Legal Question in Immigration Law in Utah

J1 Employer should:
1. Ensure that you are engaged in training/internship activities and not in work that a part/full-time staff member of the organization would otherwise be responsible for. As a J-1 Trainee/Intern you are not allowed to make final decisions about, or assume full responsibility for major tasks, assignments or projects. However, you may assist in such matters since on-the-job participation is encouraged as an important learning tool.
2. Demonstrate and maintain a full-time on-site employee to Intern/Trainee ratio of at least 5:1 for the duration of program. �On-site� refers to the actual training location.
3. Not host Interns/Trainees at a home-based business.
What should be done at time when employer violated the above terms and fired the intern? Can intern sue the employer. Intern has all the proofs for this.
He worked in the office alone without any onsite supervisor and other company employee in the office. He was supplied incomplete data through email for doing projects and later on said he didn't complete the project and was fired. Intern was supervised and given work remotely. J1 intern was treated as full time employee. He has spent $6500 for getting this internship and coming here. Can he sue the employer and claim compensation?

Asked on 10/03/15, 6:41 pm

Rahul Manchanda, Esq. Manchanda Law Office PLLC

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Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM

Answered on 11/07/15, 2:40 pm

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