USDOL Targeting H-1B Pay/Benefits Compliance

The US Labor Department is aggressively investigating compliance with the wage-rate and benefits commitments employers must make in an H-1B Labor Condition Application (LCA). These investigations are usually triggered when an H-1B employee complains that the employer failed to pay the LCA wage.

The H-1B program allows foreign nationals to work in the US in professional or specialty jobs. However, the employer must attest, among other things, that it will:

• Pay the H-1B employee at least the prevailing wage set by DOL based upon job duties and the employment location, and
• Offer the foreign worker benefits comparable to those offered to US workers in the same job classification.