A USDOL Administrative Law Judge has held that an H-1B employer violated the H-1B Labor Condition Application by reducing an H-1B worker’s hours from full-time to part-time, with a corresponding decrease in wages, without first filing an amended H-1B petition with USCIS. In Wage & Hour Div. v. TLC Precision Wafer Technology, the ALJ held that the employer was obligated to pay back wages for the difference between the H-1B LCA full-time wage and the reduced part-time wage paid to the worker.
