Here is an excerpt from a press release from USDOL. I have said this many times before, - government investigations are NOT the same as litigation or practicing transactional immigration or corporate law. This is an entirely different area of practice. We as counsel need to know the law, compliance as well as litigation. We must approach all investigations in the spirit of good faith compliance, yet protect our clients from unnecessary liability. The investigators are not only investigators, but in effect also prosecution and judge.
"Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce," said Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division. "When companies participating in the H-1B program do not post filed labor condition applications, they clearly undercut American workers who may be qualified for available employment but aren't aware of it."
Since 2005, investigations conducted by the department's Wage and Hour Division have resulted in more than $5.6 million in back wages and $300,000 in civil money penalties in New Jersey, not including this case. The most common violations found were the employers' failure to post notice of the filing of labor condition applications at every worksite where an H-1B worker may be employed, and failure to pay non-immigrant workers the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit or studying for a licensing exam.
The H-1B visa program permits employers to temporarily hire foreign workers in professional occupations such as computer programmers, engineers, physicians and teachers. H-1B workers must be paid the same wage rates paid to U.S. workers who perform the same types of work or the prevailing wage rate in the areas of intended employment, whichever is higher.