A US company from California has paid $58,815 to two employees after a federal investigation found violations of the H-1B foreign labour certification program.
Login Consulting Services Inc. provides services to private corporations, technology firms, and state and local government agencies. Those recruited and employed by the firm primarily serve in positions relating to software development, computer engineering, and business data analysis, the Department of Labor said.
In its investigation, the Wage and Hour Division of the department found that the employer illegally charged one employee for visa petition fees, which the law requires the employer to pay.
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The employer also “benched” that worker, a term used to describe when an employer fails to pay an H-1B employee when work is slow, for example.
The investigation also found that the employer paid another employee less than the hourly rate guaranteed in the Labor Conditions Application they submitted when applying to the H-1B program, resulting in another violation.
“Employers who wish to hire guest workers must fully familiarise themselves with the H-1B foreign labour certification program,” Wage and Hour Division District Director Kimchi Bui said. “The program is there to help American companies find the highly-skilled talent they need when there is a shortage of US workers.”
The resolution of this case demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers, and ensure no one is being paid less than they are legally owed, the official added.