The U.S. Department of Labor (DOL) appeals board supported a penalty levied against a tech recruitment firm. The firm violated the Immigration and Nationality Act (INA) when it did not place the H-1B worker and failed to make promised salary payments, as per the Labor Condition Application (LCA) and the H-1B filing.
The recruiting firm did not find the promised assignment for the technology professional. The employee was left without work or pay for over two years. As the employee did not have paystubs, he could not transfer to a new employer.
The DOL’s Wage and Hour Division levied the $150,000 penalty on the tech recruitment firm. The firm recruits and secures H-1B workers to provide outsourced tech support options for companies. This individual was sponsored over a three-year period by the firm. The firm, and the firm’s owner, are both found liable.
If you have questions about managing an H-1B visa position or any other immigration-related issue, contact us anytime. Our attorneys have extensive experience in H-1B visas, both for companies and individuals.