Call Us Today: 202-787-1944

Immigration Articles
Useful articles on a variety of immigration topics.

> > > >

Article Jump: 

DOL Penalizes for H1B LCA Violations: Develop an Effective Compliance Strategy
Print This Article
Discuss This Topic
Create News Alerts

In a settlement reached with the Department of Labor recently, a Southfield, Mich. Firm has agreed to pay $2,250,000 in back wages to 232 computer professionals and a $400,000 fine to settle immigration law violations. The company is also prohibited from participation in the H-1B visa program for 18 months.

The H-1B visa program allows foreign workers to enter and work temporarily in the United States in professional level jobs such as computer programmers, engineers, medical doctors and teachers. H-1B workers must be paid at least the same wage rates and benefits as those paid to U.S. workers already doing the same job in the same area. An employer hiring an employee on an H-1B visa is required to make certain attestations on Form ETA-9035, the Labor Condition Application (LCA), as a prerequisite to H-1B approval.

What does LCA contain?

The LCA contains basic information about the proposed H-1B employment such as rate of pay, period of employment, and work location. It also contains four standard attestations or promises that the employer must make. The employer must document compliance with the LCA requirements in a public access file. To learn more about LCA attestations and the public access file, read our article Labor Condition Application: An overview.

How does DOL learn about H1B violations?

The case of the computer firm is not a one-off case of immigration law violations by employers. The Department of Labor (DOL) has established a process for handling complaints concerning failure to meet the conditions of an LCA, or of making misrepresentations. The Wage and Hour Division of the DOL enforces the H-1B wage provisions of the Immigration and Nationality Act, in addition to other federal laws pertaining to wage payments.

An investigation by the DOL's Wage and Hour Division found that the computer firm brought non-immigrant H-1B workers into the U.S., but failed to pay them the minimum required wage rates in the areas where they were employed. The investigation also disclosed that the firm frequently “benched” the workers without compensation contrary to the rules of the H-1B program.

What can be the effects of these violations?

A lot of employers, innocently or deliberately, commit various acts that violate the immigration regulations and thus, become exposed to sanctions including back pay, civil fines, and disqualification from USCIS approval of employment-based immigrant petitions or H, L, O, and P nonimmigrant petitions. For more information on how to avoid DOL penalties, read our article LCA Compliance issues: Avoiding DOL penalties.

How can we help you?

With LCA investigations by the DOL on the rise, it is critical for employers not to commit any H1B LCA violations.VisaPro performs audits of LCA compliance programs and Public Access Files, assisting companies and corporations to document their good faith efforts to comply with all regulations. Combining our legal knowledge of the H-1B and LCA regulations with our experience representing companies through LCA investigations, VisaPro provides clients with the tools necessary to run a successful H-1B program, including the preparation of Public Access Files. If you would like to discuss the compliance issues specific to your company, please contact us.

The above article is brought to you by "". VisaPro’s US Immigration Lawyer Services include H-1B, K-1 Visa, K-3, L-1, Green Card, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at

Visit VisaPro regularly for updates and the latest immigration news at

Print This Article
Discuss This Topic
Create News Alerts

H1B Address Change of Work Locations: When Do You Have To File H1B Amended Petitions?
H1B Visa Cap 2017: Things You Must Know
H1B Visa Lottery 2017: Improving Your Odds of Success
H1B Cap Exempt Employers: How Do You Find Out If You Qualify?
More >>

US Work Visas: Which One Should I Apply For?
Do You Know the Consequences of Overstaying a Visa in the US?
Can I Get Married On a Tourist Visa to a US Citizen?
How do I bring my foreign national fiancée / spouse to the U.S. I am a U.S. Citizen?
More >>

Article Jump: 

U.S. Immigration Attorney - Consult Now!

Immigration Services
  Fast, Easy and Economical Avoid Costly Immigration Errors!
Immigration Guide
 Know Your U.S. Immigration Options
Immigration Law FAQ
 Detailed Answers to Your Immigration Questions
Immigration Articles
  Interesting and Useful Articles on a Variety of Relevant Topics

How can we help you?
Receive latest immigration updates and free legal tips by e-mail. Sign up now!
Legal terms explained in plain English!
Effects of Invalid Puerto Rico Birth Certificates on the Form I-9 Process
Update on Pending FBI Name Checks and Projected Naturalization Processing Times
US: Sarah Palin Silent on Immigration Issues
CBP Reminder: New ESTA Fee to Begin from September 8
DHS Announces 18-Month TPS Extension for Sudan
More News...

Get a detailed, written opinion online in less than 3 business days from a licensed immigration attorney.
Experienced Immigration Attorneys - Consult Online or By Telephone

Alerts & Newsletter
Create and Manage your
e-mail alerts for FREE.