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Uche O. Asonye, CPA, JD, founded the Chicago law firm of Asonye & Associates in 1993. His firm concentrates on workplace issues, immigration law, employment, and civil litigation. His practice includes employment contracts, discrimination, workplace harassment issues as well as immigration, with special focus on physicians, health care workers and medical institutions. The firm relies on advanced technology to provide competent and cost effective representation for clients

Circuit Court of Cook County, Illinois (September 30, 2016)

Our client filed a charge and complaint of discrimination based on sexual harassment, sex discrimination, retaliation, assault and battery against her former employer. Our client claimed that over the course of approximately 5 months, her employer made numerous inappropriate sexual comments and sexual advances towards her. Some of the claims included our client’s employer commenting on her appearance, touching her thigh, breast, and buttocks, grabbing her by the hips and pushing her head towards his lap, pulling her onto his lap and asking her to touch his erect penis, and offering to purchase her a car in exchange for sex. Our client rebuffed every instance of inappropriate sexual conduct and consequently was terminated.

After the complaint was filed, Defendants filed a Motion for Summary Judgement. This Motion was denied by the Honorable Judge and the case went to a jury trial. The jury found in favor of our client on all counts and awarded her $1,800 in lost wages, $15,000 in compensatory damages, and $135,000 in punitive damages.  
 

The newly published final rule will allow more nonprofit entities to take advantage of the exemption.

USCIS has published a final rule on November 18, 2016 which introduces a fourth option to meet the exemption from the H-1B quota. A nonprofit entity can claim cap exemption by demonstrating that it has entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution for the purposes of research or education, and the fundamental activity of the nonprofit entity is to directly contribute to the research of education mission of the institution of higher education.

In the proposed rule, the term “primary purpose” was used instead of “fundamental activity.” However, in response to the public comments which suggested the term “primary purpose” was too restrictive, the Department of Homeland Security (“DHS”) replaced “primary purpose” with “fundamental activity.” DHS expects that this substitution of the terms will allow more nonprofit entities to take advantage of the exemption. In the commentary preceding the regulation, DHS also clarified that if a nonprofit entity is engaged in more than one fundamental activity, it can still  take advantage of the exemption because the exemption requires that at least one of these fundamental activities directly contributes to research or education of an institution of higher education. This rule will go into effect on January 17, 2017.

Extenuating Circumstances for J-1 Waiver Transfer Approved Due to Hostile Work Environment and potential danger to US citizen Spouse and Child

April 25, 2016 - After obtaining a j-1 waiver and H-1B visa, this internal medicine physician began his j-1 waiver job in California. Shortly after he initiated his employment, the employer began engaging in illegal and unethical conduct as well as harassment, mistreatment, and retaliation against the physician. In addition, throughout his employment, the physician’s employer continuously disregarded and ignored the physician’s medical judgement, thereby jeopardizing the health of its patients and the safety of its community. After the physician complained of the harassment as well as the unfair compensation he faced, the physician was given a final warning.

In our petition, we argued that as a result of the employer’s behavior, the physician could not complete his j-1 waiver service. We also argued that the denial of the physician’s j-1 waiver transfer would cause extreme hardship on the physician’s spouse and young son, both US citizens. The physician’s wife has several mental illnesses and in the event of a denial, the physician and his family would need to return to India, a country that lacks adequate mental health care.

The physician and his new employer retained our firm to prepare and file the J-1/H-1B visa waiver transfer to another hospital in California. Our petition included a declaration signed by the physician, his spouse’s medical records reflecting her diagnoses, treatment plan, and her physician’s recommendations, as well as articles regarding the access to mental health care in India. USCIS approved the physician’s J-1/H-1B visa waiver transfer on April 25, 2016.

Russian Endocrinologist Granted NIW to Serve in Medically Underserved Community in Michigan

March 29, 2016 - This Russian national is an Endocrinologist that came to the United States on a J-1 visa in order to complete her residency training in Internal Medicine. Upon completion of her training program in 2012, she began her fellowship in Endocrinology, which she completed in 2014. Afterwards, we filed a J-1 visa waiver that waived the 2-year foreign home requirement and allowed her to remain in the US.

We were retained again recently to file this physician’s NIW in order for her to serve five years in an underserved community in Isabella County, Michigan. We stated that her employment will have an immediate and positive impact on the members of Isabella County by reducing the long wait by patients to see an endocrinologist, enhancing follow up procedures with the facility, as well as enchaining the availability and quality of care provided to patients. We also argued that a denial of the NIW would deprive the community of a specialty physician that can provide patients with much-needed preventative care. Her NIW was approved on March 29, 2016.

 

3.18.16

An H-1B Visa is not an immigration Visa but an alien visa that allows a foreign person to live and work in the United States for a specific employer. The employer is considered the sponsor. This is a good way for American companies to obtain legal foreign labor for specific industries.

 The H-1B Visa is only for occupations that require at least a 4-year college degree. This allows companies to get the skilled help they need, especially if it is simply not available in their area. Here are the steps that must be taken to obtain an H-1B Visa for an employee.

1.    Employer Files A Labor Condition Application

The sponsoring company must file an LCA with the Department Of Labor. This application is required to disclose wages and working conditions.

2.    Form I-29 Petition

This is the formal petition to request a worker be granted a VISA. Employers declare their need and desire to hire this person and commit to being the sponsor for a specific period as long as employment performance is satisfactory. Upon approval, the foreign worker can apply for the Visa personally.

3.    Pay Fees

There are fees associated with obtaining a visa. This fee is required for each Visa requested.

4.    H1-B Visa Personal Application

The foreign worker must apply themselves for the Visa. Asonye & Associates can help arrange the documents needed to make sure the process of applying for the Visa goes smoothly.

5.    Exemptions And Medical Professionals.

Specific professions such as those in the medical field face special regulations and rules to ensure they are qualified to practice medicine in the United States. This visa is for those that are entering residency programs. A 2-year residency in their native country after training is required but can sometimes be waived. If you need a J1 waiver in Chicago, then contact us for the help you need with this difficult process. There are other visa options available for medical staff.

Streamlining The Process

 

An attorney with experience in immigration law can save you a lot of time and money when it comes to getting a Visa. Asonye & Associates have experience in all immigration and visa matters. As a top deportation law firm in Chicago, we make sure that you get the help you need.

3.4.16

 

You just lost your job for no reason.  Or you weren’t hired and you know you were the most qualified.  You came back from having a child and you lost your job. Was this because of discrimination?

 

There are many forms of discrimination and it still happens today.  Laws make it illegal for an employer to take adverse employment action against you.  However, it can be difficult to prove.  First, let’s explore the true meaning of discrimination and what claims are out there. 

 

What Is Discrimination?

 

There are several laws that protect you and each law makes it illegal to discriminate against certain categories of people or protected classes.  You are only protected if you fall under one of these classes.  It is illegal to discriminate against someone based on age, race, color, religion, sexual orientation, national origin or gender.  Also it is also illegal for an employer to discriminate against a woman based on pregnancy, childbirth or medical conditions related to the pregnancy and/or birth. Employers also can’t discriminate against people with a disability. 

 

What Types Of Discrimination Claims Can I Make?

 

Here are some discrimination claims:

 

•Discriminatory claim is when you feel your employer treated you worse because you were a member of a protected class or category.

•An impact claim is a type of discrimination based on the effect of an employment practice.  For example, if a company has a seemingly neutral policy rule or practice in place that negatively impacts a protected class like a strength requirement that females could not meet. 

•A retaliation claim is when an employer retaliates against an employee who engages in conduct that the law protects, like making a complaint about discrimination, or reporting a safety hazard.  

 

What Types Of Evidence Do I Need? 

 

Direct evidence is the best, which could be written documentation from your employer saying you need to be let go because of your age, but this is hard to get.  Other examples include verbal comments, memos, emails or a written policy.

 

Having these types of evidence is very unrealistic.  You must fit into one of these protected categories and have enough circumstantial evidence for a jury.

 

Some types of employment cases are easier to win than others such as retaliation cases.  Despite the amount of evidence you have, you will need to show that you are honest, respectful and accountable to prevail. 

 

More Questions? 

Give AA Law a call today to discuss.  We are here to help and will evaluate your case.

2.26.16

 

Are you working in an environment that makes you uneasy or uncomfortable?  Do you hear jokes and language that you feel are not appropriate?  Do you dread going to work because of this?  Harassment of any type does not belong in the workplace.

 

Defining Harassment

 

Sexual harassment is one form of harassment and includes unwelcome sexual advances, requests for sexual favors, and a verbal or physical conduct that:

 

•A person feels he or she needs to do in order to keep a job. 

•A person feels he or she needs to do in order for raises or promotions. 

•Conduct that interferes with a person’s work performance because it creates an offensive work environment. 

 

Along with sexual harassment, there are other types. Harassment is verbal or physical conduct that creates hostility toward an individual because of that person's race, skin color, religion, gender, national origin, age, or disability, and that: 

 

•Creates an offensive work environment 

•Interferes with work production 

•Limits a person’s employment opportunities 

 

What Does This Mean?

 

This can include slurs, negative stereotyping, intimidation, crude language, discussing sexual activities, using indecent gestures, sabotaging someone’s work, or any threats that relate to the categories listed above. 

 

Harassment can also be written or graphic material that shows aversion toward an individual, like sexually suggestive or racially insensitive.  These materials can be displayed on walls, bulletin boards and other locations throughout the workplace. 

 

Some important things to remember about harassment:

 

Both men and women can be victims of sexual harassment. 

•Either a man or a woman can be a harasser.  The employee who feels harassed against can be the same gender as the harasser (i.e. male harasser to another male employee.)

•A person can complain of harassment even if it wasn’t directed at him or her.  It can be directed at another person but someone else was affected by this conduct. 

•Harassment doesn’t always have to happen at work.  It can occur at company-sponsored events or between coworkers away from work. 

•Harassment situations can be peer-to-peer, supervisor-to-employee or even a third-party-to employee (such as a customer or vendor.)

Prevention is best to remove harassment from the workplace.  All employers are encouraged to complete training and other appropriate steps to prevent harassment.

 

If you feel you have been harassed and need an opinion to determine if you have a case, give AA Legal a call today.  We are here for you.

2.12.16

After seeking help in finding his stolen car, Salvadoran man is facing deportation 

Pedro Figueroa is facing deportation and was detained by the Immigration and Customs Enforcement after contacting police officials to get help in finding his stolen car. However, it is actually a violation of laws that are designed to encourage all to come forward and report crimes, regardless of their legal status.  

In other words, San Francisco PD was not supposed to have contacted Immigration and Customs Enforcement, or ICE, when Figueroa contacted them. However, there was an ICE agent waiting outside when Pedro arrived at the San Francisco Police Station, and he ended up being detained for “45 days and counting, at risk of deportation to danger and even death in El Salvador,” his lawyers noted in their statement on the case.  

Pedro Figueroa is an El Salvadoran man who has been living in San Francisco, and is a father to an eight-year-old girl. If San Francisco Police were indeed in violation of these immigration laws designed to allow everyone, regardless of citizenship status, the right to contact law enforcement to report crimes, this would be a very disturbing case. Pedro’s case is “now being reviewed by the immigration courts to determine whether he has a legal basis to remain in the U.S,” according to the statement made by ICE. 

2.19.16

Former Worker Claims Yahoo Discriminates Males  

Gregory Anderson, former employee of Yahoo Inc., is suing and accusing Yahoo of sex discrimination, shortly after the company allegedly kept and hired more women workers than men. Gregory Anderson was in charge of Yahoo’s autos, homes, shopping, small business, and travel sites before his termination in 2014. Anderson is saying that his former employers, especially Chief Marketing Officer Kathy Savitt, favored female workers. Anderson’s lawyer wrote that Savittpublicly expressed support for increasing the number of women in media and has intentionally hired and promoted women because of their gender, while terminating, demoting or laying off male employees because of their gender.”  

While there is nothing wrong with wanting more women working in an industry, hiring or terminating employees based solely on whether they are male or female is gender discrimination. When Kathy Savitt began at Yahoo, top managers in the industry were 20% female, and today, just three years later, they are 80% female. Marissa Mayer, chief executive at Yahoo, instituted the 1 to 5 point ranking system by which employees are ranked, which plays a large part in determining which employees are terminated.  

Mr. Anderson’s case entails him reportedly receiving high ratings before taking a leave of absence in the summer of 2014 to study at the University of Michigan on a Knight-Wallace Fellowship, which was approved by his supervisors. However, during the Fellowship he received a call informing him that he was actually in the bottom 5% of the employee ratings, and would be terminated as a result. The lawsuit was filed in a federal court in Washington D.C., and it claims that Mr. Anderson was fired not for reasons related to job performance, but instead due to gender discrimination.

2.2.16

 

Music Teacher in Minnesota may be forced to leave country  

 

In Lancaster, Minnesota, the music teacher of the Lancaster School may be forced to return to Canada, as her visa runs out on February 15th. Alanna Dawson is the music teacher there at the school in northwestern Minnesota, and because of U.S. Immigration Law may be forced to move back to her home near Winnipeg, Canada. The Superintendent of the district, Steve Swiontek, has reached out to Minnesota Senators Klobuchar and Franken, as well as Representative Peterson in his attempt to keep Dawson from being forced to leave the country.  

If Ms. Dawson is forced to leave, the school will be without a music teacher, as there are no others in the area. This is why U.S. Immigration Law is so important. While in some cases it is important to maintain a balance of those immigrating to the United States, it is important for circumstances such as this one to receive individual consideration. 

Were you wrongly denied unemployment benefits?  Did you lose an unemployment hearing?  Don’t worry.  You may still file an appeal. 

 

After The First Unemployment Hearing  

 

The first unemployment hearing is basically your last chance to get or retain your unemployment benefits.  You have the right to appeal this decision, and you will probably want to hire an employment lawyer, like AA Law, to increase your chances of winning.  

 

Do I Need A Lawyer? 

 

You can either hire an attorney or represent yourself during the appeal hearing. The process is designed for people who aren’t lawyersHowever, an attorney can beneficial and helpful to get your through this process and help ease any worries or anxiety.   

 

Your employer may have a lawyer, so you may want to consider that when making your decision 

 

What You Need To Be Prepared 

 

Remember, this hearing may be your only chance to present your side of this case, so you will want to have your best-organized presentation, which is where a lawyer may come in handy. To be fully prepared, you should consider obtaining a copy of your state claim file before filing the appeal to determine why your employer protested your claim.  The state's file may even include documents, such as employer rules and policy and write-ups sent along with their written response to the notice of claim filed. 

 

Evidence typically presented at an appeal hearing includes oral testimony from you and from witnesses along with documentation that you can use to verify your case. To receive any evidence that is in your employer's possession, you will need to ask the administrative law judge to subpoena the records from your employer If you have witnesses you feel are valuable to your case, you will want the judge to also issue a subpoena to that individual to require them to attend the hearing and testify. 

 

You will want to bring multiple copies of any documents that you want to present as evidence to be able to give to the judge and to the representative for the employer.  If you have a lawyer, he or she will be able to give you guidance on which documents you need and how to obtain them. 

 

Contact AA Law today for more information.  We would be happy to look at your case and see how we can assist you. 

The Election of a New President is Bound to Affect Immigration Law

The President of the United States has a major say in the immigration policies of the country. With 2016 being an election year, there may be changes coming to the approach of the executive branch towards immigration policy. Two important topics heading into the presidential race are immigration from Mexico and Central America, and the immigration of refugees from Syria and the Middle East. It is important to keep an eye on the elections and how the differing opinions of the candidates will affect immigration law and policies such as J-1 Visas.

Sandra Sheridan wins appeal of racial discrimination against the State of Florida 

 

In Tallahassee, Florida at the 1st District Court of Appeal, the Court sided with Sandra Sheridan in a lawsuit against the Department of Health claiming racial discrimination. The plaintiff claimed that the dismissal from her job was in violation of the Civil Rights Act of 1992, which protects citizens from being fired based upon race.  The state attorneys claimed that Sheridan’s lawsuit was filed too soon and did not give the federal Commission time to find probable cause of her dismissal. Judge  Stephanie Ray wrote that the premature filing did not deprive the Commission of its ability to fulfill its duty. Sheridan’s case will now be considered yet again by the lower court in Leon County.

Despite new rule about first securing employment, interest in J-1 Program on the Rise 

Foreign exchange students have a growing interest in being able to come to the United States to study abroad. The summer J-1 Visa gives students around the globe the opportunity to come to the United States and study and work to gain valuable experience in their particular fields of study. 

Irish officials, for instance, say that attendance at preparatory events to prepare students for the J-1 Program has been massive. Also, Usit, the student travel body, hosted a recent event in Dublin where U.S. based companies such as Bubba Gump’s Shrimp Co. and Rainforest Café conducted Skype interviews. Events such as this would make it possible for students to secure the employment that is now necessary to obtain the J-1 Visa.

Students in Ireland and other countries to need jobs before they can secure a J-1 visa

Starting in 2016, foreign exchange students who wish to spend time in the United States will be required to obtain and provide proof of employment in the U.S. prior to their J-1 visas being accepted. These ordinances have been put in place by the agencies CIEE and Interexchange, who are responsible for the immigration of students who wish to obtain J-1 waivers and selecting and determining which students are accepted. The U.S. Dept. of Foreign Affairs backed them in this decision.

On November 12, 2015, the U.S. Department of Foreign Affairs announced that students who wish to obtain a J-1 visa to the United States would be required to have employment first. Supporters of these changes to the J-1 waiver program believe that the new changes will make it easier for foreign exchange students to hit the ground running, and that having employment prior to entering the country will make their transition easier. Opponents of the changes, such as Ireland’s Minister for Foreign Affairs, believe that the adjustments to the J-1 visa program will greatly reduce the number of students eager to participate in the program.

on.Students in Ireland and other countries to need job
s before they can secure a J-1 visa

November 12th, 2015

Discrimination Lawsuits: Taking Preventative Measures

According to the EEOC, a total of 88,778 workplace discrimination charges were filed in 2014. Discrimination lawsuits are often expensive, extremely disruptive to workflow, and damaging to employee morale. In order to achieve a discrimination free workplace, companies should always make an effort to foster a workplace culture that encourages diversity, safety, and acceptance. In addition to this, there are a few preventative measures you can take that can help avoid discrimination in the workplace, keeping your employees happy and protected.

As a preventative measure, outlining specific antidiscrimination policies in a company handbook not only informs employees of expected behaviors, but can also serve in the company's favor in the event of a lawsuit. Your company handbook should stress that there is a zero tolerance policy when it comes to sex discrimination, race discrimination, age discrimination, and sexual orientation discrimination and should also outline the disciplinary consequences that will follow any claim. It should also be made clear that retaliation is also a form of discrimination, and that following the outlined procedures is the only way the situation should be handled. Lastly, if the claimant is unhappy with the results of their claim, an appeals process should be allowed and attended to.

While having specific company policies on discrimination outlined in a handbook is a good idea from a legal point of view, it is very probable that not all employees will take the time to read through the policies. Therefore, it is wise to put all employees, including supervisors, through training that will inform them of what is considered acceptable behavior and language for the workplace. Managers, especially, should go through extensive training that will prepare them to recognize and prevent situations that may eventually lead to discrimination lawsuits. Hands on training should be provided to those who have been tasked in handling complaints so that they take the proper steps in dealing with the situation. In addition to this, employees should be provided with multiple ways to file a complaint so that interaction will not have to occur between the claimant and offender.

If you are in need of representation in a discrimination lawsuit, please contact Asonye & Associates at 312-795-9110, and find more information about our services here.

November 9th, 2015

Every person has a legal right to feel comfortable and free of unwanted sexual advancements in their place of work. Sexual harassment is defined, according to the Employment Equal Opportunity Commission as behavior of a sexual nature that:

 

  •     Affects your employment
  •     Unreasonably interferes with your performance at work
  •     Creates a work environment that is intimidating, offensive, or hostile

 

If you believe you have been sexually harassed in your workplace,  you might want to take the following course of action:

Immediately after the incident or as soon as possible, write down exactly what happened. Note the exact verbiage used, if any, or write a thorough description of any unwanted sexually charged actions that took place. Also note any witnesses, how you reacted to the incident, or anyone you may have shared the information with. The fresher in your mind the better.  

It is best that you inform the harasser that their actions were inappropriate. This is best done through email as it creates proof that the harasser was informed of their unwanted behavior, and may even elicit an incriminating response from the recipient.
Your next step should be to inform your supervisor or Human Resources representative. Again, a written document noting the exchange should be accompanied by any face to face meeting. If the harasser happens to be your immediate supervisor and you do not have an HR representative, report the incident to your supervisor’s boss. Request to fill out an official complaint.

If, after these actions are completed, you would like to file a lawsuit for your case, call an employment discrimination lawyer immediately. We at Asonye & Associates have over 20 years of legal experience and will guide you through every step of this difficult process.If you have questions about your rights, please do not hesitate to call us at (312) 795-9110 or send us a message.

PERM LC Certified and I-140 Approved for Hospitalist in Michigan

October 30, 2014 – This Indian National requested to get his adjustment of status process started. His employer retained our firm for the PERM Application. We submitted the PERM Application on March 7, 2014 locking in that date as the priority date for filing the adjustment of status petition. The PERM Application was certified on August 27, 2014. After certification we quickly filed the petition for the I-140 to move to the next step of the green card process. The I-140 was filed on October 9, 2014 and approved on October 30, 2014. We are now waiting for the priority date to become current so we may file the I-485 Adjustment of status Petition.

 

J-1 Visa Waiver Granted to Family Medicine Physician from India to Servie in a Medically Underserved Community in Texas

September 29, 2014 – This physician from India was completing her residency training in family medicine while on a J-1 visa. Per the J-1 Visa requirement, the physician was initially required to go back to India to fulfill the requirement of providing healthcare to people of India. However, do to the critical need of family physicians in Texas, a health center petitioned for the physician’s J-1 Waiver.

The health center retained our firm to file the J-1 waiver in order to waive the 2-year foreign residence requirement. We filed the petition explaining the great need for a family physician as well as the furtherance of the goals of the state and national interest because the program reduces the cost of health care. Upon review , the USCIS approved the application on September 29, 2014.

Peruvian National Obtains J-1 Visa Waiver to Serve in the Midwest

May 16, 2014 - This neonatologist is a Peruvian national that was on a J-1 visa while completing her residency in Pediatrics. Upon completing her residency training as well as the expiration of her J-1 visa, a practice based in Illinois and Indiana sponsored this physician’s J-1 visa waiver in order for her to work three years with them instead of fulfilling the 2-year foreign residence requirement.

The hospital retained our firm in order to file the J-1 visa waiver to waive the 2-year foreign residence requirement. We submitted the application, demonstrating the hospital’s needs for a neonatologist as well as their failed recruitment efforts to hire a neonatologist for a long period of time. Upon review, the USCIS approved the application on April 23,2014. In addition, on May 16, 2014, USCIS approved the hospital’s H-1B visa application filed on behalf of the physician.

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