H-1B Visa Payroll Problem

IT company owes nearly $1.7 million in back wages due to H-1B Visa Program violations [DOL ESA News Release, 10/30/08]:

Mike Habib, EA

An information technology (IT) company has agreed to pay $1,683,584 in back wages to 343 non-immigrant workers after a Department of Labor (DOL) investigation found that the company had violated the H-1B visa provisions of the Immigration and Nationality Act.

The H-1B program permits employers to temporarily hire foreign workers for jobs in the U.S. in professional occupations, such as computer programmers, engineers, physicians, and teachers. H-1B workers must be paid at least the same wage rate that is paid to U.S. workers who perform the same type of work, or the prevailing wage rate in the area of intended employment. From March 2005 through March 2007, employees hired by the IT company were not paid the minimum amount of wages that are required under the H-1B program.

The company also charged new H-1B workers training fees ranging from $1,000 to $2,500, which is in violation of the law.