ILW.COM - the immigration portal Immigration Daily

Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
© 1995-
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

ALJ holds Medical School Liable for $223,000 to H-1B Doctor

Rate this Entry
By Bruce Buchanan, Sebelist Buchanan Law, PLLC

Click image for larger version. 

Name:	female_doctor.jpg 
Views:	67 
Size:	7.3 KB 
ID:	1060

A Department of Labor Administrative Law Judge (ALJ) ordered the Southern Illinois University School of Medicine to pay an assistant professor $223,884 after finding the H-1B doctor was underpaid for her academic and clinical work.

The ALJ found that the school had failed pay Pakistani national, Dr. Sajida Ahad, the actual wage for her specific position in the general surgery division, as required by regulations. The ALJ sided with Dr. Ahad, who had argued that five of her colleagues, who earned higher wages than she did, had similar experience and qualifications, rejecting the school’s contention that the wage paid to Ahad was the actual wage - the rate paid by the employer to other individuals with similar experience and qualifications for the specific job in question.

The medical school argued there were no other surgeons who were primarily bariatric surgeons, as Dr. Ahad, and had worked in other medical specialties and were trained through a particularized fellowship. The ALJ stated: "I have considered the documentary evidence that the parties submitted as well as the testimony of the physicians that testified before me at the hearing and I find that each of the physicians listed below had similar education, experience and qualifications to Dr. Ahad.”

The school cited the Association of American Medical Colleges’ Faculty Salary Survey Report, arguing the data showed that physicians are paid different salaries based on their specialties. It also argued that the one- or two-year fellowship periods all six of the doctors completed dictated the actual wage. But the ALJ disagreed, noting that four of the five doctors received the exact same academic base salary despite completing different fellowships and having different specialties.

ALJ Davis found that the actual wage for clinical compensation during Ahab’s H-JB employment was $411,020, although she received only $253,676, and that the actual wage for the academic base was $418,791, while Ahad only received $338,789.

The ALJ also found that the school was not permitted, under the regulations, to take deductions from the actual wage owed to Ahad, saying that while it was true that Ahad had signed a compensation agreement, the regulations require more than just a signed agreement to allow for a deduction. He also determined that the school was not excused from paying part of its wage obligation on the grounds that Ahad’s productivity suffered due to her maternity leave, vacations and failure to meet the requirements of her contract.

This decision is another instance where employers, including hospitals, need to be very careful to follow the H-1B regulations on payment of wages. There seems to be several of these decisions that have been recently released.

Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to Facebook Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to Twitter Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to Google Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to StumbleUpon Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to Reddit Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to Digg Submit "ALJ holds Medical School Liable for $223,000 to H-1B Doctor" to


  1. zwoo's Avatar
    outlet zapatos online
    bambas adidas baratas
    ugg boots outlet online
    adidas schoenen
    botas de futbol
    outlet scarpe new balance
    abercrombie deutschland
    new yeezy shoes
    new jordan releases
    toms sale
    mulberry v?skor rea
    nike tn pas cher
    air max pas cher femme
    cheap air max outlet
    cheap uggs
    adidas sneakers
    reebok running shoes
    burberry sac pas cher
    Ugg boots Sale
    nike sportschuhe
    nike air max 90 rea
    louboutin heels
    zapatillas running
    ray ban sale
    Toms Shoes For Women
    scarpe nike
    Nike Store
    scarpe adidas online
    burberry schal
    nike chaussures
    scarpe jordan
    uggs outlet
    moncler jacket sale
    goedkope nike air max
    pandora jewelry store
    asics sko
    fitflops sale uk
    balenciaga borse
    new balance femme
    Adidas schuhe
    michael kors handbags on sale
    nfl store
    michael kors v?ska rea
    Jordan Store
    cheap uggs for women
    Korting sportschoenen
    ugg clearance
    chaussure basket homme
    portafoglio michael kors
    huarache sneakers
    nike damenschuhe
    Nike Air Jordan 11
    ugg boots for women
    nike free
    Air Jordan News
    ray ban sunglasses for men
    Nuove scarpe nike
    fitflop online kopen
    air jordan pas cher homme
    scarpe running new balance
    nike joggesko
    Ray ban sale online
    chaussure Nike femme
    ray ban wayfarer eyeglasses
    Billig Nike
    Nike Online Store
    sac a main michael kors
    Nike Zapatos
    discount ray bans
    zapatillas nike baratas
    nike air schuhe herren
    moncler outlet
    nike jordan shoes
    New Balance Outlet
    chaussure new balance femme
    cheap nike air max
    nike schuhe g?nstig
    zapatilla adidas
    Uomo Hogan
    chaussure Nike homme
    Toms Outlet Online
    Miu Miu bags online
    adidas outlet
    ugg store
    womens nike air max
    abercrombie and fitch store
    toms shoes outlet
    Ray Ban Outlet
    timberland outlet
    adidas shoenen
    Chaussure Nike Pas Cher
    chaussure adidas pas cher
    billige nike sko
    oakley sunglasses clearance
    new balance sportschuhe
    zapatos de futbol nike
    polo ralph lauren pas cher
    adidas store
    coach factory outlet online
    prada outlet
    scarpe nike air max
    nike air
    Cheap Michael Kors
    oakley outlet
    adidas outlet stores online
    nike air max running shoes
    ugg factory outlet
    23 is back
    Billiga Nike Air Max
    scarpe hogan outlet
    Moncler Outlet Online
    michael kors bags outlet
    sandalias birkenstock
    adidas schuhe neu
    longchamp kaufen
    Jordan Schoenen
    cheap ray ban aviators
    scarpe nike running
    chaussures nike pas cher
    Air Jordan Release Date
    uggs for cheap
    ugg boots classic
    nike sneakers
    newest lebron shoes
    vans shoe store
    nike shoes
    Timberland skor
    ugg outlet online
    zwoo 9.6
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: