The EB-5 Program Buys More Time Until December


The EB-5 Program, as it presently stands, grants permanent residence to foreign investors if they invest $500,000 (in high unemployment areas) or $1 million (in low unemployment areas) in a new business that employs at least 10 U.S. citizens or Lawful Permanent Residents on a full-time basis.

Since its inception in 1990, many believe the program minimum amounts of investment is due for an increase, and there has been speculation that the minimum amounts will increase, from $500,000 to $800,000 and from $1 million to $1.2 million, respectively.

Congress extended the EB-5 visa program on September 30, 2016, allowing the program to run until December 2016.  Continue reading

Paid Time Off To Vote? California Law Provides Employees With Up To 2 Hours on Election Day

election-dayCalifornia Elections Code section 14000 mandates that if employees do not have sufficient time outside of working hours to vote in a statewide election, then they may take up to 2 hours of paid time off to vote in-person.  An employee may choose to take more than two hours off, if his or her employer allows it, but only 2 hours will be paid.

California polls will be open from 7 a.m. – 8 p.m. on election day.  However, be sure to check with your local polling place for their hours of operation, as some locations may have extended hours. Continue reading

The Grady Firm Attorneys Speak to Students at UCI Blackstone Launch Pad on business and visa options for graduate entrepreneurs

Group photo.jpgRecently, Jennifer Grady Esq. and Anthony Mance, Esq. of The Grady Firm, P.C. hosted an informative “Fireside Chat” about the various immigration options that are available to foreign students upon graduation from U.S. undergraduate or graduate programs. The event took place at the Blackstone Launchpad of University of California, Irvine. The program was recorded and is available for viewing by members of the international Blackstone Launchpad community. 

uci blackstoneThe esteemed UCI Blackstone Launchpad was founded in 2007 with the goal of inspiring global entrepreneurship, and is accessible to over 500,000 university students globally.  This university-based entrepreneurship program is designed to mentor students, staff, and alumni of all disciplines and experience levels. The Blackstone Launchpad is an initiative of The Blackstone Charitable Foundation, and offers one-on-one mentoring, online tools, and a international community that supports ideas from the idea stage to execution and investment. Continue reading

When and How Must an Employee Be Compensated for Travel Time?

businessman at the airport

There are various factors that influence whether an employee must be compensated for his or her travel time to a new work site, or for off-site employment activity. One of the main factors to consider is whether the employee is actually engaging in travel as part of the employer’s principal activity or, whether the employee is engaging in travel for the convenience of the employer.

At the federal level, the Fair Labor Standards Act (FLSA) is the primary law governing travel pay. The standard asks whether the employee’s time is spent primarily for the benefit of the employer. It also includes time spent, even if not doing work, but under the control of the employer, such as on-site, on-call time.

Pursuant to California’s Labor Code, the standard comes down to whether the employee is

subject to the control of the employer; the concept of “control” is narrower than federal standard. While the federal and state laws overlap, California’s Labor Code is of course generally more liberal and more protective of employees.

California Law

The definition of hours worked is found in the Industrial Welfare Commission Orders, and refers to the time during which the employee is subject to the control travel-timeof an employer, and includes all the time the employee is “suffered or permitted to work,” whether or not required to do so. State law does not distinguish between hours worked during the “normal” working hours, or hours worked outside “normal” working hours, nor does it distinguish between hours worked in connection with an overnight out-of-town assignment. Continue reading

“It’s Beginning to Look a Lot Like… Lawsuits This Holiday Season”


Although holiday parties may be an excellent opportunity for employees to socialize outside of the confines of the office, and to reward employees for their service, they can also give rise to employer liability in the absence of appropriate precautions. Before planning your next holiday soiree, review the potential pitfalls and solutions below so that your event can be full of cheer, rather than unpleasant lawsuits.

  1. Serving Alcohol at Company Functions


While having alcohol available may make typical water cooler conversations less awkward, it can lead to liability for employers in the form of vicarious liability, sexual harassment, social host liability, and other potential issues.

Even though refraining from serving alcohol altogether is the safest option, in the event that your company plans to serve alcohol at you next function, keep the following tips in mind: Continue reading

The Grady Firm Co-Sponsors event for Businesses Starting or Relocating Within California with LA Mayor’s and Governor’s Office



On September 27, 2016, The Grady Firm co-sponsored an event with the LAX Coastal Chamber of Commerce geared towards companies that are doing business in, or relocating to, California.  The event was attended by local business owners; members of the LAX Coastal Area Chamber of Commerce;  Jeff Malin, Senior Business Development Specialist at Governor Brown’s Office of Business and Economic Development (GO-Biz); Eric Eide, Director of Mayor Garcetti’s Office of International Trade; and Jennifer Grady, Esq., business and immigration attorney at The Grady Firm, P.C. Continue reading

Immigrant Entrepreneurs May Be Able to Remain in the U.S. on Parole Under New Rule Proposed by DHS


On August 31, 2016 , the Department of Homeland Security (DHS) proposed an amendment to its regulations in an effort to increase and enhance entrepreneurship, innovation, and job creation in the United States. The proposed rule would allow for the use of “parole” on a case-by-case basis for certain Startup entrepreneurs whose entry into the United States would provide a significant public benefit through “the substantial and demonstrated potential for rapid business growth and job creation.”  Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments in support of this rule, follow the instructions in the notice.

The new “International Entrepreneur Rule” would expand the opportunity for international entrepreneurs, inventors, and startup founders to receive “parole”, which is temporary permission to be present in the United States.  “Parole” is not considered an admission to the United States, and does not confer any immigration status.  In addition, once a person is granted parole, the parolee’s stay in the U.S. is at DHS’s discretion and may be terminated at any time consistent with existing regulations.  DHS has broad discretion to grant parole and may do so on a case-by-case basis. Continue reading

Apply NOW for U.S. Citizenship: Vote in November Elections & Have Your Application Reviewed Before a New President Takes the White House


If you are a Legal Permanent Resident who has held off on applying for U.S. citizenship, now is the time to submit your application to USCIS so that it can be reviewed and approved before November 2016.

First, immigration will be a big ticket issue in the upcoming election, and the outcome and future of U.S. immigration policy could ride on your vote.  Click the links to read more about the immigration platforms of the current Democratic (Hillary Clinton) and Republican (Donald Trump) U.S. presidential candidates.

hillaryclinton.wikimediaSecond, as the new president and his or her cabinet may have a different vision of immigration reform than that held by the current administration, it’s prudent to apply for immigration relief before the powers in charge change.donaldtrump.wikimedia

Third, in anticipation of the upcoming election, the U.S. Department of Homeland Security has reduced the processing period for naturalization and other immigration applications to between approximately three to six (3-6) months.

Even if you are not eligible for naturalization, you may be able to apply for legal immigration status under various other laws currently in effect.  But you must act now, as any of these laws could change based on the outcome of the November elections. Continue reading

Much Anticipated Foreign Direct Investment (FDI) Report for Southern California Released at SelectLA

Select LA Recap2016-06-17 13.08.04

Jennifer Grady, Esq. recently participated in the Select LA 2016 Investment Summit. SelectLA is the precursor to SelectUSA, a federal division of the Department of Commerce that seeks to attract international businesses to the United States. An international and domestic audience of more than 350 investors and business people attended the SelectLA summit on June 17, 2016 at the JW Marriott in downtown Los Angeles.  Panelists included Los Angeles Mayor Eric Garcetti, President of World Trade Center Los Angeles Stephen Cheung, as well as many other top officials from various Los Angeles organizations such as LA Metro, Los Angeles World Airports, and the Los Angeles Ports.

Summary of FDI Report


From left: Rodrigo Mladinic Dragicevic, Chilean Trade Commissioner; Jennifer Grady, The Grady Firm; Stephen Cheung, President of World Trade Center Los Angeles

At the summit, the World Trade Center Los Angeles released its much anticipated and expansive Foreign Direct Investment report for Southern California.

Foreign Direct Investment (FDI) is a common way for private entities and individuals, both in developed and less developed nations, to increase their wealth and capital by investing beyond their national borders. In 2015, global FDI flows amounted to nearly $1.7 trillion, making it the highest level of international capital flows in the last eight years. The United States is the recipient of more FDI than any other country, and in 2015 received $384 billion in FDI flows, the highest level since 2000. Continue reading

URGENT: Employers MUST Post New Federal Minimum Wage and Polygraph Posters By August 1, 2016


ATTENTION all Employers:

The Department of Labor recently revised the federal mandatory minimum wage and polygraph posters that employers must post in the workplace.

Although the federal minimum wage did not change, the new minimum wage poster now contains information regarding the consequences of incorrectly classifying workers as independent contractors, in addition to a new section on the rights of nursing mothers.

The new federal polygraph poster now contains updated contact information for the Department of Labor, and no longer contains a reference to the penalty amount of up to $10,000 for violation of the law.

employment posterEmployers are required to post the updated posters in a conspicuous area of the workplace by no later than August 1, 2016. Continue reading

Minimum Wage & Paid Sick Leave Law Updates for California Cities and Counties

California pic

On April 4, 2016, Governor Jerry Brown signed the “Fair Wage Act of 2016,” a bill that aims to increase California’s minimum wage to $15.00 per hour by the year 2022. Under California law, employers must also offer employees at least 3 days, or 24 hours, of sick leave per year. This statewide law applies to all cities and counties within the state of California. However, some cities within California have chosen to add to the statewide laws with their own more expansive minimum wage and paid sick leave ordinances. As it can be difficult for employers to keep track of all these constant changes, we have taken the time to highlight some of those changes in several major California cities.


As of January 1, 2016 the required minimum wage for the state of California is $10.00 per hour. On January 1, 2017, the minimum wage for business with 26 employees or more will increase to $10.50 an hour. On January 1, 2018 it will increase to $11.00 an hour and by $1 each subsequent year until it reaches $15.00 in 2022. Employers with 25 employees or less will have an extra year to comply with the new law, and the wage increase will not go into effect until January 1, 2018.

In addition, any employee who works in California for 30 or more days is entitled to receive paid sick leave. An employer is required to provide a minimum of 3 days of sick leave per year, and after 90 days of employment an employee may begin to accrue sick leave at a rate of 1 hour for every 30 hours worked. Accrued sick leave may be carried over to the next year, however an employer may choose to cap the amount of paid six leave an employee may use per year to 6 days or 48 hours.

Notice to Employees

Employers must provide notice of these laws to employees by: (1) Displaying the state’s official poster; (2) Including paid sick leave information in the wage notices of nonexempt employees; and (3) Including the amount of paid sick leave available in the employees’ wage statements. Employers must also keep records documenting hours worked and paid sick leave accrued for the last 3 years.

These minimum statewide laws apply to all cities and counties in California, and includes the regions below.

Continue reading

Immigration Options and State-Sponsored Incentives for Companies Doing Business in California Seminar at LAX Chamber on September 27, 2016

LAX chamber.pngIf you are a business that is planning to start or relocate to California, join us for an informative presentation and panel discussion with a business and immigration lawyer, and representative from the California Governor’s office and Los Angeles Mayor Garcetti’s Office of International Trade.  We will discuss little-known incentives for new businesses in California, visa options for investors and entrepreneurs, and foreign direct investment in Los Angeles.

Event Title:      

Immigration Options and State-Sponsored Incentives for Companies Doing Business in California


Tuesday, September 27, 2016 from 5:30 to 7:30 p.m.  Presentations begin at 6:00 p.m.


LAX Coastal Chamber of Commerce, 9100 S Sepulveda Blvd #210, Los Angeles, CA 90045


The Grady Firm, P.C. and the International Affairs and Business Development office of the Governor of California- GO-Biz, and Los Angeles Mayor Eric Garcetti, Office of International Trade


Jennifer A. Grady, Esq., Business and Immigration attorney at The Grady Firm, PC

Jeff Malin, Senior Business Development Specialist at California Governor’s Office of Business and Economic Development (GO-BIZ)

Eric Eide, Director of Mayor Garcetti’s Office of International Trade

Continue reading

J-1 Cultural Exchange Visitor Visa for Entrepreneurs, Scholars, Au Pairs, Professors, and Trainees

globe with kidsThe J-1 Visa is a non-immigrant US visa available to cultural exchange visitors, scholars, and professors. The Exchange Visitor Program fosters global understanding through educational and cultural exchanges. It is often used by entrepreneurs, “au pairs, ” or to obtain business or medical training in the United States. J-1 visas are obtained as part of an exchange program, and the Department of State designates both public and private entities to act as exchange sponsors. All exchange visitors are expected to return to their home country upon completion of their program in order to share their exchange experiences.

The Exchange Visitor Program (EVP) provides opportunities for around 300,000 foreign visitors per year to experience United States society and culture and engage with Americans.  Exchange visitors on private sector programs may study, teach, do research, share their specialized skills, or receive on-the-job training for periods ranging from a few weeks to several years.   EVP participants are young leaders and entrepreneurs, students, fledgling and more seasoned professionals eager to hone their skills, strengthen their English language abilities, connect with Americans, and learn more about the U.S. There are fifteen different categories under the J-1 visa program, including: professors and research scholars, short-term scholars, trainees, interns, college and university students, teachers, secondary school students, specialists, foreign medical graduates, camp counselors, au pairs, and the summer work travel program. Continue reading

E-1 Visa for Companies Doing More than Half of Their Business in the United States

cargo shipsThe United States is signatory to a number of treaties with other countries, allowing individuals and companies to develop business opportunities in the United States. As a result, “E- Visas” are available to visitors to the US interested in trade and investment.

As discussed in a previous post, E-2 visas are temporary visas based on a reciprocal commercial treaty between the United States and the individual’s country of nationality, where the individual is visiting the US primarily for investment purposes.

Continue reading

Jennifer Grady, Esq. Addresses Investors at Sold-Out SelectUSA Investor Academy in Washington D.C.


John McKiel, Mario de Castro, Jennifer Grady, Esq., Ron Palladino, and Rahul Beri address a sold-out crowd of foreign investors and entrepreneurs

On June 19, 2016, Jennifer Grady, Esq. spoke to over 350 attendees at the SelectUSA Summit Academy, a precursor to the SelectUSA Investment Summit the following day.  The Summit Academy is an orientation for participants from companies, state and local governments, and economic development organizations (EDOs) to provide information and practical tips on topics such as regulations and investment incentives, investor visas, and analytical tools to better understand current foreign direct investment (FDI) and reshoring trends.


Raul Beri and Jennifer Grady, Esq., Summit Academy Panelists

The SelectUSA Investment Summit is the highest-profile event in the world dedicated to promoting foreign direct investment (FDI) in the United States. This signature event provides an unparalleled opportunity to bring together companies from all over the globe, economic development organizations from every corner of the nation, and other parties working to facilitate business investment in the United States. Featuring senior government officials, C-Suite business executives, and other thought leaders, each summit focuses on a timely theme related to the U.S. investment environment, industry trends, and new opportunities.

Summit Academy

As part of the “Investor Track,”  Ms. Grady and her fellow panelists, Mario de Castro, Ron Palladino, and Rahul Beri, and moderator John McKiel, spoke to a sold-out academy about tax, visa, and banking tips for foreign entrepreneurs and investors.  The panelists also provided “best practices” advice to help guide the audience through the process of establishing a business in the United States.  Mr. Beri provide a real-world example of the success he had with expanding his business, Teknol to the state of New York. Continue reading