When an employer employs foreign professional workers in H-1B status, it is obligated to pay wages that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.
When an employer employs foreign professional workers in H-1B status, it is obligated to pay wages that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.
When employers do not comply with this requirement, the Department of Labor (DOL) can request back wages on behalf of these employees. That is what happened recently when the DOL obtained nearly $1 million in back wages on interest on behalf of 135 H-1B workers employed with Smartsoft International. It is important that employers who employ H-1B workers understand their responsibilities and comply with their H-1B related obligations.
To read the DOL release on the Smartsoft case, please click here.