Thursday, December 26, 2019

Definition of Petitioner in Immigration Law

In U.S. immigration law, a petitioner is someone who submits a request on behalf of a foreign national to U.S. Citizenship and Immigration Services  (USCIS), which, upon approval, allows the foreign national to submit an official visa application. The petitioner must be either an immediate relative (a U.S. citizen or legal permanent resident) or a prospective employer. The foreign national on behalf of whom the initial request is submitted is known as the beneficiary. For example, a man, a U.S. citizen, has submitted a petition to USCIS to allow his German wife to come to the United States to live permanently. In the application, the husband is listed as the petitioner and his wife is listed as the beneficiary. Key Takeaways: Immigration Petitioner †¢ A petitioner is someone who submits a request on behalf of a foreign national who wishes to immigrate to the United States. The foreign national is known as the beneficiary.†¢ Petitions for foreign relatives are made using Form I-130, and petitions for foreign workers are made using Form I-140.†¢ Because of green card quotas, petition processing can take anywhere from several months to several years. Petition Forms In U.S. immigration law, there are two forms used by USCIS for petitioners to submit on behalf of foreign nationals. If the petitioner is a relative of the foreign national, Form I-130, Petition for Alien Relative needs to be completed. This form asks for information used to establish the relationship between the petitioner and the beneficiary, including information about the petitioners parents, spouse(s), place of birth, current address, employment history, and more. If the petitioner is submitting a petition on behalf of a spouse, Form I-130A, Supplemental Information for Spouse Beneficiary must be filled out. If the petitioner is a prospective employer of the foreign national, they should complete Form I-140, Immigrant Petition for Alien Workers. This form asks for information about the beneficiarys skills, last arrival in the United States, place of birth, current address, and more. It also asks for information about the petitioners business and the beneficiarys proposed employment. Once one of these forms has been completed, the petitioner should mail it to the appropriate address (there are separate filing instructions for Form I-130 and Form I-140). To complete this process, the petitioner must also submit a filing fee (as of 2018, the fee is $535 for Form I-130 and $700 for Form I-140). Approval Process Once a petitioner has submitted a request, the document is a reviewed by a USCIS official known as an adjudicator. Forms are reviewed on a first-come, first served basis and can take anywhere from several months to several years to process. Because of U.S. quotas on the number of green cards that can be granted each year, Form I-130 processing times vary based on the relationship between the petitioner and the beneficiary. Some immediate relatives, for example—including spouses, parents, and children under 21—are given preference over siblings and adult children. Processing times for the latter can last as long as 10 years. Once a petition is approved, the qualifying foreign national may apply for permanent residency status by submitting Form I-485. This document asks for information about the place of birth, current address, recent immigration history, criminal history, and more. Immigrants who are already in the United States may apply for adjustment of status, while those outside the United States may apply for a green card through the U.S. embassy. If a foreign national is applying for an employment-based visa, they must complete the labor certification process, which is done through the Department of Labor. Once this is complete, the foreign national may apply for a visa. Additional Information About 50,000 visas are available each year through the Green Card Lottery. The lottery has certain entry requirements; for example, applicants must live in a qualifying country, and they must have at least a high school education or two years of work experience. Once a foreign national has been approved and becomes a lawful permanent resident, they have certain rights. These include the right to live and work anywhere in the United States and the guarantee of equal protection under United States law. Lawful permanent residents also have certain responsibilities, including the requirement to report their income to the IRS. Male lawful permanent residents between the ages of 18 and 25 must also register for the Selective Service.

Tuesday, December 17, 2019

Importance of Blood Donation Essay - 709 Words

I want to talk to you about the importance of donating blood. Some of you may know a friend or even a family member who has received blood at some time. I for one have received blood and I often wonder who took the time to donate it. According to the Journal of American Medical Association, it is noted that just 1 pint of blood can save three lives. Why You Should Give Giving blood does not just benefit recipients. Regardless of age, donating blood offers many benefits for donors. It lets you: time-consuming tests. Then, it must be used relatively quickly or it will perish-whole blood for instance, according to the American Red Cross, is no longer usable after 42 days. As a result, maintaining an adequate blood supply is a†¦show more content†¦They include: * cancer patients * sickle cell patients * leukemia patients * premature infants * hemophilia patients * surgery patients * accident victims * burn and trauma victims These are important reasons to donate!!!!!!!!!!!!!! What is the criteria to be a blood donor? A donor must: †¢ Be at least 17 years old. †¢ Weigh at least 110 lbs. †¢ Be free of major cold, flu and allergy symptoms. †¢ Not have had hepatitis after age 11. †¢ Not have had any risk factors or behaviors associated with HIV/AIDS. Reasons for not being able to donate: †¢ Hepatitis after age 11 †¢ IV Drug User (even one time) †¢ Certain obstructive lung disorders †¢ Certain liver disorders †¢ Persons who have taken Tegison for psoriasis †¢ Persons who have taken human-derived pituitary growth hormone †¢ Persons with symptoms or laboratory evidence of AIDS or who are considered to have an increased risk for contracting AIDS ï‚ § Suffering from anemia Remember 1 pint of blood can save up to 3 lives. You can contact the local Red Cross centers to donate blood or there are always bloodmobiles in the area-seeking donors. Therefore, I encourage you to give the Gift of Life †¢ If you are like most people, you have a gift that you can keep on giving. Since you can spare it, why not share it†¦regularly. In addition, encourage your family and friends. After all, you never know when you or someone you love could use it. Speaking for myself as well as others who has receivedShow MoreRelatedCause and Effect Analysis: Advertising for Blood Donation1188 Words   |  5 Pageseffects of advertising for blood donation Introduction To encourage people to donate blood, there is need to advertise and make people understand the effects of blood donation. Advertising encourages people to donate blood and can also be used as a reminder. Donating blood ensures that there is enough blood in the blood banks, in case of an emergency blood requirement. Showing people that by them donating blood they could be saving a life will encourage people to donate blood more frequently. 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This topic, however, is a big controversy among many people, especially families. Several articles, magazines, and previous research articles all share what organ donation really is and why it is important. By being a donor, you can save many lives in the end. My goal for this paper is to bring forth the importance of organ donation. Reasons toRead MoreDonating Blood Saves Lives. The Canadian Blood Services1592 Words   |  7 PagesDonating blood saves lives. The Canadian Blood Services was established in 1988, and is the regulator and collector of blood donations across the country to be used for surgeries, leukemia treatment, accidents, and anemia to name a few (Canadian Blood Services, 2017g, CBC News, 2013). Under the Canadian Blood Services they have strict guidelines as to who can donate, and how often which is continuously changing to ensure safety of both donors and potential recipients. However, over the past numberRead MoreThe Australian Red Cross Blood Service1030 Words   |  5 PagesRed Cross Blood Service (ARCBS) is a part of the International Red Cross that seeks donations of two varieties for assistance in medical treatments namely cash and blood. The image that I have chosen is an ad print published by the ARCBS with assistance from a reputed ad agency MC Saatchi. The advertisement proposes that though one of the two means of the donations is not familiar among the crowd, it is equally important as the other and tries to attract the readers towards blood donation. The overallRead MoreThe Medical Technician On The Ambulance977 Words   |  4 Pagesthe American Red Cross website, by donating blood, you can save up to three lives! Going into Occupational Therapy, I work with many patients who have undergone traumatic injury. Many of them would not be here today if it weren’t for blood transfusions. I know the importance of donating blood and today, I would like to inform you about blood donation and convince you to donate blood before the summer comes to an end. I will tell you how donating blood can benefit the recipient, explain what is inRead MoreThe Importance of Donating Blood1437 Words   |  6 PagesThe Importance of Donating Blood ATTENTION: I’d like to ask you to completely clear your mind for a moment. Now, imagine your father has just suffered a heart attack and must undergo open-heart surgery in order to repair the damage. Imagine your little nephew or niece was born with a heart defect and required daily transfusions of blood in order to have a chance at survival. Imagine your best friend has just been diagnosed with leukemia, a disease requiring regular transfusions of platelets. TheseRead MoreBusiness Ethics1142 Words   |  5 PagesFerrell amp; Faedrich (2010), a commitment by the organization to goodwill and respect for its employees usually increases the employees’ loyalty to the organization. The misconduct by executives, slow responses to disasters, money mismanagement, and donation mismanagement issues caused a division between the organization and its employees, investors, customers, and bottom line. The unethical behavior at American Red Cross (ARC) does not impact employee commitment, h owever, it does enhance productivity

Monday, December 9, 2019

Legal Aspects of a Joint Venture in Australia-Samples for Students

Question: Define a mining joint venture. What is the legal definition of a joint venture. What forms can a joint venture take. What are the legal aspects of a joint ventute in Australia. Answer: Mining Joint Venture Mining Joint Venture can be defined as the joint venture agreements used for the purpose of exploring and developing the mining sites by the joint venture partners. It is one of the most popular forms for small minors for raising funds for developing green and brownfield mining projects[1]. Mining joint ventures requires the incoming party to farm- in along with making the payment of pre- agreed exploration expenditure for its ownership interest. It provides the owner of the mining tenements with expertise, valuable capital along with guaranteed market for products in few cases[2]. Nowadays, the falling prices of the commodities, lack of competitive finance along with the sufferings of mining companies from high levels of debt has resulted in the financial struggle for the mining companies. However, in order to fight with non- availability of credit and high costs, joint ventures are considered by the miners for the purpose of developing the projects[3]. In case of incorporated joint venture, the project is undertaken by an association of participants for a separate legal entity. Therefore, all the characteristics of an incorporated entity are born by incorporated joint venture. The participants of the joint venture i.e. the shareholders, receive dividends as a result of sale of the mining products and not from the sale of the product itself. In the same way, unincorporated joint venture is based on the contractual relationship among the participants of the joint venture. No separate legal identity is possessed by an unincorporated joint venture. Only some of the mining expenditures are offered tax deductibility along with the potential for the offsetting of tax losses against assessable income in the starting stages of mining. Legal Definition of a Joint Venture A joint venture can be defined as a legal organization in which transactions are undertaken by persons jointly for mutual profit where such an organization is in the form of short term partnership[4]. In case of a joint venture, each person is responsible for the purpose of contributing towards the assets along with the sharing of risks. The persons involved in a joint venture can be companies, corporations, individuals and even group of individuals. All the types of business transactions are involved in a joint venture just like in the case of partnerships. Entrance into the foreign markets are gained by the companies by entering into joint ventures with the domestic companies already present in those markets where the foreign companies are planning to enter. New technologies and business practices are generally brought about by the foreign companies into the joint venture[5]. At the same time, the domestic companies make the use of its already established relationships and the requ ired governmental documents. The existence of a joint venture is for a limited period typically for 5- 7 years. It enables the organizations to share all the costs and risks thereby making it an attractive option. The companies are provided with opportunities for the purpose of obtaining new capacity and expertise thereby resulting in the development of new products. Specific projects are kept in mind before creating joint ventures and are dissolved once the purpose for which it is created is completed. Exposure to complete legal liability is faced by the members of the joint venture. Joint ventures are treated in the same way partnerships are treated for the purpose of federal income tax[6]. Legal procedures are required to be completed for the formation of joint ventures by creating a joint venture agreement, memorandum of understanding, obtaining regulatory approval and other ancillary agreements. Forms of Joint Venture A joint venture can take any of the three forms. The form of joint venture is dependent upon the objectives to be achieved by the business through the joint venture. Following are the common forms of joint venture: Limited Co- operation- when one business co- operate with other business in a specific and limited way then it is known as limited co- operation. For example, the new products of a small business can be sold by utilizing the larger distribution network of a company. The terms and conditions of a contract can be agreed upon by the two partners regarding the working of the joint venture. Separate Joint Venture Business- In case of a separate joint venture business, new company is established for the purpose of handling a particular contract. Such a joint venture company works as a very flexible option. The shares are held by all the partners in the company and its management is agreed upon by all of them. Business Partnerships- in some cases, limited company may not proof to be a suitable option while the other options appear to be favorable. Limited liability partnerships or business partnerships can be formed. Even decision regarding the merging of two businesses can proof to be a good option. Therefore, selection regarding the right form of business is essential for the purpose of managing the business along with the associated risks. The selection is based on the desire for getting involved in the management of the business. The identification of the suitable option should be made by obtaining appropriate legal advice[7]. Such legal advice assists in identifying the ways of running business along with the sharing of profits and taxation. Legal Aspects of a Joint Venture in Australia In Australia, there is no specific law that governs the Joint Ventures. Therefore, the joint ventures are subject to a mixture of general rules and legislation of law with regard to the contract and agency law, corporate law, commercial and trade law, competition, taxation and other regulatory aspects[8]. There is no settled meaning of the term joint venture in the Australian law, however, the term has been defined in some Commonwealth statutes. Joint venture can be briefly defined as a commercial arrangement among economically independent entities which executes the business undertaking by taking a number of legal forms. All the corporate laws of Australia are applicable to the incorporated joint ventures including Corporations Act 2001, Competition and Consumer Act 2010, Foreign Acquisitions and Takeovers Act 1975, Australian Securities and Investments Commissions Act 2001 and Listing rules of the Australian Securities Exchange (ASX Listing Rules). Corporate and contractual joint ventures can be used depending upon the legal, commercial and taxation requirements of the participants. Australian Joint Venture projects can obtain foreign participation by making the participants notify FIRB in case of certain transactions thereby obtaining clearance before proceeding further. The legality and enforceability of some anti- competitive provisions creates some issues, for example, primary and secondary boycotting requirements/ provisions and joint marketing. Unless the clauses regarding joint decisions on acquisition, price or output are permitted under the Competition and Consumer Act 2010 (CCA) or otherwise authorized by the Australian Competition and Consumer Commission (ACCC), they are strictly illegal. The defenses for the conduct of joint venture are provided by CCA but the joint venture clause is required to comply with the requirements of defense[9]. The directors are appointed in the joint venture company for the purpose of representing the interests of the participants. This leads to the legal requirement for the nominee directors to act in the interests of the company as a whole and not in the interests of their nominator. Moreover, the termination of a corporate joint venture includes the circumstances and manner covered in detail in the joint venture shareholders agreement. Cessation of the business and the winding up of the joint venture company is not included in the termination of joint venture[10]. Bibliography Australasian Legal Information Institute, Joint Ventures, https://www5.austlii.edu.au/au/journals/AURELawJl/2003/52.pdf Charltons, Mining Joint Venture Agreements, https://charltonsnaturalresources.com/en/joint-venture-agreements Jaenickle, A Joint Venture Agreement for Seabed Mining (Springer Science Business Media, 2013) Giamatteo Nunziante, Joint Ventures (Sweet Maxwell, 2012) Legal Vision, What Are The Legal Considerations For A Joint Venture?, (15 September 2015) https://legalvision.com.au/legal-considerations-for-a-joint-venture/ Luis Morals, Joint Ventures and EU Competition Law (Bloomsbury Publishing, 2013) Not-for-profit Law, Joint Ventures and Partnerships, https://www.nfplaw.org.au/partnerships Practical Law, Joint ventures in Australia: overview , https://uk.practicallaw.thomsonreuters.com/0-616-8149?transitionType=DefaultcontextData=(sc.Default)firstPage=truebhcp=1 Richard W. Roeder, Foreign Mining Investment Law: The Cases of Australia, South Africa and Colombia (Springer, 2016) WD Duncan, Joint Ventures Law in Australia: 3rd Edition (Federation Press, 2012) Charltons, Mining Joint Venture Agreements, https://charltonsnaturalresources.com/en/joint-venture-agreements. Richard W. Roeder, Foreign Mining Investment Law: The Cases of Australia, South Africa and Colombia (Springer, 2016) 37. G. Jaenickle, A Joint Venture Agreement for Seabed Mining (Springer Science Business Media, 2013) 36. WD Duncan, Joint Ventures Law in Australia: 3rd Edition (Federation Press, 2012) 2. Australasian Legal Information Institute, Joint Ventures, https://www5.austlii.edu.au/au/journals/AURELawJl/2003/52.pdf. Not-for-profit Law, Joint Ventures and Partnerships, https://www.nfplaw.org.au/partnerships. Legal Vision, What Are The Legal Considerations For A Joint Venture?, (15 September 2015) https://legalvision.com.au/legal-considerations-for-a-joint-venture/. Giamatteo Nunziante, Joint Ventures (Sweet Maxwell, 2012) 15. Practical Law, Joint ventures in Australia: overview , https://uk.practicallaw.thomsonreuters.com/0-616-8149?transitionType=DefaultcontextData=(sc.Default)firstPage=truebhcp=1

Monday, December 2, 2019

Public Smoking Bans in the Us Essay Example Essay Example

Public Smoking Bans in the Us Essay Example Paper Public Smoking Bans in the Us Essay Introduction Date: 5/6/12 To: From: RE: Argumentative Essay Public Smoking Bans in the US Introduction: In the United States, for every eight smokers that die from tobacco use, one non-smoker dies as well (Clarke 2010). In recent years, a growing awareness of the deadly effects of smoking has led to the enactment of tobacco control policies throughout the industrialized world. Tobacco use is the leading cause of preventable death worldwide (Jones 2009) estimating that one billion people are expected to die during the 21st century as a result of tobacco-related disease†(Cole 2012).Secondhand smoke (SHS) contains hundreds of toxic chemicals and is linked to cause cancer, coronary heart disease, and respiratory problems. Innocent individuals of all ages should not be impacted by the poor choices of smokers around them. After all, there is no risk-free level of exposure to someone else’s drifting smoke. The debate on smoking bans has rose significantly in the pass two decades. There are two types of bans, partial and full smoking bans. Full bans make it illegal to smoke in any public area.Although smoking is seen to be a personal right to many Americans, smoking should be banned in all public places. As a result the ban will overall reduce health risks, change smoking behavior in workplaces and improve the economy. Reducing SHS, Health Benefits: First, enforcing a public smoking ban decreases exposure to second-hand smoke, reducing the many health risks associated with smoking. Levels of SHS are found to significantly drop in public smoking places following the implementation of public smoking bans.Maria Lopez conducted a before and after study on the health of workplaces and hospitality venues from eight regions of Spain. Repeated samples of vapor-phase nicotine concentration were taken in 398 premises including private offices (162), public administration offices (90), university premises (43), bars and restaurants (79), and pubs (24). Second-hand smoke levels we re significantly reduced in indoor offices. The median nicotine concentration decreased by 60. 0% in public premises and by 97. 4% in private workplaces. A major reduction (96. %) also occurred in bars and restaurants that became smoke-free (Lopez 2008). Second-hand smoke is associated with a 30% increase in risk of acute myocardial infarction (AMI). Further research is shown by David Myers, who performed a systematic review and meta-analysis to determine the association between public smoking bans and risk for hospital admission for acute myocardial infraction (AMI). This meta-analysis of eleven studies in ten locations suggests that that community smoking bans are associated with an overall 17% reduction in risk of AMI over a two-year post ban analysis (Myers 2009). According to projections, a nationwide ban on public smoking could prevent as many as 152,000 heart attacks each year† (Jones 2009). In addition to Lopez and Myers, Giulia Cesaroni and Francesco Forastiere analyz ed acute coronary events (out-of-hospital deaths and hospital admissions) between 2004 and 2009 from Rome city residents 35 to 74 years of age. They found a statistically significant reduction in acute coronary events in the adult population after the smoking ban. Results showed 11. 2% fewer acute coronary events in the 35- to 64-year-old population and 7. % fewer in 65- to 74-year-old) than in previous years (Cesaroni, Forastiere 2010). Smoking bans not only protect non-smokers from the dangers of passive smoking, they also encourage workers to quit or reduce their consumption. Behavior of Smokers: Smoking behavior particularly in hospitality venues would change from public smoking bans. Public smoking bans discourage active smoking by employees, making it difficult for them to find a legal place to smoke other then their home. Public smoking bans will cause more hostility towards smoking of as time goes on, thus putting pressure on smokers.Because smokers are unable to smoke in pu blic places, they will learn how to live without smoking a cigarette for long hours. Moreover, when a smoker does not see anybody around him smoking or smelling of cigarette, it might reduce his urge to smoke too. Many studies have indicated significant changes in smoking behavior after the implementation of a full public smoking ban. According to Caroline Fitchenberg, her 26 studies on the effects of smoke-free workplaces in the United States, Australia, Canada and Germany indicated a eduction in total cigarette consumption per employee by 29% with a reduction in absolute prevalence of 3. 8% (Fitchenberg, 2008). Totally smoke-free workplaces had about twice the effect on consumption and prevalence as policies that allowed smoking in some areas. In addition to Fitchenberg, Nadia Fathallah studied the smoking behavior of 607 nurses in the South of France three years after the implementation of a smoke-free workplace law. By analyzing a questionnaire three years after the ban, self-re ported tobacco consumption decreased for 131 of 183 smokers.Among the 131 nurses who decreased tobacco consumption, 63 reported that they had reduced consumption by half or more (Fathallah 2012). The results in these findings indicate that public smoking bans would decrease tobacco consumption in workplaces and increase workers desire to quit smoking. Tobacco-free workplace policies and decreasing the numbers of employees who model tobacco-use behavior will also reduce tobacco use initiation among employees and, in addition, may influence tobacco-use behavior in employee’s families.However, it is argued that that smoking bans will increase smoking consumption in private settings such as vehicles and homes. Studies show that public smoking bans change the behavior of smokers in private settings, thus decreasing rates of current smokers and decreasing exposure to SHS in private settings. Alisa Naiman found that exposures in both vehicles and at home decreased following public s moking bans in Canada (Naiman 2011). Her results are consistent with the results of a survey in Scotland, which found no increase in SHS exposure among children after the implementation of a public smoking ban (Okhtar 2007).In summary of these studies, public smoking bans have a great impact on the smoking behavior of workers and also show changes among smokers behavior in private settings. Therefore, implementation of public smoking bans should be enforced to change smoking behavior of current smokers in the workplace. Improve Economy: Finally, public smoking bans will improve the economy by reducing health care costs, increasing work productivity and saving many lives. Tobacco use is responsible for at least $96 billion per year in direct medical costs and an estimated $96. billion per year in lost productivity due to sickness and premature death (Campbell 2009). After analyzing data from the 13 states that don’t have a law banning smoking in public places, researchers conc luded that more than 18,596 fewer hospitalizations for heart attack could be realized from a smoking ban in all 50 states after the first year of implementation, resulting in more than $92 million in savings in hospitals costs for caring for those patients (Jones 2009). In addition to reducing health costs, public smoking bans also increase work productivity.Because smoking contributes to a variety of diseases among both smokers and non-smokers, it leads to absenteeism from work. Moreover, workers that smoke tend to take frequent smoking breaks, thus reducing the time put in their work. Together these effects incur the equivalent of $1 billion loss in productivity, accounting for 0. 36% of total gross domestic product in Taiwan. The time men and women spent taking smoking breaks amounted to nine days per year and six days per year, respectively, resulting in reduced output productivity losses of $733 million (Tsai 2008).Consequentially, implementing public smoking bans will result i n an increase of work productivity and healthy atmosphere thus improving the economy. Personal Right: The most controversial argument towards implementing public smoking bans is that smoking is that government is interfering with personal lifestyle and property rights. President Calvin Coolidge once said, â€Å"†Ultimately property rights and personal rights are the same thing. † Property rights are often overlooked at the expense of what is perceived to be the â€Å"greater good. A true respect for property rights requires that business owners be free to make decisions on their own (Nothdurft 2008). The Constitution does not explicitly reference a right to smoke, so any claim to a right to smoke will fall under the auspices of another constitutional right (Crotty 2011). Majority of businesses and some have found it advantageous to offer smoke-free environments for their customers and employees (Hauri 2011). Introducing smoking bans makes pubs, bars and restaurants mor e attractive places bringing in customers and increases business, rather than decreasing it.With the use of substances comes the responsibility to respect other people’s health. Banning smoking in public places is restoring the freedom of the majority the freedom to not inhale other people’s smoke; therefore government has the right to enforce a full smoking ban upon public places. Conclusion: Whether or not to enforce a public smoking ban is a frequently debated issue today. Even though a national public smoking ban seems to invade the personal rights of many, having the ability to significantly reduce health risks caused by smoking exceeds the importance of a smoker being allowed to smoke in public places.Proven by research in other countries and certain states, public smoking bans result in numerous health benefits, changes in smoking behaviors in the workplace and improves the economy. Being aware of the consequences from being around smoking is crucial for all Ame ricans. A national public smoking ban is not yet enforced, while certain states have applied a smoking ban, only few have a full public smoking ban. We must spread the word by sending letters to the legislative branch of the US government to voice our desire of public smoking bans.Without public smoking bans, the trend of diseases and deaths caused by smoking will continue, resulting in millions of deaths each year. Public Smoking Bans in the Us Essay Thank you for reading this Sample!