Dept. of Labor Targeting H-1B Pay/Benefits Compliance

[Newsjock]

http://www.mondaq.com/unitedstates/article.asp?articleid=119524

The US Labor Department is aggressively investigating compliance with the wage-rate and benefits commitments employers must make in an H-1B Labor Condition Application (LCA). These investigations are usually triggered when an H-1B employee complains that the employer failed to pay the LCA wage.

The H-1B program allows foreign nationals to work in the US in professional or specialty jobs. However, the employer must attest, among other things, that it will:
-- Pay the H-1B employee at least the prevailing wage set by DOL based upon job duties and the employment location, and
-- Offer the foreign worker benefits comparable to those offered to US workers in the same job classification.

DOL is taking these investigations very seriously and is assessing significant liability. For example, under a December 2010 consent order, a software consulting company agreed to pay over $638,000 in back wages and interest for LCA violations. The company and the owner also agreed to pay more than $126,000 in civil money penalties and interest for failing to provide the required LCA notice at each work site and for seeking a penalty from H-1B employees for terminating their employment early. The company will be debarred for a year from participating in the H-1B program.

[OHdem10]

1. For the last few years, the Visa workers have been brought in

here at 3/4 to 1/2 what the American Workers earned. This
was the whole point.