Q: Suing company for negligence in handling their immigration matters
A foreign National employee who had been working with a mulitnational company for a decate and the last 3,5 years in the US on a E-1 Visa.
The employer went thru a Corporate Restructuring and is now not eligbale for E-Visas anymore and the foreign national employee lost his VISA status and re-entry in the US is not granted anymore.
Basically the employer didn't include potential immigration consequences as part of the due diligence process.
Would that be enough to have a case against the employer and are there verdicts for similar cases?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (973) 798-6131
- View Profile
- Answered
A: The employer does not have to consider immigration consequences of it's restructuring. You do not have any viable case from what I can tell.
Barry E. Janay agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (908) 460-5431
- View Profile
- Answered
A: The only potential case would be if the corporation and the employee had a contract that created an obligation that the employer thereafter did not perform.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
