17 March

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EB-4 Green Card: The Religious Worker Exception

Most employment-based green card categories (such as EB-1 for extraordinary ability or EB-2 for advanced degrees) require applicants to have maintained lawful nonimmigrant status at all times. If an asylum applicant allowed their nonimmigrant status to expire, they typically lose eligibility for adjustment of status under INA § 245(a). However, EB-4 religious workers are exempt from this requirement. Even if an asylum applicant has been in the U.S. for years without lawful nonimmigrant status, they can still qualify for EB-4 if they meet the religious worker requirements....

16 March

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Alternative Ways To Get a Green Card While Asylum Case Is Pending

Posted by Ernest Goodman

in Immigration Law

If your asylum case processing is experiencing delays or is possibly advancing to appeals in higher courts, it could be beneficial to consider alternative routes to obtaining a U.S. green card. For instance, you could consider marrying a U.S. citizen, securing a spot in the diversity visa lottery, or finding a U.S. employer to sponsor you....

03 March

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Habeas Corpus in Immigration Detention: When Deportation is Not Possible

Posted by Ernest Goodman

in Immigration Law

Habeas corpus, under 28 U.S.C. § 2241, is a fundamental legal principle that allows individuals to challenge unlawful detention by the government. It serves as a safeguard against arbitrary or prolonged confinement without justification. In the immigration context, habeas corpus is particularly relevant for noncitizens detained by ICE beyond a reasonable period, especially when removal is not feasible. Noncitizens in detention often have limited legal options once a final removal order is issued. While ICE has the authority to detain individuals pending deportation, the legal basis for continued detention weakens when actual removal is not reasonably foreseeable. Habeas corpus petitions allow...

03 March

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EB-5 Visa and Trump’s Gold Card: 2025 Updates

Posted by Ernest Goodman

in Immigration Law

In February 2025, former President Donald Trump announced a new immigration initiative known as the "Gold Card" visa. This proposal suggests granting U.S. residency to wealthy foreign investors in exchange for a $5 million investment. The Gold Card visa is envisioned as an alternative to EB-5, which has a much lower investment threshold but requires proof of job creation for U.S. workers. According to the Trump administration, the Gold Card is intended to simplify the process for affluent investors, eliminating certain requirements, such as proving that the investment leads to employment opportunities. The administration has argued that the existing EB-5 program...

02 March

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

Posted by Ernest Goodman

in Civil Procedure, Copyright Law, Entertainment Law, Legal erhics, Pro Bono Work, Trademark Law

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

02 March

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Descriptive Trademarks: The Challenges of Registration

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

02 March

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The Doctrine of Work for Hire is Often Misunderstood

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

Today, we're going to talk about the doctrine of work for hire in copyright law. Often, there can be situations where you think you own a copyright because the work was made for hire for you or your production company. But, in fact, contrary to what the contract states, you might own nothing. Let's explore the caveats and ways to solve this problem. Many think that just because they have a contract with artists and have paid for the work, they own the copyrights. Let's say you own a film production company and you've hired a screenwriter to write a screenplay....

01 March

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Self-Defense and Excessive Force: New York and California

Posted by Ernest Goodman

in gun law

The caliber of a firearm can play a significant role in determining whether a self-defense case is justified. Courts, prosecutors, and juries often consider the lethality of the weapon used when evaluating whether the level of force applied was reasonable or excessive in relation to the threat faced by the defendant. Firearms with larger calibers, such as .45 ACP, .357 Magnum, or .44 Magnum, are widely recognized as more powerful and lethal, delivering greater stopping power and more extensive tissue damage. Because of this, the use of such calibers in a self-defense situation may raise additional legal scrutiny. Prosecutors could argue...

25 February

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The Legal Implications of Using OSINT (Open Source Intelligence)

Posted by Ernest Goodman

in cybersecurity

I usually create posts based on questions I receive, and today’s topic is about legal implications of using OSINT (Open Source Intelligence). Open Source Intelligence (OSINT) has become a powerful tool for businesses, law enforcement, journalists, and private individuals. With the vast amount of publicly available data online, OSINT enables users to gather intelligence from various sources such as social media, public records, and news reports. However, despite its usefulness, there are significant legal implications that anyone using OSINT must consider....

24 February

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Applying for an H-1B visa from inside and outside the U.S.

Posted by Ernest Goodman

in Immigration Law

U.S. visas are generally divided into two main categories: Immigrant Visas – These lead to permanent residence (green card). Examples include family-based green card petitions, EB-1, EB-2 NIW, and EB-5 investor visas. Non-Immigrant Visas – These are temporary and meant for specific purposes like tourism, study, or work. Examples include B-1/B-2 (tourism/business), F-1 (students), and H-1B (temporary workers)....

Author: Ernest Goodman