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Immigration Law

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining their J-1 waivers and H-1B visas, and civil penalties. Kutty ran medical clinics in Tennessee and Florida under several corporate entities. Ten physicians employed by the clinics filed a complaint with the DOL claiming wage violations under the Immigration and Nationality Act (INA), 8 U.S.C. § 1101 et seq. The Administrator of the Wage and Hour Division determined that Kutty and the medical clinics violated numerous INA provisions. An Administrative Law Judge (ALJ) affirmed, found the clinics liable for back wages and the costs of obtaining J-1 waivers and H-1B visas, held Kutty personally liable for the violations, and assessed a civil penalty. The ARB affirmed the ALJ’s decision, and the district court dismissed Kutty’s petition for review and affirmed the ARB’s decision. Kutty appeals and we AFFIRM." - Kutty v. DOL, Aug. 20, 2014.