After investigation, the division recovered $85,405 for the employee.
The US Department of Labor has imposed a penalty of $85,405 to VoiceXnet Technologies for violating the H-1B visa program.
Contents
Neither Work Nor Pay
It is a management consulting company based in Texas and Hyderabad which had ‘benched’ an employee it had brought to the US on an H-1B visa and failed to pay wages as promised.
“Benching” here refers to the illegal practice of an employer placing an H-1B worker in unpaid, nonproductive status which is in violation of federal law.
Background
The employee is a software developer who was brought to the US on an H-1B visa.
But the company did not inform the US Citizenship and Immigration Services that it was canceling the worker’s visa and not providing him work or wages from Jan 1, 2019 to Feb 3, 2020.
Breaking The Law
This is a violation because the worker was rendered unpaid and nonproductive and his visa should have been terminated.
So the worker’s rights were violated since they are entitled to rights and protections afforded to them under immigration law and Department of Labor regulations.
Ruling And Compensation
After investigation, the division recovered $85,405 for the employee.
Wage and Hour District Director Troy Mouton said that employers must fulfil its obligations to nonimmigrant H-1B workers they hire.
There are applicable procedures “when they receive authority to employ nonimmigrant workers” that they must follow.
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