Libit is a citizen of the Phillippines and was employed as a teacher for the Baltimore City Public School System from 2005 until 2013. In 2005, when Libit was hired, he was granted a J-1 visa. In 2008, prior to the expiration of his J-1 visa, Libit obtained an H-1B visa that was conditioned on his continued employment. Libit’s initial H-1B visa was valid between September 26, 2008, and June 27, 2011. Upon the expiration of his visa in 2011, Libit renewed his visa for a second three year period which was set to expire on June 26, 2014. When Libit was hired in 2005, he held a conditional certificate that was valid for two years. Thereafter, on July 1, 2006, Libit was awarded an Advanced Professional Certificate that was renewed in 2011,…show more content… The hearing examiner observed that it was the school system’s policy “that continued employment for foreign workers employed pursuant to an H-1B visa have satisfactory performance during their tenure with [the school system].” Additionally, the hearing examiner found that in the two years prior to his termination, Libit has received unsatisfactory performance evaluations. Furthermore, the hearing examiner determined that because of Libit’s status as an H-1B visa holder, Libit was “subject to termination at any time.” Accordingly, the hearing examiner recommended that “the Board affirm the CEO’s decision to terminate [Libit] for misconduct . . .…show more content… Prigel Family Creamery, 206 Md. App. 264, 274 (2012) (quoting Halici v. City of Gaithersburg, 180 Md. App. 238, 248 (2008)). Moreover:
Our review of the agency’s factual findings entails only an appraisal and evaluation of the agency’s fact finding and not an independent decision on the evidence. This examination seeks to find the substantiality of the evidence. That is to say, a reviewing court . . . shall apply the substantial evidence test to the final decisions of an administrative agency . . . In this context, substantial evidence, as the test for reviewing factual findings of administrative agencies, has been defined as such relevant evidence as a reasonable mind might accept as adequate to support a
