Aleutian Capital Partners v. Pizzella Best Lawyers in Chandigarh

Best Lawyers in Chandigarh The Second Circuit affirmed the district court's decision affirming the Board's conclusion that Aleutian violated certain statutory and regulatory requirements governing the H-1B temporary foreign worker program, and order requiring Aleutian to pay back wages to two Program workers. The court held that agency regulations duly promulgated under the statute unambiguously require H-1B employers to make wage payments in "prorated installments," "no less often than monthly." Therefore, the court concluded that an employer's failure to satisfy this requirement constitutes a failure to comply with the Immigration and Nationality Act's overall "required wage obligation"—a conclusion that supports DOL's award of back wages to Employee Gangjee. The court declined to adopt the proposed limitations on DOL's investigatory authority by holding that DOL's investigation into an H-1B Program complaint may not exceed the specific allegations of misconduct made in that complaint. Rather, the court affirmed DOL's authority to investigate Aleutian's compliance with the H-1B Program's wage requirement as to Employee Horn, as well as to Gangjee. The court stated that such an inquiry was reasonably within the scope of DOL's investigative authority into the allegations made in Gangjee's complaint and is lawfully contemplated by Program regulations. View "Aleutian Capital Partners v. Pizzella" on Justia Law

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