H-1B Employers Must Toe-The-Line

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The U.S. Labor Department continues to target non-compliance by employers using the H-1B program to employ foreign nationals to work in the U.S. in professional or specialty jobs. Recent DOL audits have resulted in substantial assessments of back-wages and penalties.

An employer using the H-1B program must pay program employees a wage rate that is the greater of (1) the "actual wage" (the rate the employer pays to all others in the position with similar experience and qualifications), or (2) the "prevailing wage" (the wage rate DOL determines for the occupational classification in the area of employment). The employer is also responsible for paying certain government-imposed filing fees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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