In a recent press release, the US Department of Labor (DOL) has informed that following an investigation by its Wage and Hour Division (WHD), a software development and IT staffing company in Montgomery has paid $257,635 in back wages to 21 nonimmigrant employees from India, hired under the H-1B visa program, for information technology jobs.
In an investigation that was reportedly conducted by WHD’s Birmingham District Office, investigators had found that:
- the employer failed to pay the H-1B workers when they were required to report to the Montgomery office for training; and,
- there were also instances in which the employer did not pay the required prevailing wage rate for some hours worked.
The H-1B visa category applies mainly to people who wish to perform services in a Specialty Occupation. Before an H-1B petition can be filed on behalf of a foreign national in a Specialty Occupation, the prospective employer must apply for and obtain a certification of a Labor Condition Application (LCA) from the DOL. The LCA includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, and other sanctions to the employer. If you are an employer and have any questions on LCA or employer compliance, please contact us.