USCIS Revises Q&A re Jan. 8, 2010 Neufeld Memo on H-1B Employee-Employer Relationship
Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions; Published Jan. 13, 2010; revised Aug. 2, 2011 and March 12, 2012.
Business Immigration Law E-BLAST:
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Employment Law - Employer Articles
An employer generally may not take an adverse action against an employee (such as by firing, demotion, or suspension) because the employee reported a suspected violation of the law or other misconduct by the employer. Such employees are popularly known as "whistleblowers," and are protected by a number of federal laws.
What is National Origin Discrimination?
National origin discrimination occurs when an individual is denied equal employment opportunities because of their ethnicity, their ancestor's ethnicity, their appearance, their accent or their perceived ethnic background. Federal law, including Title VII of the Civil Rights Act of 1964 and the Immigration Reform and Control Act, prohibits employers from discriminating against employees based on their national origin in employment decisions, including hiring, termination, promotions, transfers, trainings, lay-offs and assignments.
Immigration Law Case Summaries
[06/24] Blackman v. Holder
Petition for review of a BIA decision affirming an order that Panama-native petitioner be removed is denied where the description of deportation as a "penalty" in Padilla v. Kentucky,559 U.S. 356 (2010), does not alter the longstanding notion that removal is non-punitive and thus does not implicate the Eighth Amendment's prohibition on cruel and unusual punishment or related constitutional protection.
Employment Law - Employer Frequently Asked Questions
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