On February 18, DOL's Wage and Hour Division announced that it had cited Peri Software Solutions, Inc. for H-1B regulatory violations.  DOL found that $1,456,4222 in back wages were owed to 163 H-1B workers at the information technology consultancy.  DOL also cited the employer for an additional $439,000 in civil money penalties based on the failure to pay the prevailing wage, and for requiring its H-1B employees to sign employment agreements and then suing the employees if the employees did not remain with the company.  DOL is additionally seeking a two-year debarment of Peri Software Solutions from the H-1B program.  If debarred, the company may file no H-1B petitions during the debarment period.

This announcement comes soon after the administrative law decision, Advance Professional Marketing, we previously discussed in February's Immigration Spotlight, where the employer was assessed more than $512,000 in civil money penalties, and up to $2.9 million in back wages for similar H-1B violations.  It is clear that DOL is now taking an aggressive approach to H-1B enforcement.  Employers must carefully prepare and maintain their LCA documents, and ensure that H-1B workers are being paid at both the prevailing wage rate within the locality, and the actual wage rate within the company.  Employers should never impose a contractual penalty on H-1B workers for leaving the company's employ, as this is barred by the regulations.

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