An employer willfully fails to comply with and substantially violates the Immigration and Nationality Act when it receives communication of the notice-posting requirements and fails to notify United States workers at each place where an H-1B nonimmigrant will be employed that it seeks to hire nonimmigrant workers. Camo Technologies, Inc. (CTI) participated in the H-1B nonimmigrant program authorizing the employment of qualified individuals who are otherwise unable to work in the U.S., and received an explanation of the notice-posting requirements from a Wage and Hour Investigator on numerous occasions, specifying that workers “at the place of employment” should be able “to easily read or see the notice.” Nevertheless, CTI did not post notice at sites where it sent nonimmigrant workers. An employer must provide notice to U.S. workers 30 days before it files a Labor Condition Application indicating that it seeks to hire nonimmigrants. Notice should be posted at each place where any H-1B nonimmigrant will be employed. The Administrative Review Board held that CTI willfully violated the INA’s H-1B notice-posting requirement because it knowingly failed to meet the notice-posting requirements when it did not post at the places of employment despite communication of the requirements and was thus subject to civil money penalties and referral for debarment.
See U.S. Dep’t of Labor v. Camo Technologies, Inc., ARB Case No. 11-026, 2012 WL 3876172 (Dep’t of Labor Aug. 31, 2012); see also H-1B Program, U.S. Dep’t of Labor Wage and Hour Div., http://www.dol.gov/whd/immigration/h1b.htm#.UIVRBmk5xbo.
(Development authored by Angela Bouliakis)