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:
- APPLY NOW?: DHS Announces Pre-Travel Authorization Program for U.S.-Bound Travelers from Visa Waiver Countries
- USCIS Reaches H-1B (Non-Advanced Degree) Cap for FY 2007
- Social Security No-Match Letter Process Gets An Overhaul
- [02/26] Obama says he would veto stand-alone immigration repeal
- [02/26] Confident Obama predicts success in immigration appeal
- [02/26] Stiff sentence sought for Chicago woman in immigration case
- [02/17] Federal judge stalls Obama's executive action on immigration
- [02/12] Texas National Guard wants 'predictability' on border surge
- [02/11] Driver's licenses for immigrants spurs debate in New Mexico
- [02/04] Obama: Immigrant critics don't consider 'human consequences'
Employment Law - Employer Articles
Municipal employers are considered part of the "state" under the U.S. Constitution. Thus, action taken by a municipal employer is often considered "state" action, and therefore must conform to certain Constitutional requirements.
What Do Employers Need to Know about the ADA?
There are a number of legal requirements and prohibitions an employer must take into consideration when evaluating a job applicant and extending an offer of employment, as well as throughout the course of the employee's career. When an applicant or an employee has a disability, an employer also must comply with federal and state statutes designed to protect disabled individuals in the workplace. Two of the major areas where an employer must be cognizant of the rights of disabled individuals are the hiring process and the provision of reasonable accommodations.
Immigration Law Case Summaries
[03/02] US v. Mendez-Sosa
In this case, defendant pled guilty to unauthorized reentry into the United States after deportation and was sentenced to thirty-seven months in prison. In applying the federal sentencing guidelines, the district judge assessed the 16-level sentencing enhancement on grounds that defendant was previously convicted of criminal sexual contact under New Jersey law, an offense which the judge concluded was a "crime of violence" under U.S.S.G. section 2L1.2(b)(1)(A)(ii). The judgment is affirmed, where: 1) for the purposes of implementing the sentencing guidelines in the immigration context, Chapter Four of the sentencing guidelines provides the proper definition of "conviction"; 2) under Chapter Four's definitions, defendant was "convicted of an offense" which gave rise to a "prior sentence"; 3) because the New Jersey statute is divisible and includes alternatives that do not involve the absence of consent, the district court properly applied the modified-categorical approach to determine that defendant was convicted of the statutory alternative involving lack of consent; and 4) the conduct for which defendant was convicted fit within the guideline definition of a forcible sex offense, and thus the definition of a crime of violence.
Employment Law - Employer Frequently Asked Questions
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
How Can We Help?
Our staff of immigration law professionals are sensitive to the needs of our clients and the members of their families. We can clearly explain the immigration process in Spanish, French, Japanese, Korean, Tamil, Hindi, Slovak, Czech, Russian, Chinese, German and English.
Bold labels are required.