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Enforcement Actions   ==> Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.

In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.

 


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