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
Employee Privacy Rights
Many employers, afraid of hiring an employee who will steal, break the law, or otherwise subject the employer to liability, have made a practice of conducting credit or background checks of applicants. In addition, once an employee has been hired, the employer often takes additional steps to ensure that the employee spends his or her time doing the employer's business, perhaps by monitoring telephone calls or Internet usage. An employer who believes that an employee has stolen from the employer may ask the employee to take a lie-detector test, or search the employee's desk or locker. Unfortunately, each of these attempts by the employer to protect its business may subject the employer to liability, if done without regard for employee privacy rights.
What Happens if Employers Misclassify Employees as Independent Contractors?
It is imperative that employers take care in determining whether or not an individual is an employee or an independent contractor. Employers can save money and conserve resources by hiring independent contractors. But the savings will be negated by heavy penalties at the state and federal level if employers wrongly classify employees as independent contractors. These penalties may include:
Immigration Law Case Summaries
[07/29] Paiz-Morales v. Lynch
Denial of a petition for review of the Board of Immigrant Appeals's decision, affirming an Immigration Judge's denial of his application for asylum and withholding of removal, is affirmed where petitioner failed to offer any evidence of the existence of a legally cognizable particular social group, and it is clear that the BIA's determination was supported by substantial evidence.
Employment Law - Employer Frequently Asked Questions
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