Saturday, January 25, 2014

Green Card Holders’ Tax Liability Levied on Foreign Income

Many permanent resident-wanna-be scratch their head because they are afraid of paying tax for income and property overseas. Whereas immigration is a rather complicated life decision and cautions should be taken, since so many express their worries and concerns over this topic,  for what is worth, we would like to explore the real damage here. 

United States is one of two countries in the world that impose tax on foreign income of permanent resident. However, it took possibility of double taxation into consideration. That is to say,  if you paid or accrued foreign taxes to a foreign country on foreign source income and are subject to U.S. tax on the same income, you may be able to take either a credit or an itemized deduction for those taxes. 

What is a Tax Credit?
The foreign tax credit is intended to reduce the double tax burden that would otherwise arise when foreign source income is taxed by both the United States and the foreign country from which the income is derived. Tax credits directly reduce a person’s tax liability. 
What is itemized deduction?
Tax deductions reduce taxable income; their value thus depends on the taxpayer’s marginal tax rate, which rises with income.
What is Tax Exemption?
Certain types of income as nontaxable. There are many types of income that qualify under this rule, such as life insurance death benefit proceeds, child support, welfare and municipal bond income.

Therefore,, it is safe to say, under US Taxation Law , chance that permanent resident will be double taxed is minimum. Many concerns are not necessary.  


许多考虑争取绿卡的外国公民都表达了对海外收入要交美国税的担忧。当然移民是一个相当复杂的决定, 决策应当谨慎。 但我们愿意就他们的担忧做一定的解释。 希望能在一定程度上简化思维过程。

美国是世界上两个国家中的一个要对永久居民的海外收入征收税收的国家之一。但是,美国税法将双重征税的可能性考虑在内。也就是说,如果你支付了或有义务支付一定的外国税,虽然你也有义务告知美国政府这些收入,但你有一些途径可以减免。 这些途径包括, 外国税收抵免, 收入减免或免征。 

外国税收抵免是通过直接减掉在国外已经交过的税来减少双重税收负担。举例来说, 如果一个人的应交税额总额是2万, 在国外交了1万的税,减掉了该税收, 总欠的税是1万。 
列举扣除是指已交的税收直接用于减少应纳税收入, 因此纳税人的纳税率可能因此改变。 比如, 如果一个人的总收入是5万美金, 其收入的纳税额可能是15%。 因为其在国外交了2万美金的税,那么,他的应纳税收入就是3万美金, 其纳税率可能是10%。

因此,可以安全地说,根据美国税法,永久居民被双重征税的几率是很低的。许多担忧是没有必要的。这是本律师事务所的看法, 不代表美国政府立场。 如果有什么疑问,欢迎来电垂询。 电话号码是9548925517。 

Monday, January 20, 2014


很多企业家移民后, 通过把原来海外的业务扩大到美国, 或重新开始新的公司来开始他们的美国生活。进出口业务是自然的选择。如果你做了如此的选择, 商标是一个必须要优先考虑的问题。 


如果你进口的货物的商标和已经登记注册的其他商标相同或相似到会造成混淆 ,你的整个货物将被查封和没收。任何指导,协助或教唆该货物进口的人会受到等于商品原来的价值的罚款。海关政策不会因为当时人声称不知道而区别对待。

如果您的货物恰巧通过了海关, 已经在美国出售, 你不能说是自己就安全了。 如果其他商标持有人在联邦法庭证明该侵权使用很可能会迷惑消费者, 致使其遭受了经济上损失,您要负责赔偿该损失。 如果法院认定你是故意复制他人的商标,或者至少应该知道他人的商标,你还要放弃因使用该商标而获得的利润,支付罚款和对方的律师费。

因此,怎样强调在你开始销售之前,做好商标的调查研究和在美国注册商标的重要性都不会为过。 与往常一样,我们的服务离你是一个电话的距离。如有需要,欢迎致电我们:954-892, 5517。


Many immigrant entrepreneurs start their US life by expanding their foreign businesses to US or establishing a new business with their connection. Import and Export business is natural choice for them. If this is the case for you, trademark is one must aspect of business to get yourself familiar with. 

What is Trademark?

Trademark is any word, symbol device or combination thereof used in connection with a product and service to help consumers identify that product or service as different from those of others. For example, when you hear people say Nike, you believe of shoes, shirts and sports apparel. Or the Apple  products are differentiated from the others by the sign of bitten apple.

If trademark of imported goods is identical or confusingly similar to those recorded with US customs and enforcement, your entire goods are subject to seizure and forfeiture. Any person who ““directs, assists financially or otherwise,
or aids or abets the importation of goods is subject to a civil fine equal to the value of the merchandise had it been original. Customs policy does not discriminate between knowing and unknowing importers for the purpose of assessment of a fine. 

If your goods happen to pass the customs and are sold in US, if other trademark holders can prove in federal court that the infringing use is likely to confuse consumers and that the business has suffered economically as a result of the infringement, you may have to pay them money damages based on the loss.

If the court finds that you intentionally copied the trademark, or at least should have known about the existing trademark, you may have to give up the profits you made by using the mark as well as pay other damages, such as punitive damages, fines, or attorney fees.

Therefore, it can’t be stressed enough to set the record straight on trademark issue before you start your sales work, which means run your research and register your own trademark with US Trademark Office. 

As always, we are one phone call away. Dial 954 892 5517 and ask for Attorney Linda Liang for further assistance!

Tuesday, January 14, 2014

Do you need a lawyer for H1B Visa Petition?

H1B is well-known way to start a life in USA after school. while H1B season is around the corner, more new graduates are looking into DIY tips for H1B. This article tends to provide some tips of this sort yet will arrive at the conclusion that H1B is not as easy as other people say and a professional help is must. 

The H-1B visa category is for noncitizens who will work in the United States in a "specialty occupation," The "specialty occupation" refers to jobs for which the usual requirement is a U.S. bachelor's degree or the equivalent in a specific field and for which the foreign national employee has a relevant degree or the equivalent. There is a cap of 85,000 visas for first-time applicants each federal fiscal year, which runs October 1 to September 30.

Other features of H1B include that the employer must pay the H-1B employee the higher of the actual wage or prevailing wage and When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. As long as the H-1B petition remains in effect, the employer must pay the worker's wages.

The requirements are straight forward, However, the burden of proof is on the petitioner and the burden is nothing but light. For jobs such as accounting, engineering, and many information technology professions, it's clear that the applicant needs a specific bachelor's degree to get the job. For other jobs, it's less clear. For example, marketing and sales jobs often present challenges in the H-1B visa category, because employers typically accept a wide range of degrees. For example, Sales Representatives might have degrees in business, marketing, psychology, history, communications, political science or other fields. This makes it difficult to demonstrate that a specific bachelor's degree is required.

It takes great knowledge of inner training of USCIS to understand how to be persuasive to prove this aspect of requirements alone, needless to say, when any minor complication is involved, an experienced immigration lawyer’s help is absolutely necessary. You are welcome to contact us at 954 892 5517 if you have any questions.