Newark-based Peri Software and its owner have agreed to pay $638,449 in back wages and interest to 67 employees after the company misused the H-1B visas the workers used to enter the United States.
Employers that use highly skilled workers may use H-1B visas to bring in a limited number of foreign workers each year.
H-1B visas are issued exclusively to foreign employees of companies unable to find American workers with the appropriate skills. Employers must pay foreign workers the same wages paid to American workers who perform the same work or the prevailing wage for that type of work, whichever is higher.
According to the U.S. Department of Labor’s Wage and Hour Division, Peri Software never advertises the positions to American workers, in violation of the H-1B rules. The company also paid foreign workers less than H-1B requirements stipulate and sued them when they left their positions before the end of their contracts.
All those actions violated the Immigration and Nationality Act. Peri Software settled after the DOL filed a lawsuit.