By: Bruce Buchanan, Sebelist Buchanan Law

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An Administration Law Judge of the Department of Labor has found another instance of an H-1B violation by the petitioning employer. In this case, the ALJ ordered Fischer Health & Rehab Center LLC, a company based in New Jersey, to pay Virgilio Ruiz Jr., a Filipino national, $60,000 in back wages for violations of the H-1B visa program. This order was based upon a consent decree with Fischer Health & Rehab Center.

The H-1B validity period was December 6, 2010 until October 1, 2013. The back wages will be paid out as follows: $25,000 upon execution of the agreement followed by five monthly payments of $7,000 each.

As a reader of my immigration compliance blog, you may have observed an increase in H-1B violation and/or fraud cases. There is no clear answer why but one can speculate employers believe H-1B employees will just go along with the employer’s scheme and not file a complaint. These cases demonstrate this assumption is incorrect.