3. Information on H-1B Employer Committing Alleged Violation
Name of Employer/Company:
Address:
Number, Street City State ZIP Code
Employer Representative to be Contacted:
Telephone Number (including area code):
4. Description of Alleged H-1B Violations
Please check the appropriate box(es), (a) through (q), which best describe the violation of the H-1B
provisions of the Immigration and Nationality Act which you believe have occurred. In section 8,
identify each item checked and describe, in as much detail as possible, the facts and circumstances
which cause you to believe that violations have occurred.
(a) Employer supplied incorrect or false information on the Labor Certification Application (LCA).
(b)
Employer failed to pay H-1B worker(s) the higher of the prevailing or actual wage.
(c)
Employer failed to pay H-1B worker(s) for time off due to a decision by the employer (e.g., for
lack of work) or for time needed by the H-1B worker(s) to acquire a license or permit.
Employer made illegal deductions from H-1B worker's wages (e.g., for H-1B petition
processing; for food and housing expenses while the worker Is traveling on employer's business; for
tools and equipment necessary to perform employer's work).
(d)
Employer failed to provide fringe benefits to H-1B worker(s) equivalent to those provided to
(e)
U.S. worker(s) (e.g., cash bonuses, stock options, paid vacations and holidays, health benefits,
insurance, retirement and savings plans).
Employer does not afford H-1B worker(s) working conditions (hours, shifts, vacation periods)
on the same basis as it does U.S. worker(s), or the employment of H-1B worker(s) adversely affects
the working conditions of U.S. worker(s).
(f)
(g) Employer failed to comply with "no strike/lockout" requirement by: 1) placing or contracting
out H-1B worker(s) during the validity period of the LCA to any place of employment where there is a
labor dispute; 2) failing to notify the DOL, within 3 working days of the occurrence, of such a labor
dispute; or 3) using an LCA for H-1B worker(s) to work at a site before the DOL has determined that a
labor dispute has ended.
Employer failed to provide employees or their collective bargaining representative, either by
hard copy posting or electronically, notice of its intentions to hire H-1B worker(s), or has failed to
provide H-1B worker(s) with a copy of the LCA.
(h)
(i) Employer required H-1B worker(s) to pay all or any part of $750/$1500 filing fee.
Employer imposed an illegal penalty on H-1B worker(s) for ceasing employment with the
employer prior to a date agreed upon by the worker and employer.
(j)
(k)
Employer retaliated or discriminated against an employee, former employee, or job applicant
for disclosing information, fling a complaint, or cooperating in an investigation or proceeding about a
violation of the H-1B laws and regulations (i.e., whistleblower).
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