Wage and Hour Division (WHD)

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DETROIT --

Excel Electrocircuit, Inc., a Lake Orion, Mich., manufacturer of circuit boards used in automotive and other industries, has agreed to pay $34,000 back wages to five non-immigrant workers and $10,500 in fines for immigration law violations, the U.S. Labor Department announced today.

The company will also be barred from utilizing the H-1B visa program for at least one year. The H-1B program provides for professional-level foreign workers to be temporarily admitted to work in the United States.

An investigation by the Labor Department’s Wage and Hour Division found that H-1B workers employed as engineers at Excel were required to kick back part of their pay to the company and therefore did not receive the full wages required under the H-1B program. The law requires that H-1B visa holders always be paid in full at least the wage rate prevailing in the local area for the particular occupation.

The charges were settled in legal proceedings confirmed by order of a U.S. Department of Labor Administrative Law Judge (ALJ) on Dec. 22, 2006. The ALJ order affirmed investigation findings that Excel substantially failed to pay required wages, misrepresented material facts on H-1B applications submitted to the Labor Department, required or accepted payment by the workers of the fee incurred in filing an H-1B petitions, failed to maintain required records, failed to cooperate and impeded the Labor Department investigation.

Wage and Hour district director James Smith in Detroit said: “The H-1B program helps meet the legitimate needs of U.S. employers, while at the same time ensuring that employers gain no economic advantage by using temporary foreign workers instead of U.S. workers. The Department of Labor is committed to vigorously enforcing all H-1B requirements.”

The H-1B visa program allows foreign workers in professional occupations such as computer programmers, engineers, physicians, and teachers to enter and work temporarily in the U.S. H-1B workers must be paid the same wage rates and benefits as those paid to U.S. workers already doing the same job in the same area.

The Wage and Hour Division enforces the H-1B wage provisions of the Immigrant and Nationality Act, in addition to other federal laws pertaining to wage payments. The agency’s Web site provides detailed information about hiring foreign workers at www.dol.gov/compliance/audience/foreign_workers.htm.

For more information please visit www.wagehour.dol.gov or call toll free at 1-866-4US-WAGE.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at (202) 693-7828 or TTY (202) 693-7755. The Labor Department is committed to providing America’s employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.