Punishment for violation of LCA
American law provides for stringent penal punishments to employers with heavy fine and imprisonment for H1B violations in respect of Labor Certification Application.
Code of Federal Regulations – 20 CFR 655.805
In terms of the above allied regulations, an employer can be tried, if found guilty of
- Knowing and willful submission of false statements to the Federal Government;
- Failure to pay wages (including payment of wages for certain non-productive time);
- Filing an LCA for H1B during a strike or lockout;
- Failure to specify accurately on the LCA, the number of workers, classification, the wage rate conditions, etc.,;
- Displacing a US worker as prohibited in the above rules;
- Forcing an employee to pay a penalty for ceasing employment prior to an agreed upon date etc.