Lawyer Monthly Magazine - February 2020 Edition

Why is it important to ensure all due diligence is done on patents? What negative impact can it have on clients if they miss something small yet important? The short answer is to plan ahead, because visa availability varies each year. Some visa applications can be filed at any time during the year. The visa categories include: family sponsored green cards; work sponsored green cards, L visas for the transfer of workers or TN visas for professionals from Canada or Mexico. By contrast, the H-1B temporary skilled worker visa program has an annual lottery for new visas for private employers that is held the first week of April of each year (unless the worker already has an H-1B visa). Similarly, H-2B visas for temporary non- agricultural seasonal workers employers, used by hospitality workers and landscapers begin the application at least 120 days before the start date of employment, and new visas are offered on a semi-annual basis: from October 1 - March 31 and from April 1 – September 30. What are the best ways of obtaining a green card for an employee? PATENTS Getting the Most out of Your Patents I always advise clients to take a flexible approach to visa planning because a particular visa program that is helpful today may become unavailable a few years from now. Green cards for employees require careful planning and depends entirely on the type of job under consideration. The visa requirements are different, for example, for a valuable production worker compared to a high-skilled researcher with dozens of publications. Two green card programs that are usually quite helpful are the EB-2 and EB-3 programs. Both usually require first an application to the federal Department of Labor followed by a visa application to USCIS. Can I self-sponsor my own green card? There are a limited number of green card categories that allow a person to self-sponsor their green card. Two categories, the EB-1A and EB-2 National Interest Waiver are reserved for people with extraordinary achievements in sciences, arts or business. The EB-1A category is also available to athletes. Another green card category that allows self-sponsorship is the EB-5 investors visa, which requires a significant investment of lawfully earned capital and creation of at least 10 new jobs for U.S. workers. What to do if you receive a Social Security No-Match Letter? The Social Security Administration (SSA) recently started sending letters to employers when they detect that an employee has a social security record that does not match the SSA’s records. These are called “no-match” letters. Although these letters appear innocuous, they should be taken seriously. The SSA provides 60 days to use an online registration to obtain information about the mismatch. Sometimes, the mismatch is simply due to typographical errors or name changes, but can also indicate that the employee has not used an accurate social security number. Generally, the SSA cautions that a no- match letter does not make conclusions about a person’s immigration status, and it is recommended that employers do not terminate any employee simply because their name was indicated in a no-match letter. We recommend employers should contact an attorney if they receive a no-match letter. LM Thomas Dunlap, Partner | Leesburg, London, Puerto Rico, Toronto, Vienna Phone: 703.777.3885 | mail: tdunlap@dbllawyers | www.dbllawyers.com Briefly speaking with successful litigator Thomas Dunlap, he tells us on how company owners can get the most monetary value out of their patents and why, in essence, patents are more important than trademarks and copyrights. Thomas Dunlap Tom’s practice focuses on patent, trademark, trade secret, commer- cial, entertainment law, business and govern- ment contracts disputes, litigation and transac- tions. Tom has authored numerous books and ap- peared on national televi- sion and radio including Fox, Sundance TV, and NPR speaking a variety of subjects in his fields of practice. In addition to the state and Federal courts of DC, VA, and MD, he is a member of the Federal Courts in Puerto Rico, Colorado and Texas, as well as the Court of Federal Claims, the Fed- eral Circuit, where he has recently argued and won three appellate matters), the Veteran’s Court of Appeals, and the United States Supreme Court, where he was lead coun- sel on a False Claims Act case (See United States ex rel. Carter v. Halliburton Co.) and in the TC Heart- land LLC v. Kraft Foods Group Brands LLC, (U.S. May 22,. 2017) (No. 16- 341) case involving juris- diction in patent infringe- ment cases. By Thomas Dunlap, Dunlap Bennet & Ludwig 45 Firm Profile Dunlap Bennet & Ludwig is a veteran-owned law firm with local presence and global knowledge that boasts over 75 attorneys who are licensed to practice in over 40 states and multiple countries outside of the United States. Our team prides itself on prioritizing and caring for our clients, not only offering a full array of business and estate legal services, but – more importantly – by establishing and investing in long-term relationships with the individuals and businesses which we represent. FEB 2020 | WWW.LAWYER-MONTHLY.COM Expert Insight