Answered on Jan 31st, 2011 at 7:13 PM
He can make a Wage claim with the Department of Labor to be paid what he is owed regardless of his immigration status or even that he is still in the U.S. An employment lawyer would be best suited to do this. Since he is overseas anyway there is nothing that can be done to him from an immigration status. Any illegal time in the U.E. or illegal employment may affect a later petition by you but the wage claim itself would not affect that or his rights to have you apply for him, apply for an immigrant visa and if applicable a waiver. If you want a consultation on the specific facts of his case, then contact me as indicated below.