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.
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Employment Law - Employer Articles
Employee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA) was enacted in 1974. The act does not require that an employer offer any particular benefits to employees, but instead governs how employee benefit and welfare programs, once offered by an employer, must be managed. In essence, an employer who decides to provide employees with "funded" benefits or who requires contributions from employees assumes a host of new responsibilities under the law. ERISA is jointly administered by the Employee Benefits Security Administration of the Department of Labor and the Internal Revenue Service, and applies to pension plans, health insurance, disability benefits, death benefits, pre-paid legal services, vacation benefits, day care centers, scholarship funds, apprenticeships, and training benefits, where offered by an employer.
What Laws Protect Against Sexual Orientation Discrimination?
Private employers seeking to learn more about their obligations to prevent discrimination against individuals based on their sexual orientation should look to the law of their specific jurisdictions. There are few federal legal protections against this type of employment discrimination.
Immigration Law Case Summaries
[11/19] Cervantes v. Holder
Petition for review of a Board of Immigration Appeals (BIA) decision finding petitioner inadmissible based on his convictions for two crimes involving moral turpitude (CIMTs), and finding him ineligible for an extreme hardship waiver or petty offense exception, is granted, where: 1) although the BIA correctly concluded that petitioner's conviction for threatening to commit a crime resulting in death or great bodily injury is a CIMT, the BIA erred in concluding that petitioner was convicted of spousal abuse by looking to evidence outside of the record of conviction; 2) under In re Rotimi, the time an alien spends in the United States awaiting approval of an adjustment application does not count towards INA section 212(h)'s lawful residency requirement, so petitioner is ineligible for an extreme hardship waiver; and 3) petitioner does not qualify for the petty offense exception.
Employment Law - Employer Frequently Asked Questions
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