USCIS Contractors Don’t Make the Prevailing Wage

The Department of Labor announced that it has recovered more than $1.4 million in back wages for 237 employees employed by a contractor for the US Department of Homeland Security’s US Citizenship and Immigration Services Vermont Service Center at various locations for failing to pay these workers the prevailing wage for their positions. 

When sponsoring individuals for H-1B status (the most common work-authorized work visa), the employer has to prove to the Department of Labor and the Department of Homeland Security’s USCIS agency that it is paying the prevailing wage for the position.  Therefore, I find it highly ironic that the USCIS will hold employers to a higher standard than it holds its own contractors!

Employers Watch Out for Fines for Employing Undocumented Workers

In Washington, two owners of an engine parts company were fined $100,000 for employing workers not authorized to work in the US, as reported by the New York Times.  This report illustrates the penalties that the Department of Homeland Security is imposing on employers with illegal workers on the payroll.  In 2009, Immigration Customs and Enforcement (ICE) has a $3 billion budget for worksite enforcement actions.  In 2008, it made 1103 criminal arrests of people in connection with worksite enforcement, and 5,184 administrative arrests.  In light of the risks of criminal fines and arrests, employers should review their Form I-9s to ensure compliance with the immigration laws.