Immigration Law

Recent Posts

H-1B Nurse Manager Owed Fees, Back Wages (Benching) - Matter of DeDios v. Medical Dynamic Systems, Inc.
Posted on 18 May 2016 by Daniel M. Kowalski

Matter of DeDios v. Medical Dynamic Systems, Inc., May 17, 2016 - "Respondent violated H-1B wage laws. It is hereby ORDERED: 1. Respondent must pay $3,600.00 to Complainant, which represents the amount Complainant paid in connection with his H-1B... Read More

Tags: benching , H-1B , dedios

H-1B 'Benching' Visa Fraud Indictment Unsealed in Texas
Posted on 5 Mar 2013 by Daniel M. Kowalski

"A Texas IT services firm has been indicted by federal authorities for using H-1B visa workers to create an inexpensive "as needed" labor force. A multi-count indictment filed last month charged that Dibon Solutions of Carrollton, Texas... Read More

ARB on H-1B Benching Violations, Illegal Fee Deductions: Matter of Greater Missouri Medical Pro-Care Providers, Inc.
Posted on 5 Feb 2014 by Daniel M. Kowalski

"We AFFIRM the ALJ’s finding that the scope of a Wage and Hour investigation initiated in response to an aggrieved party complaint is not limited to the allegations contained in that complaint. We also AFFIRM the ALJ’s evidentiary rulings... Read More

Research Co. Owes Almost $300K for H-1B Benching, Illegal Fees: Care Worldwide
Posted on 18 Sep 2015 by Daniel M. Kowalski

"ORDERED: 1. Complainants’ Motion For Summary Decision is GRANTED; 2. Respondents will pay Complainant Almonte $134,750 in back wages, plus pre-judgment and post-judgment interest, in accordance with 26 U.S.C. § 6621, less proper withholding;... Read More

$23K Award in H-1B Benching Case: Komakula v. Aqua Information Systems
Posted on 11 Mar 2016 by Daniel M. Kowalski

Komakula v. Aqua Information Systems, Mar. 9, 2016 - "1. The Prosecuting Party paid $5,225 to the Respondent as fees for his H-1B petition in violation of the Act. Accordingly, I find that the Respondent must to remit the $5,225 payment to the Prosecuting... Read More

H-1B LCA case from OALJ: liquidated damages, benching, impermissible fees
Posted on 24 Oct 2011 by Daniel M. Kowalski

Long (97 pages!) but worth reading for analysis of liquidated damages under Missouri law, benching, impermissible fees, and more. Matter of Greater Missouri Medical Pro-Care Providers, Inc., 2008-LCA-26, Oct. 18, 2011 . Read More

W.D. Mo. on H-1B Benching, Illegal Fee Shifting: Greater Mo. Medical Pro-Care Providers, Inc. v. Perez
Posted on 2 Nov 2014 by Daniel M. Kowalski

"This case originated on or about June 23, 2006 when Alena Gay Arat, a therapist from the Philippines, submitted an H-1B complaint against Greater Missouri. Arat made several allegations, including: Greater Missouri failed to pay her and other H... Read More