Remember the Musk factor. How many ICE officers are Muskrats?
All fair points! Forgive me if I suggested that losing your H1B is no big deal. It’s definitely a stressful hassle. However it’s not so dire as Xu says in her tweet above. That’s all I was trying to say.
+1000 internets to you for this term. Have not heard this one before.
Too bad most of those H1B workers don’t have the benefit of White male privilege; that alone negates a lot of consideration from Musk and his ilk.
When Courts Will Pierce the Corporate Veil
Courts might pierce the corporate veil and impose personal liability on officers, directors, shareholders, or members when all of the following are true.
- There is no real separation between the company and its owners. If the owners fail to maintain a formal legal separation between their business and their personal financial affairs, a court could find that the corporation or LLC is really just a sham (the owners’ alter ego) and that the owners are personally operating the business as if the corporation or LLC didn’t exist. For instance, if the owner pays personal bills from the business checking account or ignores the legal formalities that a corporation or LLC must follow (for example, by making important corporate or LLC decisions without recording them in minutes of a meeting), a court could decide that the owner isn’t entitled to the limited liability that the corporate business structure would ordinarily provide.
- The company’s actions were wrongful or fraudulent. If the owner(s) recklessly borrowed and lost money, made business deals knowing the business couldn’t pay the invoices, or otherwise acted recklessly or dishonestly, a court could find financial fraud was perpetrated and that the limited liability protection shouldn’t apply.
- The company’s creditors suffered an unjust cost. If someone who did business with the company is left with unpaid bills or an unpaid court judgment and the above factors are present, a court will try to correct this unfairness by piercing the veil.
Factors Courts Consider in Piercing the Corporate Veil
The most common factors that courts consider in determining whether to pierce the corporate veil are:
- whether the corporation or LLC engaged in fraudulent behavior
- whether the corporation or LLC failed to follow corporate formalities
- whether the corporation or LLC was inadequately capitalized (if the corporation never had enough funds to operate, it was not really a separate entity that could stand on its own), and
- whether one person or a small group of closely related people were in complete control of the corporation or LLC.
It all smells very musky.
What’s the rationale for making someone fly back to their home country? It just seems like wasteful bureaucracy.
We recently hired someone with the requisite knowledge and training we needed (he was already in the US finishing a postdoctoral position), but had to wait for him to get an appointment at a consulate in his home country, then fly there and come back within days before he could start working for us.
How does this procedure help or protect anyone?
It helps protect the fee-fees of white HS graduates in Ameristan who believe that the jobs to which they’re entitled are being stolen by furriners.
It doesn’t. But that seems to be the point.
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