05 Dec 2014
ARB on H-1B Back Wages: Batyrbekov v. Barclays Capital
Naomi Schorr writes: "This case is important because it's the first gloss on the leading case, Amtel Group of Florida, Inc. Amtel set the three-part test that an employer must meet to effect a bona fide termination of an H-1B employee: It must notify the employee, notify USCIS, and offer to pay return transportation. This new case holds that when an H-1B employee changes employers (in this case, the employee ported,) the original employer is no longer liable for back wages." - Batyrbekov v. Barclays Capital, July 16, 2014.