Hon. Jeffrey S. Chase, May 16, 2024 "In 2003, the Office of the U.N. High Commissioner for Refugees published Guidelines for applying the bars to asylum known internationally as the “exclusion...
Cyrus D. Mehta and Kaitlyn Box, May 14, 2024 "In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ag o” we discussed strategies for noncitizen workers...
Blanford v. USCIS "Because of a consular officer’s suspicions over a $900 payment, two children have spent the last seven years in a Liberian orphanage instead of with their adoptive parents...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia...
DEFENDANTS’ MOTION TO TERMINATE THE FLORES SETTLEMENT AGREEMENT AS TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES News coverage here and here .
BACK WAGES; VOLUNTARY NONPRODUCTIVE STATUS; PERIOD OF TIME BETWEEN ARRIVAL AND REPORTING TO RESPONDENT; PERIOD OF TIME TAKING CARE OF PERSONAL MATTERS IS VOLUNTARY, NONPRODUCTIVE STATUS; PERIOD OF TIME TO OBTAIN SOCIAL SECURITY CARD IS NOT VOLUNTARY, NONPRODUCTIVE STATUS - In Administrator, Wage and Hour Div., USDOL v. University of Miami, Miller School of Medicine, ARB Nos. 10-090 and -093, ALJ No. 2009-LCA-26 (ARB Dec. 20, 2011), the Wage and Hour Division (WHD) sought back wages for a worker who was hired under the H-1B program as an anesthesiologist at a teaching hospital. The ARB agreed with the ALJ's finding that the Respondent did not owe back wages to the H1B worker for the time period between her date of arrival in the U.S. and when she first contacted the Respondent to let it know that she had arrived, and for that time period in which she was unavailable because the was taking care of personal matters such as opening a bank account, obtaining a car lease, securing a driver's license, and securing schooling and day care for her children. These were periods in which the H-1B worker was in voluntary nonproductive status. The ARB found, however, that the ALJ erred in not awarding back pay for the two weeks that it took the H1B worker to obtain a Social Security card. The Respondent had required her to obtain such a Social Security card before beginning work, and this was not nonproductive status under 20 C.F.R. ยง 655.731(c)(7)(i).
BONA FIDE TERMINATION OF H1B WORKER; REFUSAL OF OFFER OF PAYMENT OF COST OF RETURN HOME IS NOT RELEVANT; USCIS MUST BE NOTIFIED, BUT USCIS NEED NOT HAVE ACTUALLY REVOKED VISA FOR TERMINATION TO CUT OFF BACK PAY LIABILITY - In Administrator, Wage and Hour Div., USDOL v. University of Miami, Miller School of Medicine, ARB Nos. 10-090 and -093, ALJ No. 2009-LCA-26 (ARB Dec. 20, 2011), the ARB affirmed the ALJ's determination that the Respondent effected a bona fide termination of the H1B worker after giving the worker notice of the termination, giving notice of the termination to the USCIS, and making a proffer of $5000 to the worker for transportation expense back to Germany. The fact that H1B worker rejected the offer of payment of relocation expenses because she was concerned that it would cut off her legal rights did not affect the fact that the Respondent made the offer of payment of the cost of return transportation. The ARB, however, rejected the Respondent's claim that a bona fide termination did not require notice to the USCIS based on language found in the ARB decision in Administrator v. Ken Technologies., ARB No. 03-140, ALJ No. 2003-LCA-15, slip op. at 4-5 (ARB Sept. 30, 2004). The ARB stated that it had clarified in Gupta v. Jain Software Consulting, Inc., ARB No. 05-088, ALJ No. 2004-LCA-39, slip op. at 5 (ARB Mar. 30, 2007), that such notice was one of the required three steps to effect a bona fide termination of an H1B worker. The ARB also rejected, however, the H1B worker's argument that actual revocation of the visa by USCIS is required before a bona fide termination is effected.