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 term "employment contract" does not apply solely to a formal document signed by the employer and the employee. Instead, an employment contract may be created by almost any writing in the workplace, or even by a verbal statement, if the employer does not make clear that statement or writing is not meant to be binding.
What Happens When a Discrimination Charge is Filed with the EEOC?
Once a discrimination charge has been filed with the Equal Employment Opportunity Commission (EEOC), the EEOC will review the charge and determine if there is any basis for the claim. The EEOC may dismiss a claim outright if it does not believe a basis exists for the allegations against the employer. Otherwise, the EEOC will assign an investigator to the claim and provide notice to the employer that a discrimination charge has been filed against it. The notice also will contain the name and contact information of the investigator.
Immigration Law Case Summaries
[08/26] Singh v. Holder
Petition for review of the Board of Immigration Appeals' (BIA) denial of asylum and withholding of removal is granted, where: 1) the evidence compelled the conclusion that petitioner's imputed political opinion was at least one central reason that police targeted him; 2) petitioner's association with a suspected terrorist supported the conclusion that he was persecuted because of an imputed political opinion; 3) in the wake of the REAL ID Act, an applicant may still meet his burden of establishing nexus by introducing evidence that he was wrongly accused of being a terrorist; and 4) the mixed-motives analysis applies to cases governed by the REAL ID Act, and here, at least one central reason for harm was based on a protected ground.
Employment Law - Employer Frequently Asked Questions
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