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How International Students Can Stay in the US After Graduation

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The F-1 Student Visa allows for international students to legally remain in the United States for 60 days after graduation.  It's very common for recently graduated international students to want to remain in the US to begin their careers.  60 days is a relatively short time frame for trying to secure one's immigration status, so it's recommended that students who do wish to remain in the country to have a plan prior to graduation.  International students graduating from a US university have a few more options than most to seek legal status. F-1 visa holders, like everyone else, can pursue other non-immigrant visas (such as the H-1B Visa for specialized workers) and immigrant visas (such as a family-based visa or EB visa) through traditional means.   The biggest advantage of the F-1 visa is the availability of Optional Practical Training (OPT).  OPT can extend the stay of international students in the US while providing on-the-job training. OPT is available both before and after graduation, however, any time spent participating in OPT before graduation is deducted from available time for OPT after graduation.  A total of 12 months of OPT is available to every student attending a US university on an F-1 visa.  Students who graduate with a STEM degree can apply for a 24-month OPT extension, for a total eligibility of 36 months.  Eligible science, technology, engineering, and mathematics degrees can be found here.  During time spent in OPT, graduates earn valuable experience in their field and allows them to pursue other visas or permanent residency in the US. Applying for OPT requires a designated school official (DSO) to recommend the program to eligible students.  DSOs will endorse a student's Form I-20, Certification of Eligibility for Nonimmigrant Student Status and report that information to the Department of Homeland Security.  Students must then file Form I-765, Application for Employment Authorization with Citizenship and Immigration Services and provide the appropriate documentation and fees.  When Form I-765 is approved, students will receive their Employment Authorization Document (EAD) and can begin work. For international students in the US approaching the end of their education, the immigration attorneys at the Law Offices of Scott Warmuth offer immigration assistance and expertise to help students meet their immigration goals.  For a free consultation, call our offices today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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How is a Permanent Disability Rating Decided?

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]For injured workers who were seriously injured in an on-the-job accident, the permanent disability rating system may seem like a mystery.  Your assigned rating can seem arbitrary, not at all reflective of the injuries sustained, and could even be insulting.  Though all qualified medical examiners (QMEs) use the same permanent disability guidelines, different QMEs can arrive at wildly different ratings.  And it's likely not a coincidence that the medical examiners preferred by the insurance companies tend to issue lower permanent disability ratings. Permanent disability ratings are issued based on guidelines from the American Medical Association (AMA).  After it's determined that additional treatment will not be beneficial, the injured worker is declared to be permanent and stationary (P&S).  A QME will then perform a series of tests to determine your degree of disability.  Each body part is assigned a separate rating, so if your work injury resulted in an arm injury and a leg injury, both body parts would be evaluated separately, with each assigned a disability rating.  Disability ratings can be anywhere from 0 percent to 100 percent.  When the disability rating of each injured body part is determined, a complicated mathematical formula then takes over. First, the assigned disability ratings are converted into a combined rating, called the 'whole person impairment rating'.  The whole person impairment rating is then adjusted on a variety of factors.  First, the rating is adjusted by future earning capacity.  The more likely your injury is determined to reduce your ability to earn money, the higher your rating is adjusted.  Hand and vision injuries are at the low end, while hearing and psychiatric injuries are at the high end.  The adjustment factor is between 1.1 and 1.4.  Next is a rating adjustment for the type of occupation and specific occupation.  Generally, the more labor intensive your occupation, the larger the adjustment factor.  Less intensive jobs, such as office work, may be adjusted lower.  Finally comes the age adjustment.  Injured workers between the ages of 37 and 41 see no adjustment.  Older workers will be adjusted higher while younger workers will be adjusted lower.  The older or younger you are from 37-41, the higher or lower the adjustment.  After all of the adjustments are calculated, workers are assigned their permanent disability rating. For a full look at the calculation of a permanent disability rating, click here. The permanent disability rating is extremely important, as it determines the level of workers' compensation benefits an injured worker will receive.  While many of the factors that go into the determination of a permanent disability rating are set in stone by law, the examination of injured body parts by a QME is subjective.  That's why working with a workers' compensation attorney is incredibly important.  Attorneys can identify when a permanent disability rating is low and help their clients seek second opinions. The Law Offices of Scott Warmuth helps injured workers through the complicated workers' compensation claims process.  For a free work injury consultation, call 888-517-9888 today![/vc_column_text][/vc_column][/vc_row]
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What are Miranda Rights?

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]Even if you have no idea what the Miranda warning is, you've probably heard some version of it said before in police dramas.
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights as they have been explained?  Having these rights in mind, do you wish to talk?
Popular culture makes a bit of a mess of the public's understanding of the Miranda warning. For example, Miranda rights do not have to be read when someone is placed under arrest. Miranda rights need only be administered before an interrogation of a criminal suspect. If a suspect says something incriminating while being arrested, that information is not automatically inadmissible at trial because the Miranda warning was not provided. So just what are Miranda rights, what are the rules regarding the Miranda warning, and why does it exist at all? The Miranda warning arose from a U.S. Supreme Court case decided in 1966.  On March 13, 1963, Ernesto Miranda, a 22-year-old with a lengthy arrest record, was brought to the police station for questioning.  Police were investigating the kidnapping, rape, and robbery of an 18-year-old woman, and Miranda fit the description of the perpetrator.  After two hours of questioning, Miranda confessed to the crime, as well as several other crimes.  The police investigators never informed him of his Fifth Amendment rights.  At trial, the only evidence provided by the prosecution was a written confession from Miranda.  Miranda was convicted and sentenced to 20-30 years. Miranda appealed his sentence to the U.S. Supreme Court.  In the landmark case Miranda v. Arizona, the court ruled that Miranda's Fifth Amendment right against self-incrimination and his Sixth Amendment right to attorney representation were violated because he was not adequately notified of his rights by police.  Miranda's original conviction was overturned, though he was later convicted at a second trial that did not use his confession as evidence.  The Miranda warning arose from the ruling in the Miranda v. Arizona case, as well as the rulings from other similar cases including Gideon v. Wainwright and Escobedo v. Illinois. So what exactly are Miranda rights?  Miranda rights are a reminder to individuals facing interrogation while in police custody that they do not have to answer any questions that may be incriminating and are entitled to certain rights under the Constitution of the United States.  However, it's important to understand that a violation of Miranda rights will not necessarily lead to the dismissal of a criminal complaint.  When facing any questions from law enforcement regarding a possible criminal investigation involving oneself, criminal defense attorneys recommend invoking the right to remain silent and informing the officers that you wish to speak to an attorney. The Law Offices of Scott Warmuth helps defendants navigate the court system to ensure a fair and just outcome to any criminal complaint.  For a free consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Johnson & Johnson Hit with Another Large Jury Verdict

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]Pharmaceutical company Johnson & Johnson was hit with another massive jury verdict, this time for the off-label marketing of the anti-psychotic drug Risperdal.  A jury in Philadelphia awarded $8 billion in punitive damages to a 26-year-old man who suffered gynecomastia, the development of breasts in males, after being prescribed Risperdal off-label for symptoms of autism spectrum disorder when he was 9-years-old.  Risperdal was first approved by the Food and Drug Administration for treatment of schizophrenia and bipolar mania in 1993.  The drug was later approved for the treatment of children with irritability associated with autism spectrum disorder. The plaintiff in this case had previously been awarded $680,000 in compensatory damages.  The $8 billion is punitive damages, functioning mainly as a punishment, and future deterrent, for Johnson & Johnson.  This is the first Risperdal case in which a jury had to decide whether to issue punitive damages.  The company will likely appeal the decision. See the full news story here. Johnson & Johnson has had a history of litigation regarding the side-effects and marketing of Risperdal.  In 2013, the company plead guilty to marketing the drug off-label and issuing kickbacks to doctors and pharmacies, resulting in $2.2 billion in fines.  Numerous multi-million dollar lawsuits have been settled or decided by juries related to the inadequate warnings regarding gynecomastia.  Thousands of additional lawsuits are pending. Patients who suffer serious side effects not mentioned in a prescription drug's warnings may be entitled to financial compensation.  If you or a loved one has been diagnosed with gynecomastia after being prescribed Risperdal, or have suffered any unexpected side effect from any prescription drug, contact the Law Offices of Scott Warmuth at 888-517-9888 for a free consultation with one of our dedicated litigation attorneys.[/vc_column_text][/vc_column][/vc_row]
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Immigrants Without Health Coverage Could Be Denied Visas

Topics: Immigration

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[vc_row][vc_column][vc_column_text]The Trump Administration issued a proclamation last Friday that would add additional burdens to the process of obtaining an immigrant visa.  Set to take effect on November 3rd, the proclamation states that immigrants will need to prove they have health insurance coverage, or the ability to pay for "reasonably foreseeable medical costs", before a visa will be issued.  The guidelines under the new proclamation are slated to take effect on November 3rd, but will likely face court challenges.  The purported goal of the new rules is to avoid burdening the United States healthcare system. There are several exceptions to the rule.  Immigrants whose visas have already been issued, non-citizen children of U.S. citizens, permanent residents returning to the country after less than a year of travel, refugees, asylum seekers, unaccompanied minors, and certain immigration applicants from Iraq or Afghanistan would not be subject to the rule.  Immigrants can meet the new requirements by being placed on a family member's insurance plan or obtaining employer-sponsored group coverage, Medicare coverage, catastrophic coverage, or other short-term coverage.  Subsidized Obamacare plans and Medicaid plans would not be accepted. Experts believe that the immigrants who would be most affected by this directive are the parents and spouses of U.S. citizens.  It could affect about 500,000 immigrants every year.  Immigrants applying for a visa would need to show proof of valid health coverage or financial ability for covering medical expenses to consulate officials, but it's currently unclear what would exactly constitute proof. See the full news story here. The Law Offices of Scott Warmuth continues to monitor possible changes in immigration law.  If you or a family member is considering immigrating to the United States, our immigration lawyers can help you make sense of the system.  Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Public Charge Rule in Courts ahead of Imminent Implementation

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Several immigration advocates have asked a federal judge to put a hold on Trump administration plans to implement its new public charge rule.  The new rules, which would make it harder for legal immigrants to receive green cards, are set to take effect on October 15.  The court case, City and County of San Francisco et al v. U.S. Citizenship and Immigration Services et al, was heard in Oakland on Wednesday.
** Update ** The new public charge rule was blocked from taking effect on October 15th by judges in California and New York.  The rulings were announced on Friday, October 11th.
The threat of the rule change has led to many members of the immigrant community dropping public benefits that they are entitled to.  Under current public charge guidelines, only immigrants utilizing cash welfare benefits are considered public charges.  Under the new rules, immigrants that receive food assistance benefits, Medicaid coverage, or housing assistance would be considered public charges.  Being labeled a public charge can dramatically reduce the chances of receiving a green card.  The new rule would also penalize immigrants that might become a public charge based off several other criteria. A ruling in this case is expected next week, before the new rule would take effect.  Several other court cases on the public charge rule are set to take place soon.  We will update this post when a ruling has been issued. The Law Offices of Scott Warmuth monitors all possible changes to immigration law so we can better serve our clients.  For a free immigration consultation, please contact us at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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The Safety Record of Electric Vehicles

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Every time an electric vehicle catches fire or gets into a particularly gruesome crash it seems to make national news.  With more and more electric vehicles entering the marketplace and appearing on the roadways, the question of electric vehicle safety has become more important than ever.  Are electric vehicles safe to drive?  Well, most studies and crash tests show that electric vehicles are, on average, safer than conventional vehicles.  However, the risk of experiencing injury in an electric vehicle collision remains. There are numerous reasons as to why electric vehicles appear to be safer than conventional internal combustion vehicles.  First, there seems to be a lower risk of fire.  Though lithium ion batteries, the batteries used in most electric vehicles, are known to be prone to spontaneous combustion incidents (think laptops, hoverboards, and e-cigarettes), the rate of electric vehicle fires appears to be lower than traditional vehicles.  Electric vehicle maker Tesla claims that traditional gasoline-powered vehicles are about 11 times more likely to be involved in a fire.  In 2015, around 174,000 vehicle fires were reported across the U.S. Second, the design of electric vehicles allows for more crumple zone protection and reduced risk of rollover.  Without a large engine in the front of the vehicle, the area of the vehicle designed to take impacts is larger and more effective.  The weight of the batteries on the bottom of electric vehicles create a lower center of gravity, making it more difficult to upend them.  The weight distribution of EVs also creates added stability, reducing the chances of losing control of electric vehicles in the first place. Third, the overall composition of EVs makes them heavier than standard vehicles, adding additional protection during certain types of collisions.  Specifically, the added weight in hybrid electric vehicles has been linked to reduced odds of injury in a collision. With these advantages, electric cars do appear to be safer for passengers when they are involved in an accident, but no amount of safety features can prevent some injuries from occurring in the event of a serious car collision.  The Law Offices of Scott Warmuth helps the injured victims of car crashes obtain medical care, pursue insurance claims, and seek financial compensation.  If you've been injured in an accident, call us today at 888-517-9888 ro receive a free injury consultation.[/vc_column_text][/vc_column][/vc_row]
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Retaliation for Submitting a Workers’ Comp Claim

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]When workers suffer injury on the job, it's important to seek immediate medical attention and report the incident to a supervisor or management.  Injured workers are eligible for workers' compensation benefits regardless of who is at fault for the injury.  If any worker is afraid of reporting an injury because of a fear that management will issue punishment for the injury, he or she shouldn't be.  It is strictly illegal for any employer to retaliate against or punish a worker who becomes injured on the job. This is true for any type of work injury, including workplace accidents, repetitive motion injuries, and even psychiatric injuries resulting in stress.  If you are injured, you are entitled to medical care and disability benefits without repercussions.  Full stop.  Even if your workers' compensation claim is denied, your employer cannot legally retaliate against you.  Types of retaliation include:
  • Reduced hours or pay
  • Unfair evaluations
  • Improper disciplinary actions
  • Demotions
  • Reduced responsibilities
  • Harassment
  • Termination
The threat of possible retaliation should not deter any injured worker from opening a workers' compensation claim.  If an injured worker is being retaliated against, there are legal options available.   Workers who experience retaliation are legally entitled to a 50 percent boost in workers' comp benefits, up to $10,000.  If the worker was fired, he or she would be eligible for reinstatement and back pay for any missed work due to the unjust termination. If you were injured at work and have been the victim of any form of retaliation, an experienced workers' compensation attorney can help you pursue financial compensation and reinstatement.  Contact the Law Offices of Scott Warmuth today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Scott Warmuth – A Portrait

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]"Scott Warmuth - A Portrait" was first exhibited at the First Annual American International Education Foundation Fundraising Gala last Wednesday.  The video offers a brief glimpse into the life and story of Scott Warmuth.  The video is an excerpt from a longer upcoming documentary about how Scott Warmuth became the person he is today.[/vc_column_text][vc_video link="https://youtu.be/ZlhZU0eWL8w" el_width="60" align="center"][/vc_column][/vc_row]
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Scott Warmuth Honored at AIEF Gala

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]Law Offices of Scott Warmuth founder and president Scott Warmuth received multiple honors and celebrated the 35th anniversary of the law firm he founded at the first annual American International Education Foundation (AIEF) Fundraising Gala on Wednesday, September 18th.  The event was held at the Hilton Los Angeles/San Gabriel and featured numerous local business and political leaders as speakers and presenters. At the event, AIEF introduced its newest program, Student Assist USA, a program to help international students navigate the American educational system. We took some pictures at the event, which can be found below.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3869" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3870" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3873" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3874" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3875" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3876" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3898" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column 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