Jackson Lewis: H-1B Work Visa Application Established Employee Contract, New York Appellate Court Rules | Practical Law

Jackson Lewis: H-1B Work Visa Application Established Employee Contract, New York Appellate Court Rules | Practical Law

This Law Firm Publication by Jackson Lewis LLP discusses the New York State Supreme Court Appellate Division, Second Department's April 17, 2013 holding in Kausal v. Educational Products Information Exchange Institute that an H-1B work visa application established an employment contract sufficient to support the employee’s breach of contract claim. The court ruled that the application, sworn-to and executed by the employer's project manager, contained all of the material terms indicating an employment contract and left nothing to be further negotiated. The court noted that the contract violations were also federal labor violations, as the employer failed to pay the employee the wages indicated on the visa application.

Jackson Lewis: H-1B Work Visa Application Established Employee Contract, New York Appellate Court Rules

by Jackson Lewis LLP
Published on 09 May 2013New York, United States
This Law Firm Publication by Jackson Lewis LLP discusses the New York State Supreme Court Appellate Division, Second Department's April 17, 2013 holding in Kausal v. Educational Products Information Exchange Institute that an H-1B work visa application established an employment contract sufficient to support the employee’s breach of contract claim. The court ruled that the application, sworn-to and executed by the employer's project manager, contained all of the material terms indicating an employment contract and left nothing to be further negotiated. The court noted that the contract violations were also federal labor violations, as the employer failed to pay the employee the wages indicated on the visa application.