On January 6, 2023, a three-judge bench of Pennsylvania’s Superior Court made a ground-breaking decision regarding paternity testing for children whose fathers doubted their paternity. 

While the Superior Court’s decision on V.L.-P. v. S.R.D. may not be final, this case becomes a classic example of when the child’s best interests were weighed against science. 

Paternity Testing Has Come A Long Way

Paternity testing has come a long way. Not more than four decades ago, paternity testing involved bringing a child whose paternity was in question into the courtroom, where the judge or the jury would decide if the baby had any semblance with the accused father. 

Given the advanced methods of determining paternity today, it is difficult to imagine how anyone would have thought such an approach was a good idea. 

“The closest to genetic testing was blood tests approved in 1961 but its accuracy was nowhere close to genetic tests,” says Matt Towson of  Towson Law Firm.

Paternity by Estoppel

Even with the tests, a man who acted like a father to a child was estopped (disallowed) from denying paternity later. 

When deciding a 1963 Com. ex rel Weston v. Weston case, a three-judge bench of the Pennsylvania Superior Court observed that it was not right for a person to accept the role of a parent to a child only to question it later. At the same time, the court observed that the blood test, the only available test at the time, was not definitive.

The Story behind V.L.-P. v. S.R.D 

V.L.-P. v. S.R.D. 2023 Pa. Super. 2 (2023) revolves around the paternity of A.D., a 14-year-old girl born in 2008. According to the child’s mother, the child was a product of sexual intercourse she had with S.R.D. on the 2008 Super Bowl Sunday. 

When the mother informed the father about the pregnancy, the father, S.R.D, accepted it as the truth and took full responsibility by being in A.D.’s life, including paying child support. 

S.R.D. went as far as sharing physical custody of A.D. during the pandemic, but around this time, he stopped paying child support and demanded genetic testing. As a result, the mother, through her lawyer, asserted estoppel on the premise of S.R.D.’s relationship with A.D. for over 12 years. 

When It All Began

The controversy about the child’s paternity began in early 2020 when S.R.D. and his current wife set out to explore their genealogy on Ancestry.com in early 2020. The results from Ancestry.com showed that S.R.D did not have any genetic connection with A.D.

When making the decision, the superior court noted that paternity was a fact that needed to be known. According to Judge Megan King, failure to do so could mean perpetuating fraud. 

There is a possibility that S.R.D. is the child’s father, assuming that there was an error in Ancestry.com’s results. But the mother’s claim that a swab test is more harmful than the truth seems hollow and only raises suspicions that she may have something to hide. 

Life Turned Upside Down

The sad part of this story is that A.D.’s life has been turned upside down by the turn of events. The man she had known as a father all her life has withdrawn his paternity, suggesting that their relationship was anchored on a fraud perpetrated by her mother. 

While it’s a painful decision if you look at it from A.D.’s perspective, it doesn’t make sense to think that a man who feels they had been lied to about the paternity of a child doesn’t have a right to know the truth. 

Walking from point A to point B has health, economic, and environmental benefits. However, when walking involves being close to vehicles, there is a chance you could get into an accident. 

As a pedestrian, you do not enjoy the same safety features as car users, so even a seemingly low-impact accident is highly likely to result in injuries. 

One of the most common injuries suffered by pedestrians on Illinois roads is concussions. This guide sheds light on a concussion, from its definition to everything you need to know about it.

What Is A Concussion?

Concussions fall in the category of traumatic brain injuries but are on the lowest end of the severity spectrum. 

They are caused by blunt force trauma to the head or a back-and-forth rocking of the head, smashing its contents (the brain) against the walls of the cranial cavity, causing minor bruises and chemical changes. 

Concussions are not life-threatening in most cases, but they can be if not addressed quickly and depending on the magnitude of the injury.

Signs and Symptoms of a Concussion

Concussion symptoms fall into three categories: physical, cognitive, and emotional. Physical signs include passing out for a moment after the accident, headaches, fatigue and drowsiness, dizziness, balance problems, sensitivity to light, nausea, and vomiting.

Since concussions are injuries to the brain, you can expect they will have an impact on how the brain works, often manifesting in some changes in a victim’s cognitive abilities. Common cognitive changes accompanying a concussion include difficulty concentrating, memory loss, confusion and disorientation, slurred speech, and slow reaction times. 

The chemical changes that come with a concussion may manifest as irritability and mood swings, insomnia, depression, and anxiety.

Delayed Concussions Symptoms

Concussion symptoms do not always show immediately after an accident. Sometimes, they can take as long as 72 hours, even longer, to show, even when the injuries may be severe. So, get medical attention after an accident, even when you feel okay. 

“In most cases, a CT scan can help diagnose a concussion. Even when you do not get a CT scan, visiting a doctor after your accident helps create a link between the accident and concussion symptoms that manifest days after an accident,” says attorney Ronald F. Wittmeyer, Jr. of the Law Offices of Rf Wittmeyer

Compensation for Concussions

Like other types of injuries, you may have a right to compensation if you suffer a concussion in an accident resulting from another party’s negligence. 

To improve your chances of success, start by documenting everything from the accident scene, injuries suffered, witness accounts, etc. Also, enlist the services of a skilled pedestrian accident lawyer based in Illinois. 

If you successfully claim, you will recover all monetary expenses from your accident and non-monetary damages such as pain, suffering, and emotional pain. 

Pedestrian Safety

As a pedestrian, your safety begins with you considering you will be most at risk in an accident with a vehicle. Practical safety precautions for pedestrians include keeping to the sidewalk where there is a very low chance of getting hit by a vehicle unless it loses control. 

If you have to cross the road, use designated pedestrian crossing zones. Avoid crossing the road in poorly lit areas when walking in the dark. Also, consider wearing brightly colored clothes to increase your visibility. However, doing your best may not guarantee absolute safety. When the worst happens, work with an Illinois pedestrian accident lawyer to fight for your rights.

DUI arrests are a nightmare for anyone involved. The fear of losing your license, facing possible criminal charges, and living with the stigma of a criminal record can be debilitating.

However, you can avoid the consequences of DUI arrests by not drinking and driving. But, if the worst happens and you end up with a DUI, you need to take the proper steps to minimize the situation’s impact.

This article discusses how to prevent and deal with DUI arrests.

How to Prevent a DUI

Rideshare apps, such as Uber and Lyft, have revolutionized the transport industry by making travel more convenient and affordable. With a click on your smartphone, you can book a ride and pay using cash or a credit card. Even if your town does not have an official rideshare program, you can use taxi services instead.

Another option is a designated driver. If you and your friends are going out for the night, have one person remain sober to drive everyone home safely. Ideally, your designated person should be trustworthy and have a clean driving record.

Next, we will discuss what you should do if you are pulled over under suspicion of driving under the influence.

Do Not Refuse a Breathalyzer Test

A breathalyzer test is used to identify drivers with high alcohol levels in their blood. These devices are more accurate and reliable than field sobriety tests. That is why police officers use them to gather the most crucial evidence of drunk driving.

You should cooperate with the officer and take a breathalyzer test, whether you think you are drunk or not. Conversely, refusing the test can result in harsher penalties and a suspension of your license. A license suspension can affect you in many ways, from limiting your job prospects to making it harder to get around.

Avoid Talking Your Way Out of a Ticket

Police frequently set up checkpoints around major highways to detect drunk drivers. When they pull you over for a traffic stop, you might feel tempted to explain your side of the story and deny wrongdoing.

However, the more you talk, the more opportunities you give the police to build a strong case. The officers might use your statements as evidence in court, making conviction more likely.

Instead, you should remain silent and let the officer do their investigation. Do not resort to any acts of anger because you may look like someone who has had too much to drink. Furthermore, be careful with officers trying to play mind games with you to get the necessary information.

Contact an Attorney Immediately

“Handling a DUI charge alone can be challenging, as DUI laws vary from state to state. The cases also involve filling out plenty of paperwork under tight deadlines,” says Seth Okin Attorney at Law. Fortunately, an attorney can help you navigate the process seamlessly and protect your rights.

Significantly, a DUI lawyer will start by helping you appeal the suspension of your license. They might also negotiate with the prosecutor for a plea bargain or dismissal of charges. Having your case dropped is a huge relief, as you can avoid all the severe consequences of a DUI charge.

The Bottomline

You can stay safe from DUI charges by avoiding drinking and driving. However, if you are already facing a DUI charge, try as much as possible to avoid more trouble. Cooperate with the officer to prevent further arrests that could negatively impact your DUI case.

Among the millions of workplace accidents that occur each year, a small yet significant number tragically escalate to fatal outcomes. In 2021 alone, this figure reached a disconcerting tally of 5,190.

These are not mere statistics but lives irreplaceably lost, leaving families in shock and despair. But amidst the grief, it’s important to recognize that the bereaved families and dependents hold a rightful claim to compensation.

This article seeks to guide individuals and families grappling with such circumstances, offering them the requisite knowledge and resources they need. So, we invite you to continue reading, for understanding is the first step towards recovery and justice.

Understanding Workplace Accidents and Workers’ Compensation

Workers’ compensation coverage is compulsory for employers in most states and serves as a safety net, providing medical benefits and wage replacement for employees injured or falling ill due to work-related circumstances. Even in states where it’s not compulsory, employers are liable for incidents that occur in the workplace; only this time, they have to carry liability directly.

“The premise of workers’ compensation insurance lies in a trade-off. Workers relinquish their right to sue for negligence in exchange for guaranteed compensation, irrespective of fault,” says workers’ compensation attorney Scott Silberman of Silberman & Lam, LLP.

The degree of risk of workplace accidents varies across industries. The construction, transportation, and agricultural sectors consistently register the most workplace accidents and fatalities in America, highlighting the pressing need for comprehensive workers’ compensation coverage in these high-risk industries.

Compensation for Fatal Workplace Accidents

Fatal workplace compensation is distinct from typical workers’ compensation, primarily in terms of who files the claim. Instead of the injured worker, a dependent or representative of the deceased’s estate initiates the claim process.

In some jurisdictions, there are generally two types of claims: dependency claims and psychological injury or nervous shock claims. Dependency claims are for dependents who rely on the deceased for financial support, while psychological injury claims involve the emotional trauma experienced by family members.

Claims can be made through the workers’ compensation cover/government scheme or pursued in court. Regardless of the approach, obtaining legal advice is highly recommended, given the complex nature of these claims.

Filing a Claim Directly From the Employer

Under certain circumstances, claimants may circumvent the workers’ compensation system and file a claim directly against the deceased’s employer. This route typically becomes appropriate when the employer has failed to provide workers’ compensation coverage or when factors such as intentional conduct or gross misconduct have contributed to the accident.

For instance, a direct claim can be made if an employer intentionally creates an unsafe work environment, leading to a fatal accident. Similarly, if gross misconduct, such as a blatant disregard for safety protocols, was a factor, the employer could be held directly accountable.

Filing a claim against the employer directly involves a different legal process than a typical workers’ compensation claim. This process can allow dependents to recover all damages, including non-economic damages, which are generally not recoverable under workers’ compensation.

It Is a More Complex Process

However, the path to filing a claim directly against an employer can be intricate and challenging, making professional legal representation essential. An experienced lawyer can help navigate the complexities, ensure the claim is appropriately filed, and advocate for the dependents’ rights to proper compensation.

Remember, each situation is unique, and the best course of action depends on the circumstances surrounding the fatal workplace accident and a lawyer is best placed to make the call.

Marijuana is the most cultivated, trafficked, and consumed drug globally. While it remains illegal under federal law, the push for its legalization is becoming more intensive by the day at home and abroad.

Several states have softened their stance on marijuana, making it legal to some extent. The American legal marijuana industry is estimated at $13.6 billion, creating over 340,000 jobs.

However, most states consider driving when high on cannabis an offense, with different states creating different rules and penalties for the offense of driving under the influence of alcohol and cannabis.

A New Interactive Map

Since its inauguration in July 2021, the National Alliance to Stop Impaired Driving (NASID) has been trying to deploy different technologies to fight all aspects of impaired driving. The most recent was released in late March 2022, which is a user-friendly online tool enabling criminal justice professionals to navigate the complex cannabis and DUI laws for free.

This tool is created with all parties fighting multiple drugs and impaired driving in mind, including lawyers, prosecutors, and other criminal justice professionals. Before this map became available online, criminal justice professionals had to go through databases and federal and state laws to understand DUI, cannabis, and underage drinking.

According to Darrin Grondel, the head of government relations at Responsibility.org, the organization that runs NASID, criminal justice professionals can access all the information they need by clicking a button.

It Provides the Most Updated Laws

“The days of burning the midnight oil gathering resources for a case are over,” says drug attorney Oleg Fastovsky of the Maryland Criminal Defense Group. The tool was created to allow for regular updates, given the rate at which marijuana laws are changing. This gives users the most up-to-date information helping them stay on top of the evolving laws.

According to Jonathan Adkins, the executive director of the Governors Highway Safety Association, road safety advocates and other people invested in eliminating DUI related to alcohol, marijuana, or multiple drug impairment should be able to keep up with evolving laws if they are going to win the battle.

This tool came at a critical time when the NHTSA released its comprehensive 2020 report that indicated a significant increase in fatalities recorded since 2007. Sadly, 11,654 deaths were a direct result of alcohol and intoxication, a 14% increase from the figures recorded in 2019. An even worse statistic is the 2021 preliminary NHTSA results released in mid-May. According to the report, DUI-related accidents increased by 5 percent, making it a 19% increase since 2019.

Marijuana Intoxication Tests

If the police suspect a DUI case, they will pull the car over. They will then request the driver to take a sobriety test to establish intoxication, including taking an alcohol breath test. Field sobriety tests are not enough to establish marijuana intoxication, so if the police have reason to believe that you have another substance besides alcohol, they may demand further tests.

One of the most commonly used tests for marijuana is the oral fluid or saliva test. If a person doesn’t have any alcohol in their system, a blood drug content between 2 ng/ml to 5 ng/ml will get them in trouble, but not as much as a five ng/concentration. If alcohol is also present, a blood drug concentration of 2.5ng/ml and 50mg per 100ml of blood will get you in serious trouble.

If you or someone else’s life is in danger, you would probably first consider calling 911. However, when the threat to life is due to another person, you may be hesitant to call in their presence for fear of reiteration.

For example, a husband or wife that has been a victim of assault in a case of domestic abuse may want to be discreet when making a call to avoid further assault.

If they attempt to make a call and the other person stops them or interrupts their call, that person can be said to have interfered with a 911 call, which is a criminal offense under CGS Section 53a-183b.

Understanding Interference with a 911 Call

There are several definitions of interfering with a 911 call in Connecticut General Statutes § 53a-183b. The basic definition is intentionally hindering or preventing an individual from making a 911 call to seek help from the police or report a crime. There are two forms of interference as stipulated under the law – physical and verbal interruption.

Physical interference refers to using physical force to prevent the other person from making a call. Some examples of this include breaking their phone, snatching the phone from the hands of the 911 caller, hanging up the phone, and other forms of physical disruption of a call.

Verbal interference involves taking over the phone and giving the wrong information about the situation. For example, telling the operator that there is no problem while there is one is a form of verbal interference. A person can also be charged with verbal interference if they use verbal threats against the caller to keep them from making a call or to force them to hang up.

Consequences of Interfering With a 911 Call

If you are arrested for interfering with a 911 call, you will be looking at potential class A misdemeanor charges that carry penalties of up to one year in jail, probation, and fines not exceeding $2,000.

Since most cases of interfering with a 911 call result from domestic abuse cases, they can result in other consequences, such as restraining orders, because the court may deem the victim living around the perpetrator to be unsafe. The judge may apply any of the three types of restraining orders: full no contact; full residential stay-away; or partial.

Full no-contact restraining orders bar the perpetrator from having any contact with the victim, which includes being barred from returning home. In the full residential restraining order, you are allowed some contact but cannot enter the protected person’s residence. A partial restraining order is the most lenient of the three; it allows you contact, including living with the victim but under conditions that you will not subject them to any form of threatening or intimidation.

Get Legal Help

“Facing an arrest for interfering with a 911 call doesn’t always mean you are guilty of the offense you are charged with. Sometimes it can be a false accusation,” says Attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.

For example, the other person could make a call and drop it midway. If this happens, there is a high chance that the police will appear anyway. If the other person then claims that you are the reason they hang up, you could be charged with interference with the call.

Due to the emotive nature of domestic abuse cases, getting off the hook can be quite a task, so the best thing to do in such situations is to speak to a lawyer. Even when you think you are not innocent, a lawyer can help better the outcomes of your case by leveraging available options, such as accelerated rehabilitation if you are a first-time offender.

While both weddings and divorces are undeniably distinct events, they share a common thread — the potential for significant expenses. The choices made by soon-to-be exes can greatly influence the financial impact of these life-changing moments. In this blog post, we will explore common ways couples unintentionally escalate the costs of their divorce. Read on to discover valuable insights.

 1. Don’t Treat Your Attorney as a Therapist

Divorces are often emotionally challenging, leaving many individuals seeking a sympathetic ear,” says Attorney Matt Towson of Towson Law Firm. While enlisting the help of an attorney is important, it’s crucial not to rely on them for emotional support. Keep in mind that their time is billable, and using them as a confidante can result in a hefty bill. For questions related to the divorce process, consult the attorney’s support staff, reserving complex and technical queries for the attorney.

 2. Avoid Resorting to Litigation for Every Dispute

Disagreements are inevitable in the course of a divorce. However, the methods used to resolve these conflicts can either minimize costs or inflate them, with court fees potentially reaching thousands of dollars. Recognize that not every dispute requires litigation; alternatives, such as mediation and arbitration, can be effective and less costly. Prioritize working with a resolution-focused attorney rather than one who is quick to pursue litigation and explore alternative conflict resolution methods to keep expenses in check.

 3. Avoid Financial Disarray during your Divorce

During any divorce, obtaining a comprehensive understanding of the couple’s financial landscape is crucial. To achieve this, you’ll need to assemble a list of assets, which may encompass individually and jointly owned items, such as investments, retirement accounts, bank accounts, and real estate holdings. It is also important to gather documentation related to debts and liabilities. This includes credit card statements, mortgage or rent agreements, loan documents, and any outstanding balances or obligations. Being thorough in documenting both assets and liabilities will help ensure a fair and accurate division of property and debts during the divorce proceedings.

Poor organization when gathering and presenting these documents to your attorney can result in significant delays, potentially leading to increased legal fees and disputes over asset distribution.

 4. Avoid Poor Communication With Your Ex-partner

Before seeking professional assistance for your divorce, it’s essential to sit down with your soon-to-be ex-partner and attempt to resolve issues amicably. Depending on your relationship dynamics, you might find a resolution without needing outside intervention.

Nevertheless, it’s wise to have your attorney review your documents and provide feedback on the divorce terms. During discussions with your partner, concentrate on topics such as property division, health insurance, alimony and child support, and tax implications.

Conclusion

Divorce doesn’t have to be a costly endeavor. The decisions you make during this emotional period can significantly influence the overall expense of your divorce proceedings.

With this in mind, prioritize resolving issues with your partner before seeking assistance, whether through a mediator or an attorney. More often than not, you can save thousands of dollars by investing time in negotiating with your partner.

By heeding the advice provided in this concise guide, you’ll increase your chances of minimizing court and legal fees. Remember, with the right approach, divorce doesn’t have to break the bank.

Police encounters can be sour experiences that can quickly go south if you do the wrong thing. It is best to understand your rights and what the law requires you to do to navigate these situations safely.

However, you should note that these rights will only protect you if you use them. In fact, the best thing you can do if arrested is stay quiet and wait for representation from your attorney.

We take a look at some common scenarios where you can encounter the police and what you should do in these situations. Take a read below:

What to Do if the Police Stop You in Public

If the police stop you in public for whatever reason, it is best to know your rights and what you should and shouldn’t do.

Your Rights

  1. You have the right to remain silent, and you can say out loud that you wish to exercise this right. However, in some states, the laws require you to identify yourself, and an officer might arrest you for failing to do so.
  2. You do not have to agree to a physical search of yourself or your belongings, but the police might still carry on if they suspect you are concealing a weapon.
  3. You have the right to a government-provided lawyer if you cannot afford an attorney.
  4. You do not have to answer any immigrant-related questions (international borders, airports, and individuals with specific nonimmigrant visas are an exception).

Next Steps After an Arrest

  1. Immediately ask for a lawyer and make it clear to the officer that you wish to remain silent.
  2. Note that you have the right to a local phone call, and while the police can listen if you call anyone, they can’t listen if you call your lawyer.

What to Do if the Police Pulled You Over

If you get pulled over by an officer, here is a breakdown of what you should do:

  1. You and your passengers have the right to remain silent.
  2. Pull over in a safe place away from traffic.
  3. Turn off the car, and put your hands on the wheel.
  4. Passengers can ask if they are free to exit the car.
  5. Follow the officer’s instructions by providing your driver’s license, proof of insurance, and registration.
  6. Keep your hands where the officer can see them at all times.

What to Do if the Police Are at Your Door

If for whatever reason, the police knock on your door, here is what you should do:

  1. You don’t have to invite the officers inside. Talk to them through the door and ask them for identification. Only let them inside once they show you a warrant signed by a judicial officer listing your address.
  2. Even with a warrant, you still have the right to remain silent. You should observe what they do and record everything if possible.

What To Do if You Think Your Rights Were Violated

In any of the situations listed above, the officer might violate your rights in one way or another. Here is what you should do:

  1. Document everything that transpired and note down the specifics of the officers involved. This includes their badges, patrol car numbers, and more.
  2. If you sustain injuries, seek medical attention and take photographic evidence of the injuries.
  3. With all the evidence at hand, file a formal complaint with the agency’s internal affairs division or civilian complaint board.

What You Should Do if You Witness Police Brutality?

So, you come across a possible case of police brutality. What should you do? Here are the steps to take:

  1. First, make sure you are at a safe distance and not interfering. If possible, use your phone to record the whole situation and make it clear that you are recording it.
  2. Be aware that taking photos and videos is your right under the first amendment, and if an officer orders you to stop recording, you should remind them of this.
  3. Remember that some officers might still arrest you even if it is unlawful. Hence, you need to weigh the risks of continuing to record.
  4. Write down everything you remember about the incident, including the officers’ names and badges.

Final Words

Police encounters can be stressful experiences. But, by approaching these situations proactively, you can avoid violence and handle the entire process smoothly without any hiccups. Most of the time, it is best to remain silent and wait for your attorney.

Information in medical files is regarded as private, and rightly so. These records contain personal and sensitive information about the patients. However, doctors may be able to share this information in some legal instances.

According to medical ethics and other health laws, doctors and hospital staff are required to treat the records of patients as confidential. Normally, a doctor can only disclose such information if the patient permits it. But in certain legal situations, a doctor can disclose this information without breaching the doctor-patient confidentiality privilege.

What Does the HIPAA Say About Disclosures?

A Health Insurance Portability and Accountability Act (HIPAA) report states that disclosing a patient’s details is a violation. A doctor must not share a patient’s information outside the need to provide treatment for the patient’s medical condition. This means doctors and other staff must keep patients’ records confidential, away from the public eye.

When Can Doctors Disclose a Patient’s Information?

As stated earlier, there are some legal situations where a doctor can share a patient’s information with or without consent. Below are some of them.

If permission is given

A doctor in a criminal case can provide details about a patient when the patient provides permission to do so. They will have to sign a document granting this consent. This document must specify what particular files will be disclosed to the courtroom.

Importantly, such permissions only work once for that particular case and do not cover future cases. The doctor has committed a violation if other details outside the agreement appear in the courtroom.

If there is a need for help

In cases where the patient needs help, the doctor can disclose details about the patient. An example is when a patient cannot make decisions after an injury or because they are incapable of doing so. In many similar cases, the family members are involved in these processes.

If the patient has an illness

When a person receiving treatment cannot make rational decisions in a legal setting, the doctor may need to disclose some details. These details could explain the patient’s illness and why the patient is unfit to stand trial. It is also possible for the patient’s treatment to impair their decision-making.

If the government requires a patient’s information

While the government usually respects the privacy of a patient’s medical records, they may still require to see some basic information. This could include birth certificates, death certificates, reports of certain diseases, and treatment. The government may also require reports of suspected cases of child abuse and mental health issues that can be a threat.

If there is an issue in court

In the case involving a personal injury claim, a judge might request to know about the injuries and medication. This will make the doctor a witness in the courtroom to testify about the injuries. The doctor must disclose information about the patient if health concerns are part of a proceeding.

Conclusion

Doctors and other medical staff are expected to be confidential about their patients’ information. Only in certain situations can doctors disclose the records of their patients,” says medical malpractice lawyer Russell Berkowitz.

Data shows that the United States has more immigrants than any other country, with 17 percent of the workforce in the country being foreign-born. One of the most common ways to become permanent US residents is through employment.

As a foreign resident, you can obtain an employment green card if you get a job offer from a US national or prove to possess extraordinary ability. You should note that most foreigners who obtain permanent residency start with a temporary visa that they can renew.

Permanent employment-based green cards allow foreigners to become permanent US residents. Each fiscal year, the US government grants approximately 140,000 employment visas to immigrants and families.

So, how exactly do you obtain an employment-based visa? The US Department of immigration has five categories through which it issues these green cards to immigrants and their families. The categories are based on individual experience, skills, and abilities. “If you or a loved one would like to apply for an immigration work permit you can reach out to an immigration work permit lawyer for assistance,” says Solano Law Firm.

EB-1: People of Extraordinary Ability

This is the first category and deals with people with some ability, as can be inferred from the name. There are three subcategories as listed below:

Multinational Executives and Managers

Multinational executives and managers have received a job offer from an American employer that has operated in the country for at least one year. Note that this subcategory requires a job offer.

Professors and Researchers

A good example is a tenure track where a professor is offered permanent employment at a US university.

People With General Extraordinary Abilities

This category does not require a job offer. Applicants simply have an extraordinary ability recognized in different niches.

EB-2: Advanced Degree Holders

This category comprises the largest number of immigrants eligible for permanent residents in the United States. Moreover, temporary visa holders with advanced degrees are also eligible for an EB-2 green card.

This category comprises three different subcategories as listed below:

Advanced Degree Holders and/or Relevant Experience

This subcategory includes applicants with a master’s, doctorate, or a bachelor’s degree with relevant professional experience.

Exceptional Ability

Here, no degree is required, all you need is to show an exceptional ability in either arts, science, or business.

National Interest Waiver

Under this category, permanent green cards are offered to immigrants whose work is considered the United State’s interest. It does not matter whether the ability is extraordinary or not. It must have “substantial merit and national importance” and be of benefit to the United States.

EB-3: Skilled Workers. Professionals or Other Unskilled Workers

This category covers individuals with different levels of education, skills, and competencies. Below are the subcategories EB-3:

Skilled Workers

To qualify for this category, your employer needs to provide proof that there is no labor force to handle the work you will be doing. You should have two years of post-secondary education, training, or experience at the minimum.

Professionals

This category is pretty much the same as the previous one, with the only difference being the requirement of a bachelor’s degree.

Other (Unskilled)

Here, the work you will do must be full-time, and you will also need labor certifications same as the previous two categories. Work that requires less than two years of training is unskilled.

EB-4: Certain Special Immigrants

This category is broad and covers certain special immigrants, such as religious workers. This category includes individuals eligible for permanent resident status based on categories on the Immigration and Nationality Act (INA).

Eb-5:  Immigrant Investors

This category comprises foreign investors in new commercial businesses that would provide avenues for job growth in the US. Qualification for permanent resident status under this category requires a substantial capital dollar investment and job growth for US citizens.

Conclusion

Above are some of the categories of immigrants eligible for permanent US citizenship. You can analyze them and determine where you fall, or better still, you can strive to meet the qualifications mentioned above to become a green card holder.

×

Subscribe to our mailing list