In Brown v. Board of Education of City School District of City of New York (Sup Ct, NY County Index No. 102678, July 22, 2009 [Rakower, J.]) the arbitrator presiding over the nonimmigrant alien petitioner's Education Law 3020-a hearing had issued an award suspending the petitioner for three months without pay. DOE had, then, contacted DHS, revoking, among other things, its petition for the petitioner's H-1B visa, and subsequently it terminated the petitioner's employment. The Brown court noted that, pursuant to 20 CFR 655.731, DOE was barred from employing the petitioner without paying him wages, and that, accordingly, had DOE not revoked its petition for the petitioner's H-1B visa, DOE would either have violated federal regulations governing the employment of nonimmigrant workers, or it would have had to continue paying the petitioner, thereby creating an exception that would, itself, violate Education Law 3020-a, which requires the employing board of education to implement a hearing officer's decision. The court then held that the termination of the petitioner's employment did not implicate the procedural protections of Education Law 3020-a, because the termination was due to the petitioner's legal ineligibility to serve as a teacher.