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

H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?

Rate this Entry
by Chris Musillo

An H-1B employer’s wage obligation when it effects a bona-fide termination. The employer must take three steps to effect a bona-fide termination. Once all three steps are taken, the employer is said to have made the bona-fide termination: (1) The H-1B employer expressly terminated the employment relationship with the H-1B worker; (2) It notified USCIS of the termination so that the petition could be cancelled; and (3) It offers to pay or reimburse the worker for the reasonable cost of return transportation to his or her home country. This three step test is taken from Amtel Group of Fla., Inc. v. Yongmahapakorn, ARB No. 04-087, ALJ No. 2004-LCA-006, slip op. at 11 (ARB Sept. 29, 2006).

The Dedios court pointed out that there are some very limited exceptions to the three step test outlined in Amtel Group. The exceptions are found in cases such as: Batyrbekov v. Barclays Capital, ARB No. 13-013, ALJ No. 2011-LCA-025 (ARB July 16, 2014): see also Puri v. University of Alabama Birmingham Huntsville, ARB No. 13-022, ALJ Nos. 2012-LCA-010, 2008-LCA-038, 2008-LCA-043 (ARB Sept. 17, 2014).

The most obvious way for an H-1B employer to meet the first step is to send a letter or email to the H-1B employee notifying him of the termination of employment. Since the H-1B employer in Dedios waited many months before sending the employee a termination letter, the Court found that the wage obligation continued until October 27, 2010, in spite of the fact that the employer notified USCIS on June 1, 2010 and offered a flight back to the employee’s native Philippines on May 21, 2010.


Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.

Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to Facebook Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to Twitter Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to Google Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to StumbleUpon Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to Reddit Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to Digg Submit "H-1B SERIES PART THREE: WHEN DOES THE H-1B EMPLOYER’S WAGE OBLIGATION END ?" to del.icio.us

Tags: None Add / Edit Tags

Comments

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: