Monthly Archives: July 2017

Nonimmigrant Options for Registered Nurses

 

 

Professional nurses may apply under either the TN (if they are Canadian citizens) or H-1B category. The requirements for TN and H-1B are briefly discussed below. However, it is recommended that readers also refer to the detailed general discussion section relating to the TN and H-1B categories.

TN Status for Nurses Having Canadian Citizenship

The most appropriate category for Canadian registered nurses is the TN category under the North American Free Trade Agreement (“NAFTA”). The availability of TN status gives Canadian nurses a simplified procedure for obtaining entry as a temporary worker. Even professional nurses other than registered nurses may qualify for TN status as a medical technologist, which is also a listed profession in Appendix 1603.D.1. However, the benefits of NAFTA apply only to Canadian citizens, not landed immigrants.

Under NAFTA, the applicant must possess the required credentials to be considered a professional under the TN category. In contrast to the H-1B category, registered nurses require only a state or provincial licence to practice in order to establish the necessary credentials. A licence to practice in any state or province should technically establish the necessary qualifications. However, where a licence to practice as a registered nurse is required in the state of intended employment, an applicant must also have such a licence before TN status will be granted. A temporary or interim licence should be sufficient to permit entry under the TN category.

TN workers can apply for status at a port of entry just prior to entering the United States. A properly prepared TN application takes only a few minutes to adjudicate. Once admitted, a TN worker is granted an initial stay of one year. Thereafter, a TN professional may request extensions of stay for one-year increments. There is currently no limit on the number of extensions that may be granted.

H-1 Status for Nurses Not Having Canadian Citizenship

Registered nurses who are not Canadian citizens are not eligible for TN status and must apply for an H visa. Prior to September 1, 1990, professional nurses who had bachelor degrees in the field applied as professionals under the H-1B category. After that date, foreign nurses had to seek temporary status under the H-1A category. The H-1A category imposed onerous labor conditions upon the employer but did not require that the foreign nurse have a bachelor degree as a condition of eligibility.

On September 1, 1995 the five-year program which established the H-1A category expired and Congress did not act to extend the program before that date. However, professional nurses are once again be eligible to apply as professionals under the H-1B category, provided that they meet the requirements thereof.

The H-1B category is open to aliens seeking entry into the United States to work in a “specialty occupation”. However, it must first be shown that the job requires someone in a specialty occupation. It the job qualifies, it must then be established that the H-1B worker meets the requirements for the job.

The term “specialty occupation” is defined as an occupation that requires a theoretical application of a highly specialized body of knowledge and the attainment of bachelor’s or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation in the United States. To qualify as a specialty occupation, one of the following must be shown:

  1. a bachelor degree or higher degree (or it equivalent) is normally the minimum entry requirement for the position;
  2. the requirement of a degree for the position is common in the industry or the position is so unique or complex that it can only be performed by someone with a degree;
  3. the employer normally requires a degree or its equivalent for the position; or
  4. the nature of the job duties are so specialized and complex that the knowledge required to perform the duties is usually associated with a bachelor or higher degree.

If the position is a specialty occupation, the H-1B worker must then show that he or she is qualified to fill the position. To meet the requirements of the specialty occupation, the alien must possess the following:

  1. full state licensure, if required for practice in the state; and
  2. either of the following:
    1. completion of a bachelor or higher degree (or its equivalent) in the specific specialty; or
    2. experience in the specialty equivalent to the completion of such degree and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.

For the purpose of determining equivalency to a bachelor degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college level education that the H-1B worker lacks.

In order to hire an H-1B worker, a U.S. employer must comply with several labor requirements including attesting to the fact that it will pay the greater of the actual wage paid by that employer to all other individuals with similar experience and qualifications at the place of employment and the prevailing wage for the occupation in the area of intended employment.

An H-1B visa is valid initially for up to three years. Extensions of up to three years at a time may be requested to a maximum total stay of six years. The H-1B worker must then remain outside the United States for at least one year before becoming eligible for H status again.

New H-1C Category for Professional Nurses

On November 12, 1999, the President signed the Nursing Relief for Disadvantaged Areas Act of 1999 into law. In order to qualify for an H-1C, nurses must:

  1. Have a full and unrestricted license as a nurse in their home countries or must have been educated in the United States;
  2. Pass an appropriate examination (to be determined by HHS), or have a full and unrestricted license to practice as an RN in the state of intended employment;
  3. Must be fully qualified and eligible under all state laws and regulations to practice as an RN in the state of intended employment immediately upon admission to the United States.

The statute requires facilities hiring H-1C nurses to file an attestation with the Department of Labor that confirms the following:

 

  1. The employer is a hospital (as defined under the Social Security Act) and is located in a designated health professional shortage area, has at least 190 acute care beds, and that, since 1994, has had at least 35% of its patients entitled to Medicare, and at least 28% Medicaid;
  2. Employment of the nurse will not adversely affect wages and working conditions of similarly employed nurses;
  3. The nurse will be paid the same rate as other registered nurses similarly employed at the facility;
  4. The facility has taken and is taking timely and significant steps to recruit and retain U.S. citizen or immigrant registered nurses, including (without limitation):
    1. Operating a training program for nurses at the facility or financing (or providing participation in) a program elsewhere;
    2. Providing career development programs and other methods to encourage other health care workers to become registered nurses;
    3. Paying a wage to registered nurses higher than the prevailing wage;
    4. Providing “reasonable opportunities for meaningful salary advancement” by RNs.;
  5. There is no strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered nurse employed by the facility with in the 90 days before and the 90 days after the date of filing a visa petition for the H-1C nurse and the employment of an H-1C nurse is not intended or designed to influence union activity (layoff means loss of employment other than through discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or expiration of a grant or contract but does not include any situation in which the work is offered, as an alternative to termination, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits, regardless of whether the alternative job offer is accepted).
  6. Notice of the filing is provided to the bargaining representative for registered nurses at the facility or, if no bargaining representative, has been posted to employees in conspicuous locations;
  7. That the facility will never employ H-1C nurses as more than 33% of its total registered nursing staff;
  8. The H-1C nurse will not work at any worksite not directly controlled by the employer or transfer the H-1C nurse to another worksite during the course of the nurse’s employment.

 

Attestations are valid for one year from date of filing, or the last day that any H-1C nurse is employed under the attestation (whichever is later), and can be used for filing petitions for one year from the date of its filing.

More than one nurse may be included in a single petition. H-1C nurses may be admitted for three years; no extensions are provided.

Where the facility has failed to meet a condition in the attestation or misrepresented a material fact, a civil penalty of up to $1000 per nurse per violation up to $10,000 and a bar on filing H-1C petitions of at least one year may be imposed. In addition, where the facility has violated the wage attestation, the Department of Labor may order the employer to provide back pay to the H-1C worker.

Up to 500 H-1C visas may be issued each year. States with less than 9 million in population as of 1990 may not have more than 25 visas annually; states with more than 9 million can have no more than 50 visas annually. However, if not all visas available in a quarter are used, the visas may be issued to states regardless of their population or the state cap in the last quarter of the fiscal year.

The Immigration and Naturalization Service must promulgate regulations for the H-1C category within 90 days from the date of the statute’s enactment. The category will sunset four years after date the regulations are first promulgated.

Exclusion for Foreign Health Care Workers

Nurses should be aware that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”) now makes registered nurses excludable both as nonimmigrants and immigrants under the new INA 212(a)(5)(C) unless they have been certified by the Commission on Graduates of Foreign Nursing Schools (“CGFNS”). The CGFNS is an independent, non-profit organization which developed the CGFNS examination to test the capabilities of foreign professional nurses in all areas of nursing for which American nurse graduates are responsible, and to give an objective estimate of their ability to pass licensure examinations in the United States.

A subsequent memorandum from the INS clarified that the existing CGFNS certification was not sufficient to overcome INA 212(a)(5)(C). In addition, the INS took the position that it would not accept certifications until its regulations were promulgated.

FOREIGN PROFESSIONALS: MAYBE A RARE COMMODITY

Unemployment is not a problem across many industries in the U.S. In fact, the major media and technical journals speak of labor shortages. Particularly hard hit is the computer industry. Wages for college degreed computer engineers is staggering. The competition for qualified professional and technical workers is enormous. 

        U.S. immigration law responds to temporary labor shortages, and to otherwise enable U.S. business to avail itself of the best and brightest. The H-1b nonimmigrant visa category looks to the global labor supply for professional workers. Professionals are bachelors’ degreed individuals who occupy positions that require the degree in order to be performed. 

        The Immigration Act of 1990 capped the number of H-1b visas at 65,000 annually. Until then, there were an unlimited number of H-1b professionals who could enter the U.S. For the first few years, there were a sufficient number of visas for all that qualified for H-1b status. In May 1998, demand exceeded availability, and a backlog was created. There was confusion at the INS and amongst the public as to how cases in the pipeline were going to be handled. Fortunately, a pragmatic approach was taken. These circumstances were deemed beyond the aliens’ control and they were able to gain status anyway. Part of the solution included a carry over of petitions for H-1b status from last year to this year’s total. 

        In October 1998, after the start of the new fiscal year at INS, Congress passed the American Competitiveness and Workplace Improvement Act of 1998. This law lifted the cap on H-1bs to 115,000 until 2000 and then down to, 107,500 in 2001. In 2002 the law will revert back to 65,000 per year. 

        Despite the new increase, it is expected that H-1b numbers will again run out during May 1999. Foreign professional workers will have to wait until the start of the next federal fiscal year on October 1, 1999, or perhaps longer, in order to commence employment. 

        If you require foreign professional workers, but worry about the H-1b issue, there is something you can do. You can contact your Congressman or Senator. Telephone calls, letters, e-mails and the like make the difference.

The Dilemma of Illegal Immigration – Constitutional Execution of Valid Federal Laws Versus Reform

George Orwell, British author of the satirical novels “1984,” and “Animal Farm,” once quipped in political commentary, “What, at first, is absolutely strange, if forcibly fed to a population of human beings in small digestible bites, through the clever medium of government sponsored propaganda, will, over time, become accepted tradition and commonplace, even if sorely corrupted and evil.”

What this basically means is that a government, any government, may spend hundreds-of-thousands of taxpayer dollars to legislate a law of great benefit for the people of a nation, the majority of which may eagerly support its passage, and, over time, gradually and duplicitously, for spurious reasons, de-emphasize the importance of the law’s enforcement, incrementally decreasing the means of enforcing it, until very few concerned citizens actually question why such an important law has gone un-enforced.

During the interim time, however, as the law has regularly gone un-enforced, the very evil thing that the law was originally intended to proscribe has become a tolerated practice to a great percentage of the population and, moreover, the electorate. This evil will continue to be tolerated by a duped populace until its deleterious effect on the nation is much too great to be ignored.

Almost identical to the above scenario, U.S. immigration laws, under Title 8 of the U.S.C, were originally legislated by the U.S. Senate and House of Representatives with overwhelming, if not total, support from both Democrats and Republicans during the first four decades of the 20th Century. As with any federal law, the legislative mandate of the U.S. Code directly addressing illegal immigration, 8 U.S.C. 1325, 1326 (which propelled the legislation through Congress) was placed into the hands of the President of the United States, or the Executive Branch of the U.S. Government, to faithfully enforce.

The due proper enforcement of the U.S. Immigration Code proceeded along pretty well until around 1960, when the passage of U.S. Civil Rights legislation and the strict enforcement of illegal Hispanic immigration collided head-on in the political arena.

Subsequently, the legislative mandate of the laws, which was to keep illegal (especially Hispanic) aliens from entering the nation from across the Southern border, was unfortunately subjugated, at that time in history, to political whims and sympathies emanating from, primarily, Democratic U.S. senators and representatives. These legislators cared more about scratching the backs of their wealthy farmer constituents during their seasonal picking times (ensuring that they had ample illegal alien fruit and vegetable pickers) than making sure that immigration laws were faithfully enforced.

Consequently, enforcement of immigration law became inanely geared much more to political favoritisms and special interests than to the rule of law. This placed the U.S. Border Patrol in the ambiguous posture of enforcing illegal immigration not according to prescribed federal law, but, rather, according to the whims of powerful men and women in high political offices. I know this to be true because, in 1985, a senior U.S. Border Patrol agent told me that he was extremely frustrated with the differing orders coming from Washington, D.C. telling him and his officers to substantially reduce the number of raids made on known employers of hundreds of illegal aliens in San Diego County. At the time, I was a San Diego County deputy sheriff working at the Vista San Diego County Jail.

Currently, there are millions of parasitic undocumented illegal Hispanic aliens at large throughout the United States, especially in California, Arizona, New Mexico, and Texas due to the U.S. Executive Branch’s refusal to properly enforce the current immigration laws that are an integral part of the U.S. Code. Many of these illegal aliens are crooks and felons, who are going about with false identifications, bogus driver’s licenses, and fraudulent Social Security numbers for the express purpose of ripping-off American citizen taxpayers, obtaining food stamps, medical care, and other public services at taxpayer expense.

Of the 15-to-20 million illegal aliens presently here, more than 20 percent of them are violent felons, burglars, robbers, thieves, and gang members. Over 20,000 of them are presently serving federal and state prison sentences for felonies they have committed. But all of these undocumented aliens have one felonious thing in common. They are all guilty of violating federal law by illegal entry into the United States.

Recently, Barack Obama had the unmitigated gall to call, misguided, Governor Jan Brewer’s signing into law a new Arizona legislation giving state and local law enforcement officers the authority to detain, and arrest, suspected illegal aliens. How dare Obama say such a thing! When he (and the eight Presidents before him) have blatantly refused to honor their oaths of office, to faithfully execute the (immigration) laws of the United States, it is utterly reprehensible for him to criticize a responsible state governor for honoring the legislative mandate of a vital federal law when its lack of federal enforcement has critically upbraided the peace and security of her state.

Quite ironic it is that the Executive Branch of the federal government can build and staff what they regard as secure top-secret installations for military weapons research, intelligence gathering, or for what they want to consider important in the amorphous name of national security, and thoroughly protect the sites from illegal entry with all sorts of armaments, aircraft, and high-tech gadgetry, while at the same time insisting that protecting the Southern U.S. against illegal entry is almost impossible.

Case in point, Area 51, comprising thousands of acres of desert, mountains, and forested land, which is guarded day and night against illegal entry. Take, for instance, an ordinary American citizen who merely wants a job working inside Area 51, and obtains false identification in order to gain entry. Let’s say that that citizen gets a job working at one of the government-run restaurants on the installation with his false identification.

Two weeks later, Joe Blow is hard at work serving food when government agents harshly arrest him for illegal entry onto U.S. Government property. The poor fellow is charged with a dozen federal crimes, put on trial in a federal court, and subsequently convicted and sentenced to 30 years in a federal prison. Yet, most U.S. citizens will read about the person’s conviction and strongly agree that the intruder had it coming when he illegally entered a restricted federal area.

So, why isn’t prevailing U.S. public opinion against men, women, and families who conspire to illegally cross the U.S.-Mexican border. Such an act is as much a crime as illegal entry onto Area 51. Perhaps it is as George Orwell said, that through deliberate government inaction, and the effective dispersal of government sponsored propaganda, a law vital to a nation can, over time, be de-emphasized to a point where the average citizen does not consider its enforcement as essential.

I sincerely believe that our second President, the late great John Adams, who coined the expression, “We are a nation of laws and not of men,” would be completely devastated by how the American republic has become a nation of men and not of laws. Mr. Obama obviously wants to see the U.S. Constitution pragmatically changed to give the federal government total control over every matter the Framers considered state concerns.

In essence, Obama wants revise the Bill of Rights and to remake the American republic to resemble the Federal Republic of Germany, which has no bill of rights guaranteeing freedom of speech, freedom of religion, the right to keep and bear arms, and the right to be free of unwarranted invasions of privacy. But, most of all, he wants to see the evisceration of the 10th Amendment, which currently reads, “The powers not delegated to the United States (the federal government) by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

It seems to be sad, but true, that if a standing President does not like the laws that pervious congresses legislated, and that previous Presidents signed into force, that President will not make an effort to enforce them. This refusal to faithfully execute “all” standing federal laws is, in my opinion, an impeachable offense constituting a high crime. Nonetheless, a President who has a majority of a U.S. Congress rubber-stamping every thing he does, and wants to do, is in no fear of impeachment.

A candidate for President, who is not a natural born citizen of the United States, can even be elected and sustained with impunity with a Speaker of the House of Representatives and a Senate Majority Leader supporting him. What was true about “Dubya” and his rubber-stamping Republican Congress is equally true, if not more so, with Barack Obama and his rubber-stamping Democratic Congress. The Obama administration is saying, in effect, that President John Adams, his historical regard for the application of law, and every other salient precedent illustrating the importance of following law instead of human whim, can all go to hell.

Perhaps, during the November 2, 2010 mid-term congressional elections, indignant American citizens, the majority of the voting electorate seeking the rule of law, will go to the polls to cast out of the U.S. Senate and the House those representatives who voted for a legislation to deprive the American public of their freedom of choice, which will force them, by federal mandate, to, either, buy into federally controlled health care, or be penalized for not doing so.

The Obama administration is systematically working with the Democratic controlled Congress against the interests of American citizen taxpayers by seeking a federally controlled, essentially totalitarian, regime that will only increase national debt, tax burdens on individuals and families, control over a citizen’s daily life, and do away with the type of federalism established in the U.S.

Constitution. I sincerely pray to Nature’s God that a great majority of American citizens, registered voters seeking the rule of constitutional law, regardless of political party affiliation, will converge on the voting places this coming November to elect new U.S. Representatives and Senators who will abide by the U.S. Constitution instead of the whims of an aberrant, power-hungry President.

Elements Need to be Satisfied Under New York Law to State an Unjust Enrichment Claim

To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefited; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution.  Ultimately, a court must be persuaded that it would be against equity and good conscience to allow a defendant to retain what the plaintiff seeks to recover. Id. at 9.

In Tasini, the Plaintiffs brought suit against the Defendants alleging, among other things, that the Huffington Post was unjustly enriched by its practice of soliciting and accepting unpaid written submissions for its website. Id. at 7.  The Plaintiffs further alleged that the Defendants unjustly denied them compensation for their independent promotion of the content.

 The Defendants moved to dismiss the suit claiming that the Plaintiffs failed to “demonstrate that equity and good conscience require restitution and, in the alternative, that the plaintiffs’ unjust enrichment claim is barred by the existence of an implied contract between the plaintiffs and the defendants.” Id. at 8.  The Defendants made clear to the Plaintiffs from the beginning that they would not be compensated for their voluntary contribution to the website.

The court noted that the essential inquiry in any action for unjust enrichment is whether it can be shown that equity and good conscience warrant restitution, which would therefore obviate the need for dismissal. See Id. at 9.  The court further noted that in evaluating whether equity requires restitution, New York courts look to whether the plaintiff has alleged an expectation of compensation that was denied.  Id. at 10. In this case, the Plaintiffs had full knowledge of the transaction and only expected to gain exposure from their contributions.  Ultimately, the court held that the complaint failed to plead an expectation of monetary compensation and the Plaintiffs therefore could not recover under their unjust enrichment theory.  Further, it was held that since the Plaintiffs contributed to The Huffington Post out of their own unprovoked desire, equity and good conscience did not support what was sought in this matter.

When bargaining, it is important that parties are clear about one another’s expectations.  Everything should be set in writing, if possible, before the transaction proceeds.  

EXECUTED CONTRACT

When both the parties to contract have completely performed their obligations, such contract is called an executed It means there is nothing left to perform by the concerned parties.

EXAMPLE

‘A agrees to sell his car to ‘B’ for Rs 50,000When ‘A’ delivers his car and ‘B’ pays the price, contract

is sard to be executed

EXECUTORY CONTRACT

i When the  parties to contract have yet to perfoiTn

their obligations, such contract is called an executory. It means there js something left to perform by the concerned parties.

EXAMPLE

‘A’ agrees to sell his car to *B’ for Rs. 50;000 *B* agrees to buy it. But no party has yet performed his pan of obligation. So it is an executory contract

(c)        UNILATERAL CONTRACT

DEFINITION

It is a contract in which only one party has to perform his part of obligation at the time of formation of the contract but the other parly having performed his pan of obligation before the contract comes into existence.

EXAMPLE

A has paid the fare Rs 700 for making journey
from Lahore to Karachi. It means he lias performed his part
of obligation. Now it is the duty of transport company to
cany him.                        ,

4.        DIVISION BY ENFORCEABILITY

According to enforceability, there are following types of contract.

(a)       Vaiid contract                     (b) Void contract

(c)       Voidable contract

(d)*    Unenforceable contract (e)    Unlawful contract

(a)      VALID CONTRACT

A valid contract is that which U enforceable by law. The object of such contract is to create the legal obligation between the parties. It enables one party to compel another party to do something or not to do something.

OBLIGATION OF PARTIES

(i)       It creates no legal rights between the parties (it)      It creates no legal obligations between the parties.

EXAMPLE

“A” agrees to sell his horse to *&” for Rs.5,OOG This horse at the time of agreement was in a village. it was settled that the transaction would be completed next day at village. When “A” and “IT reached the village they found the horse lying dead. The performance of contract becomes impossible because the horse was dead This contract will be regarded as void.

(c) VOIDABLE CONTRACT

DEFINITION

According to section 2(i)

“An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others is a voidable contract.

Generally when the consent of o-ie party is obtained by fraud, misrepresentation, coercion o- undue influence, the contract becomes voidable at his option.

EXAMPLE

A compels B on gun point to purchase his motor cycle for Rs. 6000. B agrees. As consent of B waf obtained by coercion, so this is voidable contract at the option of B.

FEATURES

(i)       The contract is voidable at the option of the party
.                 whose consent is caused.

voidable contract can only be objected by the party who has been subject for fraud, undue influence or misrepresentation.

Contract  caused  by  fraud,   undue   influence  or misrepresentation are voidable contract

(iv)      U is enforceable at law atthe option of one or more of the parties. ,

(v)       If the contract is revoked by a person rightfully then he can also receive the compensation.

(d)      UN-ENFORCEABLE CONTRACT

It is a contract which is valid but cannot be enforced due to some technical defect or lack of any formality such as absence of writing, registration, stamp, attestation etc. Such contracts can be enforced after removing the defects

Similarly a bill exchange or promissory note though
valid in itself but after three years from the date of maturity
these become unenforceable.

The Following contracts are called unenforceable contracts 

(i)        A contract made by the parties verbally.   ‘ (ii)      “Contract made under the transfer property act are not in writing or not registered in the

 

OBLIGATION OF PARSTES

In case of unenforceable contract the parties may perform the contract But in case of breach of contract the aggrieved party is not entitled for legal remedies.

A borrows Rs. 50,000 from B and makes a promissory note. But he does not paste any stamp on it The contract is unenforceable as the pro note is not stamped.

(e) ILLEGAL OR UNLAWFUL CONTRACT

It is better to say here that illegal contract are not contracts so word illegal agreement should be used. Such agreement can never become contracts.

Section 23 states that an agreement is illegal and void if it.-

(a)      is forbidden by law or

(b)      is of such a nature that if permitted, it would defeat the provisions of any law or

(c)      is fraudulent or

(d)      it  involves or  implies  injury  to the’person  or property of an other or

(e)       The court regards it as immoral/ or opposed to public policy.

EXAMPLE

A and B enter into agreement to smuggle goods from qne country to another Such agreement is illegal

DIVISION BY APPLICATION

According to practical application, contracts are of the following kinds:

(a)       Contingent contract

(b)       Quasi contract

(c)       Wagering contract.

(d)       Contract of indemnity

(e)       Contract of guarantee

(0        Contract of Bailment

(g)      Contract of agency

WHAT IS VOID CONTRACT? WHAT ARE THE     CIRCUMSTANCES     UNDER     WHICH     A CONTRACT BECOMES VOID.?

VOID CONTRACT

DEFINITION

A contract which can not be enforced by either party is called a void contract.

In other words a void contract is that which is perfect in every respect and enforceable by Jaw at the lime when parties enter into a contract but afterwards due to happening of an uncertain event it becomes void.

FEATURES

(i)        It creates no legal rights between the parties.

(ii)      It creates no legal obligations between the parties.

(in)     Under this contract any party who has received any

benefit is bound to return ii                            (
(iv)      No compensation is paid to any party.

CIRCUMSTANCES UNDER WHICH A CONTRACT BECOMES VOID

IMPOSSIBILITY OF PERFORMANCE

Sometimes the performance of a contract becomes impossible after formation of a contract because of destruction of subject matter or some other reasons.

ILLUSTRATION

“A” agrees to sell his horse to “B” for Rsr5,GGG. This horse at the time of agreement was in a village. U was settled that the transaction would be completed next day at village. When “A” and “B” reached the village they found the horse lying dead. Tie performance of contract becomes impossible because the horse was dead This contract will be regarded as void.

SUBSEQUENT H.LEGAL1TV

Sometimes a legal contract becomes illegal’before performance and as a result void due to certain reasons.

ILLUSTRATION

A agrees with B to sell 100 tons sugar at Rs.2,GQQ per ton. But before the delivery the government ‘bans private trade in sugar. It is a contract which afterwards becomes void.

REJECTION OF VOID ABLE CONTRACT

A voidable contract becomes void, when the party whose consent is not tree, rejects the contract.

EXAMPLE

A compels B to enrer into a contract on gun point It is not a valid contract as consent of B is hot free. It is a case of coercion. This contract is voidable at the option of B. In case B rejects the contract, it becomes void

IMPOSSIBILITY  OF  EVENT  IN CONTINGENT CONTRACT

A contingent contract depends upon the happening of a certain event. If the event becomes impossible the contract becomes void.

International Law Salaries

According to the international law there is a special rate of the salaries which are given to the employs and this thing is related to the government officers and this process is only of a department and known as the clerical or bank staff so there is another thing salary of the bank staffs and for the clerical staff. There is a difference between the government officials and private employs the salary of the govt. persons are specifically given to the employs and through the banking system and the gratuity is also be provide to the govt. employs.

But on the other side there is no basic salary in the private sector and no gratuity also so in the private sector salary is providing according to the days of the month or to the hours of the day, this system is running in various nations and countries.

On the overview of the some of the great persons the international salary law is describing that there must be a salary for the given work to the persons and also grant to them special allowance. There is also missing some thing about the govt. salary system which is that some kind of allowance or also given to the employs that are known as house rent allowance, traveling living allowance, dearness allowance are some basic allowances for the govt. sector. But no allowance is special for the private workers who are under private sector.

The fair labor act is a federal wage law that sets the federal special and important requirements for the employee their wages and working hours. The FLSA requirements employers to pay their employees the specified federal minimum wage, the law does not exclude the salaries of those people who are working privately and paid in some other way. If employees are paid a salary, or at piecework rate, or if employees pay includes tips they are still entitled to receive pay that is the equivalent of the minimum hourly wage rate.

In many countries there are some companies there is a rule that only lawyers may have an ownership interest in or be managers of a law firm. So law firms may not quickly raise the capital through initial public offerings on the stock market like most corporations. Some nations or countries have also considered the salaries of the lawyers, like in the immigration lawyers earn salaries based on a variety of factors. Company size and geographic location play the most necessary lawyer earns.

Definition and Important Aspects of “Patent”

 

 

 

A patent is a right to own, use, sell, license and protect those rights, which are granted to an inventor or his/her employer for the invention or discovery of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

A Utility Patent protects the invention’s process and how it works. A Design Patent protects the unique ornamental features of an item.

At a very basic level, to be patentable an invention must not have been created previously (i.e. – the invention is novel) and the invention itself must be sufficiently different from what has been used or described before to a person having ordinary skill in the area of technology related to the invention (i.e. – the invention is nonobvious).

A new chemical compound may be patentable. If it fulfills certain requirements, computer software programs may be patentable. A new way of creating something (process) is patentable. A new machine is patentable, etcetera.

Once you have filed a patent application or a provisional patent application, you may use the term “Patent Pending” on your invention or design.

 

– How do I Obtain a Patent

Usually, the process first requires a Patent Search. A Patent search can be obtained for US only or for the US and other Patent heavy territories, such as China, Japan and the European Union (or specific European nations). Once you have obtained a successful Patent Search (i.e. – it appears that your invention is unique and patentable), you would file either a Provisional Patent Application or Patent Application. By using our simple, on-line form you will be well on your way to beginning your Patent Search and Registration Process and, thereby, protecting your intellectual property rights.

– Can I Sell or License My Patented Invention

Yes, you can negotiate a transfer of your rights in whatever way you choose – the patent and the underlying invention are your intellectual property. Of course, any agreement in which you relinquish rights in your intellectual property should always be carefully drafted within an appropriate writing.

– How Long Will My Patent Protection Last

A Utility Patent receives the protections of the patent laws for 20 years from the date of the application filing with the United States Patent & Trademark Office. A Design Patent receives these same protections for 14 years from the date of the application filing with the USPTO.

A patent holder cannot extend patent protection for any period of time.