ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Chris Musillo on Nurse and Allied Health Immigration

H-1B BENCHING FIRM INDICTED

Rate this Entry

by Chris Musillo


A Texas IT services firm, Dibon Solutions, has just been indicted by federal authorities, who allege that Dibon unlawfully benched H-1B employees, reports Computerworld.   Six Dibon Solutions employees have been arrested.

Dibon's business model, which is permissible for US workers, is impermissible for H-1B workers.  The model called for Dibon to place H-1B employees at third-party client worksites, as those third-party clients needed IT services.  When there was no client work, Dibon benched the employees and did not pay the H-1B workers the requisite H-1B wage, which is the alleged illegal act.   

The U.S. Department of Labor requires that H-1B employers pay H-1B workers their full H-1B wage, even if the H-1B worker is not working.  The H-1B employer has the option of terminating the H-1B worker, which disolves the H-1B employer's wage obligation.  However, if the H-1B employer wishes to re-hire the terminated H-1B employee, the H-1B employer must file a new H-1B petition with the USCIS and may be required to file a new Labor Condition Application with the DOL. 

Computerworld's Patrick Thibodeau notes that the last headline-grabbing H-1B visa fraud case involved Vision Systems Group in 2011.  The Vision Systems Group case alleged $7.1 million in violations, but the USCIS quietly settled for $236,250.  It remains to be seen if the Dibon Solutions case will mirror Vison Systems Group or result in more serious penalties.  The fact that six employees have been arrested certainly means that the US believes that these charges are serious.


Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.

Submit "H-1B BENCHING FIRM INDICTED" to Facebook Submit "H-1B BENCHING FIRM INDICTED" to Twitter Submit "H-1B BENCHING FIRM INDICTED" to Google Submit "H-1B BENCHING FIRM INDICTED" to StumbleUpon Submit "H-1B BENCHING FIRM INDICTED" to Reddit Submit "H-1B BENCHING FIRM INDICTED" to Digg Submit "H-1B BENCHING FIRM INDICTED" to del.icio.us

Tags: None Add / Edit Tags

Comments

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: