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DOL Increases its H-1B LCA Penalties Due to Inflation

On July 1, 2016, the U.S. Department of Labor published notice increasing its civil monetary penalties due to inflation, as required by the Federal Civil Penalties Adjustment Act of 1990 and amended by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015.

Under the proposed, interim rule, DOL will increase the civil monetary penalty per violation from $1,000 to $1,782 for a violation pertaining to a strike or lock out, or a substantial notice violation required by the LCA, or for misrepresentations on the LCA, or for an early termination penalty paid by the employee, or for violation of the public access provisions.

For willful failure relating to wages, working conditions, a strike or a lock out, willful misrepresentation on the LCA, or discrimination against the employee, DOL will increase its  civil monetary penalty per violation from $5,000 to $7,251.

And for an employer that displaces a U.S. worker during the period 90 days before and 90 days after the filing of an H-1B petition relating to willful violations of wages, working conditions, strike or lockout, or a willful misrepresentation on an LCA, DOL will increase its civil monetary penalty per violation from $35,000 to $50,758.

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