On December 23, 2013, the Administrative Review Board ("ARB"), U.S. Department of Labor ("DOL"), issued its decision in Matter of S.V. Technologies, LLC, ARB Case No. 12-042 (Dec. 23, 2013). In this case, the ARB upheld an award of $30,499.51 in back wages to an E-3 nonimmigrant worker who had not received a "bona fide termination." Those who follow our Alerts may recall that the DOL developed and has applied the "bona fide termination" rule to award back pay to H-1B employees where the employer fails to: (1) perform a proper termination under state law, (2) provide written notice of the termination to the USCIS, and (3) pay the worker the reasonable costs of transportation home. H-1B employers that terminate H-1B workers in violation of this rule can be liable for all salary due under the LCA applicable to the particular employee. As the ARB's decision in Matter of S.V. Technologies, LLC, indicates, the DOL is now applying the "bona fide termination" rule to the discharge of E-3 nonimmigrants.