U.S. Department of Labor H-1B Visa Program Litigation Results In Back Wages, Fines and Debarment for Beauty Products Distributor

FARMERS BRANCH, TX – Attorneys from the Dallas Regional Solicitor office obtained a favorable settlement against an employer for violations of the H-1B provisions of the Immigration and Naturalization Act.  The violations against Joon Beauty Line Corporation include failing to pay wages as required to a H-1B worker, failing to maintain a public access file, and substantially failing to provide notice of the filing of the Labor Contract Agreement at each place of employment where any H-1B worker will be employed. The employer paid $13,851 in back wages, $500 in civil money penalties, and agreed to a one-year debarment from the H-1B foreign labor certification program to resolve a lawsuit before the U.S. Department of Labor’s Office of Administrative Law Judges.

“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 Jesus A. Valdez, in Dallas, Texas. “Failure to comply can lead to back wage liability, civil money penalties, and debarment from the program, as it did in this case.”

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.