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      State Law & Immigration Status

      How a State Disposition Reads to a Federal Adjudicator

      State criminal dispositions are recorded for state purposes, in state terminology, by clerks working to state requirements. A federal adjudicator reading the same record applies federal definitions to it, and needs facts the state record was never designed to capture: the statute and subsection of conviction, the elements the plea admitted, the sentence imposed as distinct from the sentence served, and whether any modification was for a legal defect or for equitable reasons.

      7 min readFederal and state

      License Portability & Compacts

      How an Interstate Licensure Compact Works

      An interstate compact is a contract among states given effect by identical legislation in each. Licensure compacts create an administrative body — a commission composed of delegates from member states — with authority to adopt binding rules, collect fees and operate a coordinated data system recording licenses, privileges and adverse actions. Member states retain their own boards and their own standards of practice, and agree to recognize licensees of other members on defined conditions.

      6 min readAcross state lines

      Working in Two States

      How Far a Non-Compete Travels

      Non-compete enforceability varies more between states than almost any other employment question, and the clause's own choice of law and forum is frequently overridden. Courts asked to apply another state's law to a covenant restricting work in their own state will decline where doing so would offend a fundamental local policy, and several states have legislated specifically to void out-of-state choice-of-law and forum clauses for their residents.

      7 min readAcross state lines

      State Law & Immigration Status

      Information a State Shares With Federal Databases

      There is no single pipe connecting state government to federal immigration authorities. What exists is a set of purpose-built channels: criminal history repositories that feed the national fingerprint system, court disposition reporting into those repositories, driver and vehicle systems that share defined data among states and with some federal users, and verification services that answer status queries put to them.

      7 min readFederal and state

      Residence & Domicile

      Keeping Two Homes Without Keeping Two Domiciles

      A person may own or rent homes in several states without difficulty; the law simply insists that one of them is the domicile. Where the split is genuine, the analysis looks for the center of the person's life: the larger and more permanent home, where the household goods and family are, where professional and social connections sit, and where the formal records point.

      7 min readState law

      State Law & Immigration Status

      Losing In-State Status by Moving Away

      Once a resident classification is granted, institutions rarely revisit it unless something prompts them, and the prompts are mostly administrative. A leave of absence, a semester spent elsewhere, an address changed in the student record, a parent's relocation for a dependent student, or a lapse in the periodic undertaking each puts the classification back in play.

      7 min readState law

      License Portability & Compacts

      Military Spouse Licensing Provisions

      Military spouses face a structural problem: relocations every few years, each requiring a new state license under ordinary rules. Federal law now provides for portability of certain licenses for spouses relocating on orders, and nearly every state has enacted its own provision — expedited endorsement, a temporary permit while an application is processed, or in a growing number of states recognition of a current out-of-state license without a new application.

      7 min readFederal and state

      Custody & Support Across States

      Modifying Support After Both Parents Move

      A state other than the issuing state may modify a child support order only where two conditions are met. Nobody — neither parent nor the child — may still reside in the issuing state, and the party seeking modification must be a non-resident of the state being asked to act, with the respondent subject to that state's personal jurisdiction. The effect is that a parent seeking a change files where the other parent lives.

      7 min readAcross state lines

      Working in Two States

      Notice Requirements That Follow the Employee

      Employers owe employees a set of informational obligations that attach to the state where the employee works: mandatory workplace postings, written wage notices at hire and on change, prescribed pay statement contents, and notices about specific programs such as paid leave and sick time. Remote work has forced states to accept electronic delivery for postings, but the substance remains.

      7 min readState law

      State Law & Immigration Status

      Occupational Licensing After a Change of Status

      A change of immigration category — from a temporary work document to permanent residence, from one nonimmigrant category to another, or from a pending application to a grant — has no automatic effect on a professional license. Boards act on notification, not on federal data. Where the change lengthens the underlying document the licensee gains nothing until they ask; where it shortens or interrupts it, the board may not discover the position until renewal.

      7 min readState law

      Tax Residency & Nexus

      Opening a Sales Tax Account in a Second State

      Once a business has nexus in a state, it must register before collecting, determine the correct combined state and local rate for each transaction, decide taxability for its own products, obtain and retain exemption certificates for untaxed sales, and file returns on the schedule the state assigns. Filing is required for every period even where no sales occurred.

      7 min readState law

      Tax Residency & Nexus

      Part-Year and Non-Resident Returns Compared

      A part-year resident return is filed by someone who was a resident of a state for part of the tax year, and it reports all income earned during the period of residency plus any income sourced to that state during the rest of the year. A non-resident return is filed by someone who was never a resident but earned income sourced there. In a year when a person moves, two part-year returns are usually correct.

      7 min readState law