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How to File for Bankruptcy in Texas

How to file for bankruptcy in TX

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How to File for Bankruptcy in Texas

May 25, 2022
How to file for bankruptcy in TX
Hardly anyone expects their lives to follow a path full of worst-case scenarios. Sometimes bad things happen — even when you work hard to do your best. So, when it comes to your finances, U.S. bankruptcy law has long been set up to help you brush yourself off, move on, and try again.

How does bankruptcy work?

Bankruptcy is often viewed by people as one of two extremes: a shameful failure or a rich person’s escape. Sure, there are high-profile bankruptcy filings, like that of former Texas Governor John Connally, which resulted in the auctioning off of a life-sized 19th-century statue of a patron saint. But most bankruptcy filings are simply a legal and accessible process designed to help you move toward debt relief and away from the financial stress of creditor lawsuits, collection calls, garnishment actions, and foreclosures. 

There are a few key things worth knowing about how to file for bankruptcy in Texas before jumping into the specifics.
    1. Bankruptcy is governed by federal law. The laws that established and continue to uphold bankruptcy proceedings were designed by Congress as a way of giving the “honest but unfortunate debtor… a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.”
    2. Bankruptcy is not just one process. In fact, the U.S. Bankruptcy Code created six different types of bankruptcy proceedings, three of which are available to people who want to file personal bankruptcy.
    3. Bankruptcy is a fresh start for many people. In 2019, the courts saw 774,940 bankruptcy cases filed. However, what that fresh start looks like varies from person to person, and that’s why there are different types of bankruptcy filings. 
    4. Bankruptcy has restrictions. Not everyone who may want to file for bankruptcy will be allowed to, or they may qualify for one type of bankruptcy but not another. Consulting with an experienced debt management attorney can help you determine whether bankruptcy is right for you and save you valuable time by helping you file for the correct proceeding.
    5. Bankruptcy can be filed solo or jointly. Even if you’re married, you have the option to file alone or with your spouse. You can even both file for bankruptcy separately, even in a community property state like Texas. Every couple’s individual circumstances are different, especially in a community property state, so what is good for one couple might not be best for the next. 

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Regardless of your income, your credit history, your job, or even your ability to manage your finances, sometimes life throws you a curveball. Unexpected circumstances can drive even the most financially-savvy person spiraling into debt that might be inescapable without help.

What are the most common forms of personal bankruptcy?

There are four kinds of bankruptcy for individuals: Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Chapter 11 bankruptcy is a form of reorganization bankruptcy generally used by corporations, sole proprietors, or partnerships who want to keep their business running and generate revenue while paying back their creditors over a period of time. Chapter 12 bankruptcy is a voluntary repayment plan available to family farmers and fishermen. For this reason, we’ll be focusing here on the two most common forms of personal bankruptcy.

    1. The “Fresh Start.” Chapter 7 bankruptcy is a form of liquidation bankruptcy. Under this plan, you are telling your creditors — the people you owe money to — that you simply can’t pay them. Your assets will be sold off to pay your creditors (don’t panic — more about that a bit later when we talk about exemptions), according to the bankruptcy court’s ruling, and your debts are then discharged, or completely wiped out.
    2. The “Wage Earner’s Plan.” Under Chapter 13 bankruptcy, bankruptcy protects a debtor who is able to repay their creditors under an adjusted repayment plan. The time to complete a Chapter 13 bankruptcy is three to five years, depending on your income and ability to pay off your debts. 
You should ask yourself a few questions to determine what kind of bankruptcy filing might be right for your situation:
  • Am I in more debt than I can handle right now?
  • Have I tried other options to pay off my debt?
  • How much debt do I have?
  • What type of debt do I have?
  • How much income do I have?
  • Do I struggle to meet basic monthly needs?
  • How will I pay for my bankruptcy costs?
  • What is my level of stress about my debt?
Answering these questions armed with information about the pros and cons of different types of bankruptcy can help you decide whether you should file and which type is best for you. In some cases, you may not have a choice because of eligibility requirements.

How do I qualify for Chapter 7 bankruptcy?

A federal law from 2005 applies a “means test” to determine if you can file for Chapter 7 bankruptcy to deal with your consumer debts. Remember, under this chapter, many of your debts will be discharged and likely never paid, so the government wants to make sure that only people who truly are going to be unable to pay are able to get that fresh start.

  • Am I in more debt than I can handle right now?
  • Have I tried other options to pay off my debt?
  • How much debt do I have?
  • What type of debt do I have?
  • How much income do I have?
  • Do I struggle to meet basic monthly needs?
  • How will I pay for my bankruptcy costs?
  • What is my level of stress about my debt?

The first step of the means test is simple: What’s your income? If your income is below the state median income, you are eligible to petition for Chapter 7 based on this standard. The median income standards for Texas bankruptcy cases filed after May 1, 2021 include the following figures:

  • Household of 1: $4,412.75 monthly/$52,953.00 annually
  • Household of 2: $5,940.58 monthly/$71,287.00 annually
  • Household of 3: $6,425.83 monthly/$77,110.00 annually
  • Household of 4: $7,433.00 monthly/$89,196.00 annually 
  • Household of 5: $8,183.00 monthly/$98,196.00 annually

The median income standards go up from there, and you will need to certify your income with the courts by filing a Chapter 7 Statement of Your Current Monthly Income. If you don’t qualify to petition for Chapter 7 based on your income, you still might qualify if certain allowed expenses deducted from your income leaves you without enough disposable income to pay your debts. Additionally, certain military service members are exempt from the means test altogether.

Whichever type of bankruptcy you are eligible for or decide to file, it will be the bankruptcy judge who ultimately determines whether you will undergo Chapter 7 or Chapter 13 proceedings.

What’s the process for filing for bankruptcy in Texas?

Once you have determined that you want to file for bankruptcy, you must first take care of a few things:
  1. Receive credit counseling from an approved agency within 180 days before filing. You will need to file this certificate with your case.
  2. Find your bankruptcy court. There are four courts for filing bankruptcy in Texas: the Texas Eastern Bankruptcy Court, Texas Southern Bankruptcy Court, Texas Western Bankruptcy Court, and Texas Northern Bankruptcy Court.
  3. Know the local bankruptcy rules for filing. These rules can give important instructions for filing your bankruptcy case and are pretty complex. The Local Bankruptcy Rules are just one reason that federal bankruptcy guidelines recommend working with an attorney.
  4. Confirm which chapters of bankruptcy you think you might be eligible for. Again, personal bankruptcy cases for consumer debt will be either Chapter 7 or Chapter 13 as determined by the means test.

After all of this, you can start gathering the information you need so the paperwork can begin, starting with the Voluntary Petition for Individuals Filing for Bankruptcy, appropriately numbered Form 101. This and other forms make up the petition, statement of your financial situation, and other required documentation that will provide the court the following information:

  • A list of all your creditors and the amount you owe them
  • The source, amount, and frequency of all of your income
  • A list of all of your property, even property that will be exempt from the proceedings
  • A detailed list of your monthly living expenses, including food, clothing, shelter, utilities, taxes, transportation costs, medicine, childcare, and more
The timeline for bankruptcy forms filing is fairly specific, and the courts will require that you stick to them. For example, some forms must be filed at the same time of your bankruptcy filing, and others within 14 days of your initial filing (although they can be filed at the same time).

Part of what you will need to file is documentation of your property exemptions. Whether you are in Chapter 7 or Chapter 13 proceedings, certain property that you own is exempt from bankruptcy proceedings under federal laws and state laws. For a Chapter 7, that means this property won’t be liquidated to pay debts. 

You can choose to apply either federal or state exemptions to your bankruptcy case. Texas laws are considered fairly generous, including:
  • Homestead exemptions for your residence
  • One motor vehicle per licensed household member (or per person who relies on someone else to operate the vehicle)
  • Personal property exemptions that include firearms, sports equipment, home furnishings, some jewelry, animals, including some livestock, clothing, food, health savings accounts, and burial plots
  • Tax-exempt pensions and retirement accounts
  • Certain insurance benefits
For married couples filing bankruptcy jointly, Texas allows each person to claim the exemption for jointly owned property.

How can Farmer Law help you manage your debt burden?

The decision to file for bankruptcy isn’t an easy one, and we understand that even considering it means you may need support handling your debt. Speaking with an experienced debt management and bankruptcy attorney can provide you the information you need to make the best decision for yourself. Ready to get started? Contact Farmer Law today.

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    Do I Need a Lawyer for a K-1 Visa?

    lawyer for a k-1 visa

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    Do I Need a Lawyer for a K-1 Visa?

    May 25, 2022
    lawyer for a k-1 visa
    Maybe you met on a sightseeing trip, or perhaps in a semester-long study abroad program. A friend’s destination wedding. A job training program. A whirlwind romance during what might have otherwise been a simple vacation or a match made by an international marriage magic-maker. Now, all that’s needed is to tie the knot — and secure a visa so that you can marry and live together in the United States.
    Considering how often it seems to happen in the movies, getting a visa for the future spouse of a U.S. citizen sounds like it would be easy. So, do you even need a lawyer for a K-1 visa? Read on to find out whether it’s worth it to hire an immigration lawyer when you’d rather be focusing on the honeymoon.

    What is a K-1 visa?

    A type of family-based immigration, the non-immigrant fiancé(e) visa with the K-1 classification allows the future spouse of a U.S. citizen to come to the U.S. in order to get married within a required time frame. The K-1 visa is one pathway to a marriage-based green card and is not the same as an I-130 petition for a spouse.

    The K-1 visa is only for engaged foreign nationals currently living outside of the U.S. If both partners in the engaged couple are currently living in the U.S., then it is likely that your fiancé will need to file for an adjustment of status.

    Who qualifies for a K-1 visa and under what conditions?

    Being in love isn’t enough for the United States Citizenship and Immigration Services (USCIS), but it’s a good place to start. In order to qualify for a K-1 fiancé visa, engaged couples have to have a valid relationship that is not just for immigration purposes. You must genuinely intend to establish a life together  — this is what USCIS calls “bona fide intent.”
    Along with being bona fide, both people need to be ready for that next step of legal marriage and be aware that the K-1 visa has a quick expiration date. Couples must marry within 90 days of the foreign fiancé’s arrival in the U.S. on a K-1 visa or it will be invalidated and they will have to leave the country.

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    That’s not all, though. In order to apply to bring a foreign future spouse to the U.S. on a K-1 visa, the petitioner must
    • Be a U.S. citizen (permanent residents cannot sponsor their fiancé)
    • Be legally free to marry in the U.S., as must be the foreign partner
    • Have met the foreign fiancé in person at least once in the two years before the petition is filed (although you can apply for a waiver)
    Being legally free to marry means that neither spouse is legally married to anyone else currently. Any previous marriage must have been legally terminated, and you will both need to submit documentation of the legal termination of previous marriages via one of the following:
    • Annulment decrees
    • Death certificate; or 
    • Divorce papers.
    Any discovery that a previous marriage was not terminated legally means this marriage is invalid and could result in a revoking of immigration rights — or even deportation.
    Furthermore, while many countries still prohibit marriage for same-sex couples, that does not impact their eligibility for the K-1 visa. In Windsor v. United States, the Supreme Court of the United States found a section of the Defense of Marriage Act unconstitutional. This means that the section of the law that denied legal federal benefits to same-sex couples is no longer allowed, and all couples — regardless of the gender of both partners — are allowed the same benefits. These benefits include immigration processes, like sponsoring a fiancé or a spouse, even if the foreign partner’s home country does not recognize same-sex marriages.

    Last, you may believe that you have to be wealthy in order to petition to bring your fiancé to the U.S., but that is not true. An executive order in 2019 created a rule that required all family-sponsored immigration petitioners to provide extensive financial and personal documentation in connection with this application, but that is no longer the rule. While the process is not free, it is affordable for most people and now requires only verification of basic financial information of the Petitioner.

    What’s the process like for getting a K-1 visa?

    Once you’ve decided to make the leap, it’s time to take steps to start your new life together. The first step is for the partner who is a U.S. citizen to file the initial petition.
    1. File Form I-129F, Petition for Alien Fiance(e) for the fiancé as well as any children to be included under the K-2 category.
    2. Submit additional evidence if requested by USCIS.
    3. Receive approval of the Form I-129F petition.
    4. Receive notification of the NVC sending the approved form to the DOS National Visa Center (NVC).
    After the approved petition has been shared with the NVC, the foreign fiancé is able to file an application for a visa.
    1. Wait for NVC to send the approved petition to the U.S. embassy or consulate where the foreign fiancé is living.
    2. Receive notice of immigration interview scheduling.
    3. Undergo medical examination.
    4. Apply for the visa with the online DS-160 form, print the confirmation, and bring it and any other required forms and documentation to the interview at the U.S. embassy or consulate.
    5. Receive approval of the visa application and issuance of the visa, which is valid for entry for up to six months.

    At either of these two stages, a lack of proper documentation is the most common cause of denial. But even a visa approval is not a guarantee of being allowed into the U.S. at a port of entry. Once in the U.S., the couple has 90 days to marry, and during that time the foreign fiancé may apply for employment authorization. After the marriage, the visa holder may apply for permanent residency — a green card.

    Is there a cap on the total number of K-1 visas granted?

    There are no caps on the number of fiancé visas able to be issued. However, historical numbers show that both K-1 non-immigration fiancé visas and spousal immigration visas have been fairly consistent, which might be a sign that USCIS is generally looking for the same things in petitions and visa applications. That means that an experienced K-1 visa lawyer will be able to provide you with reliable information about the process.

    How can an experienced lawyer make the process easier?

    There are a few ways to make your life easier while you wait to find out if you’ll be able to live with your fiancé on U.S. soil. First, create a USCIS online account. This will allow you the chance to review your status online as the process goes through its many steps.

    Second, consider hiring an experienced immigration lawyer. While the steps themselves seem easy, it’s the gathering of evidence and documentation that can be stressful and complicated. From requesting copies of old vital statistics records like birth certificates, divorce decrees, and the like, to knowing how to narratively document the timeline and characteristics of your relationship in order to show USCIS that it is bona fide, a lawyer can support you.

    Furthermore, since the K-1 visa process automatically means that one partner is living outside of the U.S., you may need the support of a K-1 visa lawyer who knows how to get information and documentation from sources all over the world in a way that will satisfy USCIS’ requirements.

    When the future of your family is on the line, the process for getting a K-1 visa is worth getting right. If you are ready to take the next steps toward a K-1 visa, schedule a consultation with Farmer Law today.

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      How to Stop Foreclosure in Texas

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      How to Stop Foreclosure in Texas

      May 25, 2022
      If you’re at risk of losing your home to foreclosure, there are steps you can take to stop the foreclosure on your property. Whether you want to hold on to your home forever, avoid the stain of a foreclosure on your credit history, or simply delay the proceedings so you can get a handle on a spiraling debt situation, the situation is not hopeless.
      Even once the foreclosure process on your home has begun, there are some options that can allow you to regain control of a stressful situation, from long-term solutions to last-second Hail Marys. Read on to learn how you can stop foreclosure in Texas.

      When do banks and lenders typically begin foreclosure proceedings against homeowners?

      In Texas, there are two kinds of foreclosures — judicial and non-judicial.
      A judicial foreclosure is when a lender files a lawsuit in court in order to prove they have a right to seize the property. These foreclosures might happen when the loan contract does not include what’s known as a “power of sale clause,” which says that the property can be taken away from the borrower if they don’t pay the loan for the property. Judicial foreclosures are required when the foreclosure comes as a result of the borrower defaulting on a home equity loan or a homeowner’s association placing a lien on the property.

      Non-judicial foreclosures are what most people think of when they think of foreclosure. This is what happens when a loan document contains a power of sale clause. As a result of federal regulations, non-judicial foreclosure proceedings typically begin after borrowers are behind at least 120 days on payments. However, some private lenders don’t have to follow this law, so the amount of time depends on what is outlined in the contract. 

      Texas does not have mandatory requirements when it comes to the terms of a deed of trust, so it’s important to make sure you know what your individual contract says about how many payments you can miss before you’re in default and the foreclosure process begins.

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      In an average year, about 1% of loans are in some state of foreclosure. But every state has its own regulations around foreclosure, and there is a wide variety of activity when it comes to foreclosure in individual states. In April 2021, Texas ranked 28th in terms of the number of foreclosures in the country, with a foreclosure rate of 1 per every 16,957 households.

      Right now, many people have temporary protection from foreclosure because of pandemic-related relief orders. However, protections against foreclosure proceedings for federally backed mortgages, like FHA loans, are set to expire June 30, 2021. Some major lenders like Bank of America and Chase plan to follow the federal timeline. This means that people who are behind in their mortgage payments may see their foreclosure process begin as soon as July. Homeowners in forbearance programs may also be worrying that foreclosure is not far away. 

      What is the foreclosure process like in Texas?

      In both a judicial and non-judicial foreclosure, the foreclosure process requires the trustee (the person who holds the deed of trust and is attempting to seize the property) to follow certain steps.
      Because it’s written into the contract already and was agreed to by the person who took the loan for the property, the non-judicial foreclosure process is relatively straightforward. This can seem like bad news for borrowers already overwhelmed with job loss, health issues, or other life stresses that contributed to falling behind on payments. Knowing the process, however, can help you see where and how you can stop foreclosure before it’s too late.
      Here are the basic steps of a non-judicial foreclosure process:
      1. Notice of default
      Once the period of time required for default, as outlined in the mortgage paperwork, has passed, the lender can decide to go through with foreclosure. If they do so, they are required by law to send a written notice allowing you 20 days to “cure” (pay in full the amount owed), which means to bring the defaulted loan current. For certain loans, like FHA loans and VA loans, this time period is increased to 30 days.
      1. Notice of sale
      The next step is the notice of sale, which is the second (and last) notice the law requires your lender to send to you. This notice of sale must give you at least 21 days’ written notice of the date of the foreclosure sale. Make sure you know whether the 21 days begins from the date the notice is mailed and not the date you receive it. If you are not home to receive this certified letter and do not go collect it from the post office, that will not stop the auction of your home. This foreclosure notice is also posted at the courthouse as well as filed with the county clerk.
      1. Foreclosure sale
      In Texas, foreclosure auctions are held at the county courthouse on the first Tuesday of every month, even on holidays. Anyone may bid on these properties. Some people hope that they can buy the property back from the new owner after the auction, but in Texas you do not have a legal right to buy back your property from the new owner unless it was sold by the government, by a tax lender, or for non-payment of HOA fees. Even then, there are time limits to buy it back, and doing so can come with expensive fees.
      Because of when the notices must be mailed to you by law, a foreclosure can go from the notice of default to the auction block in as little as 41 days. This makes the months between when you start missing payments and when the mortgage company decides to foreclose a crucial time in stopping the foreclosure from happening.

      What is loss mitigation, and how does it work?

      Loss mitigation is a term for all the ways mortgage servicers work with borrowers to avoid foreclosure from happening. Loss mitigation can start before you even miss a payment, or it can happen at virtually any point along the way through the foreclosure process. It’s important to know that the original notice of sale sent by the lender may also include what is known as a “notice to accelerate,” which can be scary to homeowners and make them think they no longer have options to avoid foreclosure.
      An acceleration clause is the part of a mortgage contract that makes foreclosure a very real possibility versus a scare tactic. Acceleration means that defaulting on the loan by missing your payments will result in you owing the entire balance on the loan rather than just the amount of your missed payments. That means that missing a few thousand dollars in payments can leave you owing hundreds of thousands due to the mortgage company — and that is how foreclosure happens.
      The intent to accelerate might be the moment where hopelessness really kicks in, but it does not mean there is no chance of saving your home (if that is what you want). Generally speaking, most lenders would still rather work with you than lose money on a foreclosure sale; even if they would not, they may not have a choice if you take other steps to delay or prevent the foreclosure.

      Even before your lender files a notice of default, they have to offer you ways to get current on your loan. Keep in mind that the mortgage company stands to lose in the event of a foreclosure, too, and not every loss mitigation option will benefit you as much as it will them. These options may include

      • Forbearance. This is temporary relief from paying your mortgage, such as paying at a lower rate without penalties or even pressing pause on payments. Keep in mind that you will owe the difference at the end of a forbearance period, so if you are experiencing more than a very temporary loss of income or will not have a way to put together a lump sum, this might not be best for you.
      • Repayment plan. A repayment plan is like a forbearance in that your lender will personalize a solution for you. With a repayment plan, you might pay a portion of the missed payments on top of your regular mortgage payments until you are caught up. A repayment plan can be ideal when a temporary loss of income or unexpected expenses caused missed payments but you’ve gotten back on track.
      • Loan modification. Unlike a repayment plan, which keeps the same mortgage terms but allows you to address missed payment, a loan modification is designed to help you now and in the long term by actually changing the terms of your mortgage, like adding years to the term of the loan or reducing the interest rate. Sounds too good to be true, right? Unfortunately, while they might be right for some people in some situations, loan modifications usually hurt your credit by appearing as a debt settlement, which is hard evidence that you did not honor the terms of your loan. Refinancing before you get behind on payments is generally a better idea, if you’re able. If you decide a mortgage modification is right for you, it’s best to make sure you speak to a debt management lawyer before committing to the new terms.
      • Short sale. Called a short sale because it will leave you “short” of what you owe on your mortgage, a short sale is not a foreclosure sale, but it does mean you have to leave your home. Sometimes, lenders will agree to accept whatever you can sell your home for in a short sale, and sometimes you will still have to pay the difference. In Texas, borrowers can even be held responsible for the deficiency if the house is foreclosed on and auctioned off, so a short sale can look pretty good when you know you simply will not be able to catch up.
      • Deed-in-lieu of foreclosure. Like the voluntary repossession of a car, a deed-in-lieu of foreclosure is just as it sounds. Rather than be subjected to the foreclosure proceedings and have that on your credit, you can voluntarily give your home back to the lender. Like a short sale, you would want to try to get your lender to waive your responsibility for the deficiency. This can sound like a great option when you feel like you have a massive mountain to climb to get right on your home loan, but don’t be too quick to voluntarily give your home back unless you truly have considered all options.

      What steps can a homeowner take to stop or avoid a foreclosure?

      Life changes, and sometimes there is very little you can do about it. At any moment, medical expenses, job losses, or unexpected expenses can flip your financial world upside down. Most mortgages are five months behind before they are ever referred to foreclosure and 10 months behind before the foreclosure sale, so you almost always will have time to find a solution.

      Unfortunately, 69% of borrowers never even contact their lender before the foreclosure sale. If you are worried you will fall behind in your mortgage payments and will have a difficult time navigating the situation, consider asking for help from a trusted friend or family member to help you stay proactive in avoiding the worst-case scenario. Here are a few ways to do so:

      • Always open your mail. Mortgage companies will call you, but they also are required by law to send you important notices in the mail. In a digital world, many people tend to ignore snail mail, but it is absolutely crucial that you know what steps your mortgage company is taking and when. Too many people have had their homes sold out from under them because they simply missed the notice in the mail and thought they had more time.
      • Ask your lender for a loss-mitigation packet. In most cases, a loss mitigation application received at least 37 days before the foreclosure sale must stop all foreclosure activities.
      • Speak with a housing counselor. Many cities, counties, and even the federal government offer housing counseling assistance. A housing counselor will not solve the problem for you, but they can be an objective source of information if you are concerned that your mortgage company may not have your best interest in mind.
      • Call a bankruptcy lawyer. “Bankrupt” is a powerful word. Say it aloud, and you might even think it feels like a word so terrible you can’t spit it out fast enough. Many people believe the myth that bankruptcy is a sign of failure or weakness, but the reality is that it’s simply a solution to a problem, especially if you want to keep your home. Filing for a Chapter 13 bankruptcy to restructure your debts can give you an opportunity to stay in your home and have a healthier financial outlook. When the alternative is foreclosure, which is still a stain on your credit report, bankruptcy might just be the better alternative.

      What steps won’t stop a foreclosure?

      The most obvious non-solution to stopping foreclosure on your home is continuing to avoid the mortgage company’s calls and hoping you can catch up in time. Unfortunately, this is what many people do. Acknowledging that you are in a financial hole is difficult, and you may not even be aware of the solutions that are out there to help you save your home.
      In some cases, though, you might just want to be done with it. Maybe life changed drastically, and you cannot, or do not want to, continue fighting to make the mortgage payments. Chapter 7 bankruptcy will probably not provide a way for you to catch up with your mortgage, but it will put a stop to the foreclosure proceedings. That means more time for you to stay in your home while you make a plan for the next steps — all without the sting of a mortgage payment out of your reach. In the event that you are able to seek a Chapter 7 bankruptcy, you will also not be liable for Texas’ deficiency after the foreclosure sale, giving you a truly fresh start.
      If you are worried that your finances need critical attention, consider speaking with an experienced debt management and bankruptcy attorney in Texas. A lawyer can help you consider the options for your unique circumstances and, if needed, can educate you about how bankruptcy — which is a federal process — might impact your Texas foreclosure proceedings.

      When your future is on the line, knowing how to stop foreclosure in Texas is a crucial first step. To learn more, schedule your consultation with Farmer Law today.

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        Solve Your Labor Problem

        The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
        Let’s Talk
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        H-2A Visa

        Things to know if you already have an H-2A program in place.

        Blog

        Things to know if you already have an H-2A program in place.

        May 25, 2022

        Compliance with US immigration laws is vital to your company’s success. The H-2A program allows farmers who employ individuals in the United States to hire foreign employees to fill temporary labor jobs, according to US immigration laws.

        If you already have an H-2A program in place, it is important that you are aware of some rules to follow while your workers are in the US.

        Employers of H-2A workers must notify USCIS within 2 workdays if any of the following occur:

        • No show: The worker fails to report to work within 5 workdays of the latter of the employment start date on the H-2A petition, or the start date established by the employer.
        • Abscondment: The H-2A worker leaves without notice and fails to report for work for 5 consecutive workdays without the consent of the employer.
        • Termination: The H-2A worker is terminated before completing of the H-2A labor or services for which he or she was hired.
        • Early Completion: The H-2A worker finishes the labor or services for which he or she was hired more than 30 days earlier than the date specified in the H-2A petition.

         Each notification must contain: the reason for the notification, the reason for untimely notification and evidence for good cause, the USCIS receipt number of the approved H-2A petition, the petitioner’s and employer information (name, address, phone number, employer identification number), the H-2A worker’s information (Full Name, Date of birth, Place of birth, Last known physical address and phone number. If available social security number and visa number)

        We know that the follow up with your workers and administrating their status can be a lot, but with the help of a top immigration law firm, this process can be less of a burden on your business.
        To get more information about starting your H2A program to hire reliable temporary labor, call us and schedule a consultation with our immigration attorneys. Phone (770)-422-4241 or intake@farmerlawpc.com

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          Solve Your Labor Problem

          The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
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          H-2B Visa

          How to attract the right candidates and retain them.

          Blog

          How to attract the right candidates and retain them. Foreign talent may be the answer.

          May 25, 2022

          Recruiting top-quality talent isn’t an easy task. It involves a lot more than simply posting a job description and waiting for the applications to roll in. Your inbox may immediately be flooded with submissions. However, finding a candidate who has the right skills and expertise and is also a great cultural fit for your company? That’s hard.

          So why not expand the candidate pool outside your city, state or even country? It’s well known that making diversity an important part of the recruiting process will broaden your talent pool of prospective employees. Diversity, including diversity of gender, religion, and ethnicity, has been shown to improve retention, improve performance and reduce the costs associated with employee turnover.

          Even so, some businesses think that applying for an international candidate while complying with US immigration laws may be difficult and expensive, especially in this political climate.

          As immigration consultants, we find that it is not as complicated as our customers initially think. With the right strategy, depending on the industry, and available positions there are many options for employers to consider. For example, many companies come to us thinking their only option is the most popular work visa H-1B, but they learn about the TN visa or other types of work visas that can cover their need and may be quicker and more cost-efficient.

          It is our job as an immigration law firm to help our customers navigate visa requirements and employment laws. will help you fully understand your options. Our immigration consultants can help you find the right candidate for your team, resolve your labor bottleneck, and allow your company to become more profitable.

          If you need more information to implement an international program contact us. You can call us and schedule a consultation with our immigration attorneys to talk about your specific needs. Phone (770)-422-4241 or email us at intake@farmerlawpc.com

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            Solve Your Labor Problem

            The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
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            H-2B Visa

            How Can H-2B Visas Help Solve the Construction Industry Labor Shortage?

            Blog

            How Can H-2B Visas Help Solve the Construction Industry Labor Shortage?

            May 25, 2022

            The construction industry’s labor shortage isn’t new, nor is it news — at least, not to employers who have struggled for years to hire the labor they need despite record industry employment.

            Despite the challenges facing the U.S. as it recovers from the extraordinary setbacks of COVID-19, Texas remains an all-around powerhouse in job creation and population growth — and that translates to market booms for the construction sector. But how can employers meet the demands of the industry when 81% of construction employers have a difficult time filling positions? One solution is H-2B visa construction jobs, which allow foreign nationals to come to the U.S. to perform non-agricultural work.

            What is the H-2B visa program?

            With H-2B visa jobs, non-immigrant guest workers are permitted to work in the U.S. in temporary, non-agricultural jobs. This program is not intended to provide a pathway to permanent residence or citizenship, and it does not have specific educational, occupational, or skill requirements.
            An analysis of the Department of Homeland Security’s (DHS) fiscal year 2018 claims data showed the construction industry was the fifth-highest that year in terms of industries with H-2B hires, with 5,756 approved H-2B workers. This is consistent with long-term data, too. In 2014, construction was the sixth-highest, with more than 2,407 industry employers receiving certifications for workers.

            The labor certification is the first step in the process of hiring workers under the H-2B program. Because this program is designed to fill a need identified by U.S. employers, the process is initiated by employers rather than the guest workers themselves.

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            Who qualifies for H-2B visas and under what conditions?

            Employers who want to supplement their labor force with foreign workers should always carefully consider whether the work they need done falls under the eligibility requirements of the H-2B program. So how do you know if you can even seek labor certification?

            In order to be eligible for H-2B labor certification, employers must
            • Have valid Federal Employer Identification Number (FEIN)
            • Have a physical place of business in the United States, and
            • Have a means by which you can be contacted for employment
            If you meet those qualifications as an employer, then you can consider whether the positions you need workers for may qualify by asking yourself a few general questions.
            • Are the job duties temporary or seasonal in nature? For H-2B purposes, this means the job is either an intermittent or a one-time occurrence, seasonal, or peak-load need.
            • Is the job opportunity for full-time employment? The job opportunity must be a bona fide, full-time position of at least 35 hours per week.
            • Is the job opportunity non-agricultural? The expectations and duties of the job must be consistent with the normal and accepted qualifications and requirements of the position, and it cannot be in the agricultural sector — that would be the H-2A program.
            In order to hire H-2B workers, you must go through a lengthy application process to determine that there are not enough U.S. workers who are qualified and available to perform the work and that the employment of H-2B workers will not adversely affect the wages and working conditions of U.S. workers in similar positions.
            While experienced construction industry employers already know when hiring is tough, the Department of Labor (DOL) will still need to certify that fact formally. If you believe that your hiring needs will pass muster with the DOL, then you are ready to begin your application.

            What are the steps of the application process?

            Employers should begin the process about six months before the actual start date of the work. The application will need to make its way through several agencies, and getting the right paperwork in at the right time is crucial when it comes to getting workers when you need them.

            1. Prevailing wage determination (PWD): The first step is submitting ETA Form 9141 to the DOL. This is where you will provide a statement explaining your need for the labor to be performed, and a detailed description of the job’s duties and location(s) of the work. This allows the DOL to decide what the required wage is for the job.
            2. State job order: About 90 days before the start of work, once the DOL sends the Final Determination Letter with the prevailing wage and you agree to pay the rate set in the PWD, you will need to submit the H-2B Job Posting Request Form to your state workforce agency.
            3. Labor certification application: The state workforce agency reviews and approves the job order and sends their Notice of Acceptance, and you can submit ETA Form 9142B and any necessary appendices to the Chicago National Processing Center.
            4. Recruitment: Within 14 days of the Notice of Acceptance, you will need to also begin doing your part in recruiting U.S. workers while the state workforce agency does the same.
            5. Submit recruitment report: After you complete your required recruitment steps, you will need to submit documentation of your actions, including justification for every refusal of a U.S. worker and evidence that you contacted former workers. This will happen about 30 to 60 days before the work start date.
            6. Petition USCIS: You can now begin petitioning United States Citizenship and Immigration Services (USCIS) for non-immigrant workers with a copy of your labor certification and the Form I-129 petition. If the lottery system works in your favor, you will finish accepting referrals for U.S. workers 21 days before the start of work and then finalize and sign your recruitment report.
            7. H-2B worker recruitment: About two weeks before the start of work, you will begin recruiting H-2B workers using the recruiters listed on your labor certification, provide information to schedule visa interviews, and provide job order to the workers.
            8. Application for admission: After workers are selected and approved by USCIS, you will process the workers, file an online application with Customs and Border Patrol, pay the fees, and organize transit to the proper port of entry.
            9. Employ workers: As part of the employment requirements of H-2B workers, you must — along with paying a prevailing wage — provide Social Security numbers and adequate housing, benefits, and working conditions to your workers, all of which you will have documented in your application.
            The Wage Hour Division has additional requirements intended to protect both the rights of workers and the program itself that you are responsible for during and after employment, including preserving all employment records for three years.

            Are there any caps on the number of H-2B workers?

            Like many other visa programs, the H-2B guest worker program has limits on the number of people allowed to receive authorization to work in the U.S. The H-2B program has a cap of 66,000 workers, which is divided up equally in each half of a fiscal year, which means:

            • Up to 33,000 visas are available to workers who begin employment between October 1 and March 31
            • Another 33,000 are available to workers whose employment begins between April 1 and September 30, along with any “leftovers”

            What are the odds of approval?

            In order to encourage employers to petition for labor certification as early as possible, the Department of Labor updated their filing system so it would place applications for processing in the order they were received in the electronic filing system. However, on January 1, 2018, over 5,000 petitions were filed — for a total of 96,400 workers — just for spring and summer jobs, and the filing system crashed.

            After that, the DOL decided to start using random selection to process applications from employers. USCIS also decided to start using a lottery process to process applications from foreign workers.

            Even with so many available visas, labor shortages in a number of industries mean that it’s a competitive process, and any delays can cause serious problems for employers who are in need of the labor force.

            How can Farmer Law help?

            The 2021 Dodge Construction Outlook anticipates that the 2021 Texas construction market will reach at least $771 billion, making gains everywhere from new residential construction to wind farms across the state. Some businesses even managed to use their shuttered time during the pandemic to reinvent their spaces, and many homeowners leveraged historically low interest rates with cash-out refinances for residential remodels.

            Not only do employers have to understand a complicated filing schedule and lottery system, there are 176 H-2B rules for workers and employers — not including additional requirements created in 2020 in response to the COVID-19 pandemic.

            Staying on top of the process in the right timeline is a lot to put on an already busy plate. For more information about how partnering with a strategic legal advisor can help you get the workforce you need, contact Farmer Law today.

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              Solve Your Labor Problem

              The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
              Let’s Talk
              Categories
              H-2B Visa

              What is a Green Card?

              Blog

              What is a Green Card?

              May 25, 2022
              How can you obtain a Green Card according to US immigration laws?

              A Green Card is an unofficial name for the permit allowing immigrants to permanently live and work in the United States of America. The official name is “Lawful Permanent Resident Card”.

              A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. You can become a permanent resident in different ways and the steps you must take to apply for a Green Card will vary depending on your individual situation.

              Below we will discuss some of the more frequent paths.

              1.  Green Card through a family. An immediate relative of a US citizen, family of a lawful permanent resident, fiancée of a US citizen or the child of the fiancée’s child, widower of a US citizen or VAWA self-petitioner.
              2.   Green Card through employment. Immigrant investor, physician national interest, or immigrant workers according to 1st, 2nd and 3rd preference according to the USCIS.
              3.   Green Card as a Special Immigrant. Religious workers, International Broadcaster, International Organization Workers, among others.
              4.  Green Card through Refugee or Asylee Status. Refugees and asylees can apply for lawful permanent resident (LPR) status after they have been physically present in the U.S. for at least one year.
              5.   Other petitions. You can also apply for a green card for human trafficking and crime victims, victims of abuse, diversity immigrant visa program, among other special categories.

              Once it is determined you are eligible for a permanent residence, the next steps will depend on whether or not you are in the United States.

              While your permanent residency card is pending you can review the process on the USCIS Case Status Online, or call the USCIS Contact Center at 800-375-5283

              It is our job as an immigration law firm to help our customers navigate the complicated US immigration procedures, visa requirements, and immigration laws. Turning to a professional top immigration law firm to obtain your residency will make it easier to present a case to USCIS and help you fully understand your options.

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              Immigration Law

              If you would like to discuss your options with a reliable immigration attorney, call us to schedule a consultation to talk about your specific case with one of our immigration lawyers. Phone (770)-422-4142 or email us at intake@farmerlawpc.com

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                Get in touch with us

                Solve Your Labor Problem

                The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
                Let’s Talk
                Categories
                H-2B Visa

                COVID-19 is Not the Biggest Threat to Your Business.

                Blog

                COVID-19 is Not the Biggest Threat to Your Business.

                May 25, 2022

                Protect Yourself From The Department Of Labor Audits.

                With the Coronavirus outbreak disrupting the global economy, businesses in the U.S. face more uncertainty than they have in over 100 years. On top of this, there are other threats that companies cannot ignore forget such as the Department of Labor audits.

                According to The Census Bureau, there are approximately 7.7 million establishments across the country where at least one paid employee worked. The DOL inspection statistics report states that in 2019 there were 131,065 audits conducted across the US and different industries, where they found 72,491 violations, which means about 55% of businesses audited aren’t compliant with regulations. According to statistics, over 20% of these cases have penalties for over $10,000.00.

                According to the DOL 67% of the violations found, come from deficient filers and the remaining 33% from non-filers, so whether you need to make sure you are following proper procedures to remain compliant with DOL regulations or you need to start, our team of attorneys will get you there.

                While the DOL can audit any type of employer, officials often target lower-wage industries. These can include employers involving healthcare, food service, agriculture, manufacturing, childcare, security services, motels, hotels, janitorial services, seasonal industries, and temporary workers. It is important for these companies and others to understand the audit process and be prepared for an audit at any time.

                While having the assistance of an attorney is not necessary during audits, it can help prevent incorrect findings by the DOL auditor and prepare to defend against alleged violations. We can also help you perform a self-audit to ensure that you are in full compliance with the law, even in the absence of a DOL audit.

                Companies that are proactive when it comes to DOL compliance and audits can often mitigate damages and penalties. Reach out to us at info@farmerlawpc.com to discuss labor audit representation services from our attorneys.

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                  Get in touch with us

                  Farmer Law PC needs the contact information you provide to us to contact you about our products and services. You may unsubscribe from these communications at any time. For information on how to unsubscribe, as well as our privacy practices and commitment to protecting your privacy, please review our Privacy Policy.

                  Get in touch with us

                  Solve Your Labor Problem

                  The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
                  Let’s Talk
                  Categories
                  H-2B Visa

                  Is COVID-19 Causing You to Send Your Workers Home Early?

                  Blog

                  Is COVID-19 Causing You to Send Your Workers Home Early?

                  May 25, 2022

                  LEARN ABOUT TRANSFERRING YOUR WORKERS TO ANOTHER COMPANY TO AVOID HAVING TO PAY THE ¾ GUARANTEE!

                  The recent outbreak of the novel coronavirus (COVID-19) in the United States has led to worry and uncertainty across the country.
                  As employers begin to develop plans to address some of the issues presented and combat the spread of the virus within their workforce, employers are faced with the difficult decision to send workers back to their home country prior to the completion of their work contract. This decision can result in the employer having to satisfy the ¾ guarantee. However, there are alternatives to paying the ¾ guarantee!

                  With US borders closing, U.S. consular posts reducing or temporarily suspending visa services (list of embassy websites for country-specific information concerning COVID-19),  and many countries losing eligibility for temporary work VISAS, many companies’ dependent on these programs face uncertainty on how to get the workers they need, or what to do with the workers they already have, but won’t be able to use due to changes in operations.

                  If your case is the latter, you contact Farmer, Farmer & Brown, we have options that can help you save money by transferring workers you won’t be able to use, to companies where workers are still needed, which can free you of the financial burden of the ¾ guarantee.

                  If you need temporary workers but are unclear on how you can obtain them with all the immigration regulation changes, contact us and one of our immigration attorneys will assess your company’s needs.
                  We also want to urge companies that already have temporary workers under specialty occupation VISAS such as H-1B to be mindful of how the changes in operations such as working from home may affect status compliance for those workers. For these foreign-national employees, there may be additional steps an employer must take to ensure continued compliance with the employee’s visa classification.

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                  Immigration Law

                  In many cases, a change in an H-1B employee’s work location from campus or from the employer’s office location to working from home or some other remote location would require that the LCA be posted at the new worksite and the Public Access File updated accordingly.

                  Depending on the employee’s visa classification, there may be other unique compliance implications to the employer arising out of work from home policies, office closures or work stoppages, and other changes to an employer’s normal business operations.

                  We recommend that employers consult with one of our immigration attorneys to discuss any such changes and the resulting impacts on foreign-national employees. Contact Farmer Law PC today  to learn more about how to navigate the effect of COVID-19 on your immigration program.

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                    Get in touch with us

                    Farmer Law PC needs the contact information you provide to us to contact you about our products and services. You may unsubscribe from these communications at any time. For information on how to unsubscribe, as well as our privacy practices and commitment to protecting your privacy, please review our Privacy Policy.

                    Get in touch with us

                    Solve Your Labor Problem

                    The attorneys at Farmer Law PC understand the value of a diversified workforce and are adept at navigating every facet of immigration law. We offer comprehensive solutions for all of your labor shortages. Our team locates honest, accomplished workers to provide employers with exceptional talent from every corner of the globe.
                    Let’s Talk
                    Categories
                    H-2B Visa

                    Is COVID-19 Affecting Your Farm?

                    Blog

                    Is COVID-19 Affecting Your Farm?

                    May 25, 2022
                    Learn about financial resources to help your business survive the COVID-19 outbreak.

                    While the U.S. Government is hard at work creating and implementing packages for companies such as yours. We know that a lot of agricultural businesses may be facing financial uncertainty and may need help figuring out how to keep their business going in the midst of the COVID-19 financial ramifications.  

                    While your companies are no strangers to economic downturns, the COVID-19 pandemic effects are unprecedented, which is why we have been collecting information on any relief that farmers can use to survive this crisis.  

                    Below are multiple links for you to explore that could potentially provide some financial relief for you, your business, your customers, and your employees. We hope this helps.

                    USDA: https://www.usda.gov/farmbill

                    To find a center geographically situated to you: https://offices.sc.egov.usda.gov/locator/app

                    FARM CREDIT SYSTEM LENDERS: https://farmcredit.com/

                    To find a center geographically situated to you: https://apps.fca.gov/Locator/

                    FARM OWNERSHIP LOANS: https://www.fsa.usda.gov/programs-and-services/farm-loan-programs/farm-ownership-loans/index

                    To find a center geographically situated to you: https://www.disasterassistance.gov/get-assistance/forms-of-assistance/4453

                    SMALL BUSINESS ADMINISTRATION:

                    The Small Business Administration is providing loans specifically geared towards those affected by COVID-19: https://disasterloan.sba.gov/ela/

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                    Immigration Law

                    To see if you qualify as a “small business”, click on the link below which provides a table of reference: https://www.sba.gov/sites/default/files/2019-08/SBA%20Table%20of%20Size%20Standards_Effective%20Aug%2019%2C%202019_Rev.pdf
                    Contact Farmer Law PC today  to talk to our immigration attorneys and learn more about how to navigate the effects of COVID-19 on your immigration program.

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