U.S. Department of Labor Investigation Results in Southern California Company Paying Employees $58,815 for H-1B Visa Program Violations

LOS ANGELES, CA – Login Consulting Services Inc. – a staffing and recruitment company based in El Segundo, California – has paid $58,815 to two employees after a U.S. Department of Labor’s Wage and Hour Division (WHD) investigation found violations of the H-1B foreign labor certification program.

WHD investigators found the employer illegally charged one employee for visa petition fees, which the law requires the employer to pay. The employer also “benched” that worker, a term used to describe when an employer fails to pay an H-1B employee when work is slow, for example. The investigation also found that the employer paid another employee less than the hourly rate guaranteed in the Labor Conditions Application they submitted when applying to the H-1B program, resulting in another violation.

“Employers who wish to hire guest workers must fully familiarize themselves with the H-1B foreign labor certification program. The program is there to help American companies find the highly skilled talent they need when there is a shortage of U.S. workers,” said Wage and Hour Division District Director Kimchi Bui, in Los Angeles, California. “The resolution of this case demonstrates our commitment to safeguard American jobs, level the playing field for law-abiding employers, and ensure no one is being paid less than they are legally owed.”

Login Consulting Services Inc. provides services to private corporations, technology firms, and state and local government agencies. Those recruited and employed by the firm primarily serve in positions relating to software development, computer engineering, and business data analysis.

To deter and detect abuse, U.S. Citizenship and Immigration Services has established an email address to enable individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations, and other relevant information about potential H-1B fraud or abuse. Individuals also can report allegations of H-1B violations by submitting Form WH-4 to the Division.

Learn more information about the Department’s foreign labor certification program. Learn more about enforcement of the nondiscrimination requirements of the H-1B program.