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
The Worker Adjustment and Retraining Notification (WARN) Act
The Worker Adjustment Retraining and Notification Act (WARN Act) was enacted to help ensure that employees and the state are given advance notice of large layoffs. The WARN Act requires any employer who employs 100 or more employees and who plans a closing or mass layoff, to give written advance notice of that plant closing or layoff.
What Types of Drug Testing May Employers Use?
The availability and type of drug testing private employers may use is regulated by state and local law and varies greatly by jurisdiction. While some types of testing, such as pre-employment testing, have become widely accepted practices, other types of testing, such as reasonable suspicion and random testing, have faced many legal challenges. Thus, it is necessary for employers to be knowledgeable about the laws in their jurisdiction and any local ordinances or regulations that may impact their ability to test job applicants and employees before implementing a policy.
Immigration Law Case Summaries
[05/20] Garcia v. Lynch
Petition for review of the Board of Immigration Appeals' decision, denying petitioner's motion for reconsideration for lack of jurisdiction on the ground that he validly waived appeal, is granted where petitioner’s waiver of his right to appeal to the BIA was not considered and intelligent because his decision was based upon an Immigration Judge's incorrect advice that his prior conviction was an aggravated felony and that he was therefore ineligible for relief from removal.
Employment Law - Employer Frequently Asked Questions
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