ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION

Rate this Entry
by Chris Musillo

The Greater Missouri H-1B case has been winding its way through the court system since 2006. The key facts are that an aggrieved H-1B holder filed a Complaint with the Department of Labor alleging a multitude of H-1B violations. The Department of Labor’s Administrative Review Board ultimately issued a Decision in January 2014. The ARB decision is one of the best written and comprehensive legal discussions of an H-1B employer’s salary obligations that a practitioner will ever find.

One of the key holdings concerns the statute of limitations for an employer’s H-1B violations. The ARB found that the DOL does not need to limit its investigation to the single complaining H-1B employee. The DOL may expand its investigation to all H-1B employees; however “if the H-1B violation underlying the claim occurred more than 12 months before a complaint was filed, any remedies for that violation are barred.” (Page 16, in the above-linked decision).

The ARB’s decision contained a dissent by Deputy Chief Administrate Appeals Judge E. Cooper Brown. Judge Brown opined that the DOL’s investigative authority should be limited to the complaining H-1B employee. If Judge Brown's opinion had held court it would have significantly changed long-standing DOL investigative practice.

The plaintiff, Greater Missouri, sought federal review of the ARB decision hoping to convince the federal court that Judge Brown’s dissent was the proper reading of law. Last week, the federal court denied the Greater Missouri petition, probably ending the eight and a half year saga.

Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com. You can also visit us onFacebook and follow us on Twitter.

Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to Facebook Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to Twitter Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to Google Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to StumbleUpon Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to Reddit Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to Digg Submit "FEDERAL COURT CONFIRMS GREATER MISSOURI H-1B DECISION" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. MichaelA2014's Avatar
    Am I the only one who thinks that it is ridiculous that government takes 8 years to make a decision on an immigration case?
  2. CMusillo's Avatar
    On one hand I agree with you. On the other hand a decision was made by the government, but the Plaintiff (Greater Missouri) has been fighting the case through a variety of appeals to various courts.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: