H-1B Petition Filing For New Employment To Resume April 1st

On April 1, 2016, U.S. Citizenship and Immigration Services (U.S. CIS) will begin accepting H-1B petitions for covered employment starting October 1, 2016. There is a numerical limit on the number of new H-1Bs issued each federal government fiscal year and, as has occurred for many years, it is anticipated that the numerical limit will be reached quickly. To avoid rejection of a petition because the numerical limit is reached, employers need to begin preparations now for filing on April 1^st.

The H-1B program is available to foreign nationals who will be employed in a “specialty occupation.” “Specialty occupation” means an occupation which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation, and which requires the attainment of a bachelor’s degree or higher as a minimum requirement to perform the job duties. H-1B visas are valid in three-year increments for up to six years and are both employer and location specific. In addition, H-1B visas require that the foreign national be paid the prevailing wage for the job in the geographic area of intended employment or the actual wage paid to similar employees of the employer in the same occupation at the same work site, whichever is higher.

Petitioning employers must certify, under the penalty of perjury, that the Export Administration Regulations (EAR) and the International Traffic In Arms Regulations (ITAR) have been reviewed and a determination made regarding whether an export license is required before controlled technology or technical data may be released to the foreign national on whose behalf the H-1B petition is filed. The certification requires that the petitioning employer involve its trade professional early in the immigration process to ensure that the export control certification is accurately answered and if an export license is required, that it is received in time for the foreign national to begin employment in the position which is the subject of the H-1B petition.

Mansour Gavin has attorneys ready to assist you in filing your H-1B petition and navigating U.S. Export laws. If you have any questions or require assistance with your business immigration, please contact Ann E. Knuth in our Labor and Employment Group. If you have any questions or require assistance with international import and exporting activities, please contact Edward O. Patton in our Corporate and Business Services Group.

Legal Disclaimer

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin, LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

The Ninth District Court of Appeals recently reversed the City of Lorain Board of Zoning Appeals’ denial of area variances involving the application of riparian setbacks to a proposed residential subdivision. Significantly, the Appellate Court agreed with the Lorain County Common Pleas Court’s reversal where Appellant K. Hovnanian Oster Homes, represented by Bruce Rinker of Mansour Gavin, demonstrated that its development plan actually implemented the storm water management methodologies sought to be effectuated by the City’s Zoning Code.

Bruce successfully argued that the requested relaxation of the linear setback distance was to enable the developer to install detention and grading elements expressly designed to intercept and filter surface waters on site, thus reducing potentially erosive and adverse water quality impacts through the granting of the variances.

Both the Appellate and Common Pleas Courts emphasized that “the Board did not properly consider the mandatory factors enumerated in L.C.O. 1533.14 [Riparian Setback provision] prior to denying K. Hovnanian’s variance application.”

Given the adoption by the vast majority of Northeast Ohio municipalities of the model Storm Water Management Code, as did Lorain, the Courts’ analyses are practical guides for all developers to consider in advance of submitting a subdivision plan in which comparable storm water management requirements are to be met.

For more information, please contact Mansour Gavin’s Real Estate and Land Use Practice Group.

LEGAL DISCLAIMER

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

 

As the saying goes, “Three strikes and you’re out” or “Good things come in threes.” In Mansour Gavin’s case, it certainly has been the latter. Recently, Mansour Gavin attorneys have secured trial victories in the following matters:

• David Hildebrandt and Ann Knuth successfully defended a northeast Ohio tech company against a claim of bankruptcy discrimination. The former executive plaintiff claimed that his employment was terminated solely on account of his having filed bankruptcy prior to his employment with Mansour Gavin’s client. The defense was able to show that there were several reasons for the termination decision, including undocumented performance issues. The jury returned a unanimous defense verdict in favor of Mansour Gavin’s client after less than one hour of deliberations.

• Tim Reid and Michael Quinlan recently obtained a defense verdict for a client on a claim of excessive force and assault and battery, where a defendant corrections officer’s restraint of a pretrial detainee resulted in a fractured hip which required hip replacement surgery.  The claim arose in 2011 against a county detention facility.  Although factual claims prevented summary judgment dismissal, at trial our attorneys were able to utilize modern document production and video to demonstrate weaknesses in the plaintiff’s claims, and were able to successfully bar plaintiff excessive force expert from testifying following a Daubert challenge.  This was the fourth successful defense of this same client in the past year, as three other civil rights cases against the same county were dismissed on summary judgment. Mansour Gavin was also successful in receiving an award of attorney fees for the same defendant in a civil rights claim.

• Edward Patton, with assistance from Miles Welo, successfully defended a client against claims of civil recovery for a criminal act, RICO, civil conspiracy, fraud, conversion, and unjust enrichment. The claims arose in 2011 when a public school employee was accused of defrauding a local school district out of a large sum of money. From the onset of litigation, the facts showed that it was highly unlikely our client was involved with the supposed fraud. However, a complaint was still filed, and out of more than 25 named defendants, our attorneys successfully represented the only defendant to go to trial. Mansour Gavin presented a fact-based defense that established the local school district proceeded to trial without sufficient evidence to prove its claims.

LEGAL DISCLAIMER

The information contained on this web site and any linked resource is intended to provide general information and does not constitute legal advice. The content is not guaranteed to be correct, complete, or up-to-date. This web site is not intended to create an attorney-client relationship between you and Mansour Gavin LPA or any of its associates, and you should not act or rely on any information in this web site without seeking the advice of an attorney.

Bruce Rinker, a member of Mansour Gavin LPA’s Real Estate and Land Use practice group, was recently honored at the Cuyahoga County Mayors and City Managers Association’s annual dinner.  Held at Landerhaven, the event toasted – and gently roasted – outgoing mayors and city managers from the area. Other departing mayors honored included Richard Balbier of Brooklyn, Tom Brick of Chagrin Falls, Bill Cervenik of Euclid, Greg Kurtz of Independence, and Joe Cicero of Lyndhurst. Rinker, who is not seeking re-election after 22 years as the mayor of Mayfield Village, will step down from his post in January 2016 when his successor is sworn in.

While circumstance led him to run, as a vacancy opened up in the mayor’s office while he was City Council President, Rinker says he developed a sense of commitment to putting the village on a path toward long-term stability. He is most proud of growing a healthy tax base, rebuilding and refurbishing all major public facilities and amenities in the village, and installing a new and greener infrastructure during his years as mayor. “Our creation of the Greenway, the spine of our greenway corridor, is emblematic of our seamless meshing of residential, commercial and recreational uses within our boundaries,” Rinker said.

And what will Rinker, who also serves as a Cleveland Metroparks Commissioner, do with a bit of extra free time once his tenure as mayor is complete?  “What’s that?” he joked.

Congratulations, Bruce! Mansour Gavin sincerely appreciates your years of public service, and all that you have contributed, both to your community and to Cleveland.

Mansour Gavin LPA is pleased to announce that shareholder, Brendon Friesen, was recently named to the executive committee of the Legal Netlink Alliance (LNA). LNA is a global alliance of carefully selected, mid-sized, general practice, independent law firms.  Mansour Gavin LPA was selected to join LNA in the fall of 2014.  Firms are chosen for membership because they represent a high level of quality and integrity. The network’s membership of first class law firms gives the client access to quality legal representation virtually anywhere in the world. Mansour Gavin LPA will host the LNA annual fall meeting in Cleveland in October 2016.

Jim Budzik, a member of Mansour Gavin LPA’s Labor and Employment practice group, will present at the National Business Institute’s “Human Resource Law from A to Z” seminar on December 1 and December 2, 2015.  The NBI seminar will be held at the Holiday Inn in Independence, Ohio.

Jim will speak on December 2nd, and his presentation will cover current issues in Human Resources, including best practices with employee wellness programs, developing workforce plans that benefit businesses, and effective strategies for reducing health benefit costs.

For more information or to register to attend the seminar, please click here.

Bruce Rinker and John Monroe, both members of Mansour Gavin LPA’s Real Estate and Land Use practice group, will be speaking at the 27th Annual Planning and Zoning Workshop on Friday, November 13th.  Hosted by the Cleveland Section of American Planning Association Ohio, the seminar will take place at LaCentre Conference and Banquet Facility in Westlake, Ohio.

Bruce will be conducting the required AICP Ethics session, inclusive of review of the Code, hypothetical fact scenarios, and a consideration of evidentiary and public records issues from the perspective of the courtroom.

John will be co-presenting a session on variances entitled “Varying the Variance” along with former Cleveland City Planning Director Robert Brown.

For more information or to register to attend the seminar, please click here.

Proud supporters of the American Heart Association | American Stroke Association, Mansour Gavin LPA once again put together a team that walked in the 2015 Heart Walk on Saturday, September 26th.  Prior to the big walk, Mansour Gavin raised funds for the AHA with an office cake walk, happy hour, 50/50 and prize raffles, and the ever-popular casual days.

What do you get when you put 25 attorneys in one room for an entire day?  (Actually … don’t answer that). In Mansour Gavin’s case, however, it involved plenty of good ideas!  We held an all-attorney firm retreat at Sawmill Creek Resort in Huron on September 28th,  where we worked on plans for the firm’s practice groups and discussed ways to improve our service to clients.

Mr. Mansour is the founding partner of the firm. He continues to counsel corporate clients on complex business issues, antitrust litigation and labor matters. He has extensive trial experience in national and international jurisdictions and has successfully represented clients before the United States Supreme Court.

Mr. Mansour is licensed in the State of Ohio