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  1. #1

    Default Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green Card

    Hi!

    I am a science teacher from another country who was a recruited to teach on a public high school in Kentucky. I’ve been working for them for almost 6 years. I had work as substitute teacher in my first year and been in a permanent position in my second year until now for almost 5 years. At the start of my fifth year, I got tenured.
    I am under the H1-B visa and our district office promised to apply me for a green card once I got tenured. My visa expires May 2014.
    Before the beginning of my fifth year, (first year as a tenured teacher) around June 2013, our district office told me that they are going to start to process the application of our green card. I asked the HR personnel if I can choose the immigration lawyer to help us file the papers. The HR said they don’t want to burn bridges between the immigration lawyer that they use to work with and is currently working with other employees.

    At around August, I became anxious as I never get any word from them and so I started to send them (the division office and likewise their immigration lawyer) emails after email and phone calls after phone calls without any answers (I just left voice messages). Feeling the urge to have an answer, I decided to take a half-day off to pay the division office a visit.

    The HR personnel told me that day that they are now hesitant to pursue with the application of our green card due to unsure approval of the application and that would only cost the district money. I was devastated that moment because I have trusted them and expected that they have already started the process. Although, they have reconsidered to review and go over our case. My current principals and former principals called and emailed the district HR to follow up our case. They have express their intention and desire to keep me in my school. The HR then have consulted their immigration lawyer who has been working with the district about our case. The HR wants an assurance from the lawyer that our case (applying for a green card) will get through and that we can keep our status before our current visa expires.
    After a week of waiting, the HR gave us their YES. They said that the processing will start in October 2013. The lawyer emailed me a list of documents such as TOR, passport copy and resume that I should be preparing for the process.

    Again, we trusted them that they are really doing their job.

    Sometime in the mid of October 2013, I gave the district’s immigration lawyer a call to follow up our case, but I only got to talk to her once. The other phone calls were not answered and have not gotten a call back. I also emailed the HR in charge, but has not given me good updates.

    First week of November 2013, I decided to visit the HR office again to get some clear answer and update only to hear from them that they are not pursuing the application. We had a conference call with the lawyer that day. The lawyer explained that time is not enough to get us in status. She explained that all the processes involved until labor certification gets approve will take 6 to 9 months which for her is not sufficient. The district, on the other hand, does not want to spend money for me if the application will not be successful.

    I am so devastated about this. They could have just told me earlier, at least in the beginning of the school year (2013-2014) that they can’t sponsor me for a green card. Rather than getting me to expect from them but at the end there is nothing. With my emails and calls not answered, I don’t know but I can also see some delaying tactics.

    On these grounds, can I sue or raise a case against our district office?
    Your thoughts and advice is greatly appreciated.

    Sincerely

  2. #2
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    I think they pulled a fast one hiring in a foreign science teacher for sub standard wages, when there are thousands of qualified US citizens that are over qualified for the position and would jump at a decent paying teaching job. Absent a written contract specifying they must do it, you are out of luck.

    What school district is doing this? A bit of research indicates these scab districts are not even required to show a need to do it. They would not be foolish enough to try it in our district if they wanted re-elected.

  3. #3
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    My spouse who is a foreign University Professor had to face the same situation. This is employment fraud since the employer promised you to sponsor for Green Card and then did not comply probably because they tried to avoid the Labor Certification/PERM process with the Department Of Labor (DOL). You should make a complaint to the U.S. DOL Office of Inspector General (DOL-OIG) . They have an office of Fraud Investigation which will take care of the issue. Good luck.

  4. #4
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    A university faculty member could self sponsor in EB1 if he/she was exceptional. Depending on the university, that translates to having credentials needed for receiving tenure.

    At that point there is no issue.

    Verbal promises mean nothing. Unless it is in the contract, it is unenforceable.

  5. #5
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    This is not employment fraud. He has nothing specifying as part of his contract they will assist in filing the green card process. In fact, the reason they are doing this, in addition to his substandard wages, was likely so they could get rid of him without giving him a teachers pension.

  6. #6
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    I'm still looking for the part where the OP said anything about working for substandard wages. Or anything about wages at all.

    I've worked, and still work, with my share of visa'd employees. I've never worked for a place that paid an employee on a work visa less than an American doing the same job.

  7. #7
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    Apparently they have risen over the past decade significantly. They used to be one of the less desirable in the nation. South Dakota is the new winner at $35k.

    Quote Quoting cbg
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    I'm still looking for the part where the OP said anything about working for substandard wages. Or anything about wages at all.

    I've worked, and still work, with my share of visa'd employees. I've never worked for a place that paid an employee on a work visa less than an American doing the same job.

  8. #8
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    Quote Quoting Disagreeable
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    Apparently they have risen over the past decade significantly. They used to be one of the less desirable in the nation. South Dakota is the new winner at $35k.
    (Completely off topic. But you need to clean out your box )

  9. #9
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    Done thx

    Quote Quoting Dogmatique
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    (Completely off topic. But you need to clean out your box )

  10. #10
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    Default Re: Can You Sue an Employer for Backing Out of a Promise to Sponsor You for a Green C

    Regardless of whether tenure was is granted, there is certainly no requirement they file for a green card. As I noted, KY wages have come up significantly in the past 5 - 10 years. They should have no problem filling teaching jobs with US citizens. What we are not clear on also is what teaching status OP had. There are 4 ranks of teacher class plus a pilot program.

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