The Department of Labor's Administrative Review Board held an employer liable pursuant to the employer's obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA).
The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA.
Conclusion:
- H-1B Employers must be careful to carefully fulfill their obligations.
- H-1B Employees should contact a competent attorney if they are concerned about their employers actions.