Enforcement Advisor

Worksite Enforcement, Employer Compliance
& Business Immigration News
Volume 5, Issue 5June 2012
In This Issue
H-1B Cap Reached for FY 2013
Technology Company Agrees to Pay More Than $740,000 in Back Wages to H-1B Workers
SSA Revised Guidance on Employment Authorization
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H-1B  Cap Reached for FY 2013   
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On June 11, 2012, U.S. Citizenship & Immigration Services (USCIS) received sufficient H-1B petitions to reach the cap for fiscal year 2013.  On June 7, USCIS also received more than 20,000 H-1B petitions for the advanced degree cap. All cap-subject petitions received on or after June 12 will be rejected.  

 

USCIS will begin accepting  H-1B petitions for its 2014 fiscal year on April 1, 2013, for employment starting on October 1, 2013 or later.

 

  



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 Technology Company Agrees to Pay More Than $740,000 in Back Wages to H-1B Workers
 

On June 12, the U.S. Department of Labor (DOL) announced that Semafor Technologies LLC of Norcross, Georgia agreed to pay 73 employees a total of $741,288 in back wages following the DOL's Wage and Hour Division's finding that the employer violated the wage provisions of the H-1B visa program. The company specializes in software development, on-site/off-site application outsourcing, infrastructure, consulting and product development services.

 

The division's Atlanta District Office determined that Semafor Technologies failed to pay 54 H-1B workers for periods of time during which they were nonproductive or "benched" because the company did not assign any work. In addition, five workers were not reimbursed for various processing fees related to their employment, and 14 workers were not reimbursed for processing fees or paid for periods without assigned work.

 

"The Labor Department is committed to protecting the rights of all workers employed in this country," said Janet Campbell, director of the division's Atlanta office. "As demonstrated by the resolution of this case, we are using all tools available to remedy violations, promote accountability, and ensure a level playing field for law-abiding employers and legitimate users of the foreign guest worker programs."

 

Semafor Technologies is contacting the affected workers and is paying the wages due under the agreement. Company President Phani Paladugu also agreed to implement new payroll and time-keeping procedures to ensure future compliance with H-1B program requirements.

 

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SSA Revised Guidance on Employment Authorization

 

The Social Security Administration (SSA) has revised its guidance on employment authorization for nonimmigrants. Now dated May 21, 2012, the Program Operations Manual System (POMS) RM 10211.420 includes information relating to:

 

  • Policies for nonimmigrant employment authorization
  • Acceptable forms of evidence confirming employment authorization
  • Validity periods of employment authorization
  • Automatic extensions of employment authorization documents (EADs)
  • Categories of nonimmigrants who may currently hold EADs
  • Procedures to be followed when a social security number (SSN) applicant submits an EAD as evidence of lawful status
  • Policies that apply to employment authorizations based on class of admission

 

POMS is a primary source of information for social security employees to process claims for social security benefits.