Access Therapies to be debarred, ordered to pay $121,400 in penalties and back wages

Under terms of a court order, Indianapolis-based Access Therapies Inc. must pay $81,454 in civil money penalties and $39,946 in back wages to six physical therapists for violations of the H-1B provisions of the Immigration and Nationality Act. The H-1B program allows employers to employ foreign workers temporarily in the U.S. on a nonimmigrant basis in specialty occupations. Access Therapies will be debarred from participation in the H-1B program for a one-year period.

“The rules governing the employment of nonimmigrant workers in specialty occupations are specific and must be followed completely. Failing to do so denies qualified workers an opportunity for meaningful employment in the American economy,” said Thomas Gauza, district director for the Wage and Hour Division in Chicago. “This case shows that the department will not hesitate to bring legal action against employers that continue to short their employees and violate the law.” 

An investigation by the U.S. Department of Labor’s Wage and Hour Division found, among other issues, that the company misrepresented facts on its application when petitioning for and employing H-1B nonimmigrant workers and, as a result, the division issued the company a determination letter seeking the back wages owed. Access Therapies contested those findings and requested a hearing before an Administrative Law Judge, who issued the order that required the company to pay back wages, civil money penalties and interest, and debarred it from the H-1B program for a one-year period.

The investigation found employees were due back wages because they were not compensated with the required prevailing wages for productive work time or for preassignment and post-assignment time, as required. Access Therapies failed to withhold applicable employment taxes, such as payments to Medicare, FICA and federal and state income tax. The company is required to pay such taxes, plus interest and penalties, to the appropriate taxing authorities.

Under the terms of the order, in addition to paying the back wages and penalties, Access Therapies has agreed to enhanced compliance procedures, including records review by the department for a two-year period, and agrees to comply with provisions of the Immigration and Nationality Act in the future.

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

Immigration Bill Creates New Worker Visas, Mandates E-Verify

After months of negotiations, a bipartisan group of senators unveiled sweeping landmark legislation, proposing substantial changes to the country’s immigration laws.

The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, filed April 16, 2013, lays out a 13-year path to citizenship for most of the 11 million people living in the United States illegally, allocates billions of dollars to be spent on border security, creates new legal guest worker programs for low-income jobs and farm labor, mandates the use of E-Verify for most companies hiring new workers and expands overall immigration to the U.S. by 50 percent in the next 10 years.

The bill proposes ways to clears up green card backlogs, raises the cap for H-1B workers and creates a new “W-visa” program for lower-skilled workers.
 
The bill was crafted by four Democratic senators: Charles Schumer of New York, Dick Durbin of Illinois, Robert Menendez of New Jersey and Michael Bennet of Colorado; and Republicans John McCain of Arizona, Jeff Flake of Arizona, Lindsey Graham of South Carolina and Marco Rubio of Florida.

Click here to read more.

Source: SHRM

This information is intended to be educational and should not be considered legal advice on any specific matter.

DOL Awards over $183 Million for Technical Skill Training of US Workers

Grants target industries in 28 states that rely on H-1B visa program for skilled workers

From the ETA News Release  — Secretary of Labor Hilda L. Solis,  on February 22, announced during a conference call with reporters more than $183 million in grants to 43 public-private partnerships serving 28 states through the second round of funding under the H-1B Technical Skills Training Grant Competition. The grants will provide education, training and job placement assistance related to high-growth fields in which employers are currently using the H-1B nonimmigrant visa program to hire foreign workers. These grants are funded through fees paid by employers to bring foreign workers into the United States under the H-1B program. They are intended to raise the technical skill levels of American workers and, over time, help businesses reduce their need to use the H-1B program.
"The federal grant awards announced today will provide U.S. workers with the training they need to succeed in the high tech, high-growth jobs of the future," said Secretary Solis. "Developing a strong and vibrant workforce that fits the needs of American businesses is critical to forming an America built to last."
Last October, the Labor Department awarded more than $159 million to 36 grantees in the first round of the competition. Between the two rounds of grants, more than $163 million has been designated to provide on-the-job training, allowing participants to learn new skills while earning a regular paycheck. More than $200 million has been designated for grantees that serve participants who have been identified as long-term unemployed. The grants also represent significant investments in fields such as information technology, advanced manufacturing and health care.

These grants are funded through fees paid by employers to bring foreign workers into the United States under the H-1B program. They are intended to raise the technical skill levels of American workers and, over time, help businesses reduce their need to use the H-1B program.

Click here to read the full news release and list of grantees