is expected to be published in the Federal Register soon and will go into effect 120 days after publication.

The new rule prohibits employers from entering into new non-compete agreements and from enforcing most existing non-compete agreements against current or former employees. An exception is made for existing non-compete agreements with senior executives who earn more than $151,164 per year and who are in a policy-making position. These agreements can continue to be enforced, but the FTC estimates that this exception will apply to less than 1% of all agreements.

The ban will almost certainly be challenged in court by employers and pro-business groups, so only time will tell if this ban becomes the new law of the land. The ban does not impact non-disclosure agreements, which prevent an employee from sharing a company’s trade secrets or using confidential business information for the employee’s personal benefit.

Whether you are an employee with a non-compete clause in your contract or an HR manager drafting an employment agreement for a new hire, the experts at Best Law Offices can help you navigate the legal complexities of this developing issue. Contact us today for a free consultation!

02/16/2024

For the first time since 2016, USCIS is changing the fees it charges for virtually all immigration filings. Unlike most other federal agencies, USCIS is almost entirely fee-funded, with 96% of its operating budget coming from filing fees and only 4% from Congressional appropriations. As the volume of immigration filings has skyrocketed in recent years, USCIS has struggled to keep up with demand, which has resulted in backlogs and longer processing times across the board. USCIS tried to increase its fees back in 2020 but that change was ultimately blocked by litigation. In January 2023, USCIS published a new proposed fee schedule and solicited public comments. After taking almost a full year to conduct a comprehensive review of the comments and concerns raised by the public, USCIS made additional changes to the fee schedule and published the final version on January 30, 2024. The new fees will take effect on April 1, 2024.

While fees are going up across the board, some categories will be hit harder than others. For example, the fee for an I-130 Petition for Alien Relative (which is the first step for most family-based immigration cases) is going up from $535 to $675, an increase of $140 or 26%. Meanwhile, companies filing an I-129 petition seeking L-1 status for an international transferee will now pay a whopping $1,385 instead of the current $460, which is an increase of 201%. Employers with fewer than 25 employees will receive a 50% discount on the I-129 filing fee, which will help soften the blow to small businesses. USCIS will also offer a $50 discount for applications that are filed electronically, although currently e-filing is only available for a small number of form types. USCIS expects to add additional forms to its e-filing portfolio over the next few years as the agency seeks to modernize its operations.

Fees will also go up significantly for both family-based and employment-based green card applicants. Typically, a person who is already in the U.S. applies for a green card by filing an I-485 Application for Adjustment of Status. At the same time, most people also file an I-765 work permit application (so that they can work while waiting for their green card) and an I-131 advance parole application (to allow them to travel abroad without jeopardizing their pending green card case). Under the current structure, USCIS does not charge people who have filed an I-485 any filing fee for the I-765 and I-131 applications; the I-485 filing fee of $1,225 covers the whole trio of forms. However, under the new structure, separate fees will be charged for each of these applications, which will bring the cost for a typical green card applicant up to $2,305. Adjustment applicants will need to carefully consider whether the benefits of having a work permit and/or advance parole are worth the extra cost under the new system.

Separately from the main fee schedule change, USCIS is also increasing its fee for premium processing service, which guarantees faster action on certain types of employment-based cases in exchange for an extra fee. Since premium processing is an optional expedited service, USCIS can increase this fee on its own volition without first publishing it for public comment. The current premium processing fees range from $1,500 - $2,500 depending on the type of case and will go up to $1,685 - $2,805 effective February 26, 2024. These new rates are based on inflation as measured by the Consumer Price Index over the last few years.

If you have questions about the new fee schedule or if you want to try and get your case filed before the prices go up, contact Best Law today!

01/16/2024

Congratulations to Chuck on being named (again) as one of Coastal Virginia Magazine’s Top Lawyers for immigration law!

12/21/2023

This just in! The long-awaited domestic visa renewal pilot program was formally announced today. This new program will allow certain employment-based visa holders to apply for a new visa by mail from inside the U.S., instead of having to visit a U.S. Consulate abroad. With visa appointments still hard to come by in some countries, this domestic renewal option could be a game changer. The domestic renewal option is only available to people who are currently in H-1B status and whose previous H-1B visa was issued by a Consulate in Canada or India. There are several other eligibility requirements that further restrict who can use this pilot program. The hope is that if the program is a success, it will become permanent and will be expanded to cover additional visa categories.

The State Department will start accepting online applications for the pilot program on January 29, 2024. A limited number of applications will be accepted each week. The program will continue through either April 1, 2024, or until 20,000 applications are received, whichever comes first.

Want more info? Contact us!

12/20/2023

Yesterday, the IRS announced new tax penalty relief that could be a welcome holiday surprise for many Americans with overdue tax bills. The IRS will waive failure to pay penalties for individuals and businesses who owe less than $100,000 in taxes from 2020 or 2021, as long as they pay their balance due before April 1, 2024.

During the COVID pandemic, the IRS stopped sending out automatic notices reminding taxpayers of their balance due. So, many taxpayers may not have realized that their unpaid balances continued accruing interest and penalties over the last few years. The IRS will send special notices in January to eligible taxpayers with their updated balance and payment instructions. Automatic notices will also resume in the new year.

The penalty waiver will be applied automatically, so eligible taxpayers don’t have to take any extra steps to seek this relief. Individuals who already paid penalties for tax years 2020 and 2021 will get a credit or refund.

While the IRS is required by law to collect interest on unpaid tax balances, waiving the failure to pay penalty will help reduce the total amount due from taxpayers and will provide an incentive to settle their accounts quickly. Individuals who are unable to pay their tax debt in full can often negotiate a payment plan with the IRS or an offer in compromise, whereby the IRS agrees to settle the tax debt for less than the full amount owed based on the individual's unique circumstances and financial position.

An experienced tax attorney can be your best weapon in seeking relief from back taxes. If you have questions about your tax situation or this new penalty waiver, contact Best Law Offices for a free consultation with one of our experts. And don’t wait – the window for penalty relief will only stay open through March 31, 2024!

10/13/2023

Israeli citizens will soon be able to travel to the U.S. without having to get a visa first. On September 27, the U.S. announced the designation of Israel into the Visa Waiver Program (called the “VWP”), which allows citizens from designated countries to enter the U.S. for up to 90 days for business or tourism. Israel will become the 41st country in the VWP, and Israeli citizens can start using the program on November 30.

Instead of having to apply for a visa from a U.S. Consulate abroad, VWP travelers must register in the Electronic System for Travel Authorization (ESTA) prior to their trip. Travelers enter their biographic information and answer some questions about their personal history to confirm that they qualify for the VWP. The system runs a security check to minimize the chance of entry problems when the person arrives at Customs. If approved, the ESTA registration is typically valid for two years and can be used for multiple trips during that period.

The ESTA registration process is very straightforward and only takes a few minutes to complete, while getting a tourist visa from a U.S. Consulate can take weeks or even months. The tradeoff is that people who enter the U.S. using the VWP generally aren’t permitted to change to another visa category from inside the U.S. and they are only allowed to stay for a maximum of 90 days, while people with a tourist visa can stay for up to six months.

In order to be admitted into the VWP, the foreign country must offer similar visa-free entry requirements to U.S. citizens. Israel recently extended entry privileges to all U.S. citizens, including Palestinian-Americans. The addition of Israel to the VWP is timely given the current conflict between Israel and Hamas. The VWP could give Israelis a way to escape the threat of violence in their home country for at least a short time.

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