H-1B guidelines: The US Department of Labor has recovered $64,244 from IT services firm Cigniti NSE – 1.81 % Technologies for illegally ‘benching’ an H-1B worker in the US, in violation of the visa program.
In a statement, the DoL said Cigniti Technologies in Irving recruited a system analyst under the H-1B visa program, then, neglected to utilize and pay the worker the necessary prevailing wage for non-productive time—an illegal practice known as ‘benching’.
Also, the investigation by the division’s New Orleans District Office led to the recovery of $64,244 in wages owed to the employee.
DOL says Cigniti violated H-1B guidelines
“The department’s Wage and Hour Division determined Cigniti Technologies Inc benched the employee illegally for more than a 15 month period and failed to pay the full, pro-rated amount of the worker’s prevailing wage for periods of non-productive work. By doing so, the employer violated the requirements of the federal H-1B visa program,” it said.
“Employers who hire workers under the H-1B visa program should conform comply with all legal requirements, which are obviously detailed in the program’s application process,” said Wage and Hour District chief Troy Mouton in New Orleans.
In a statement, Cigniti said it had arrived at an amicable settlement with the said employee.
“Cigniti follows the highest corporate governance and follows robust HR practices in India and across global subsidiaries. The said employee left Cigniti with an amicable settlement over a half year ago and the case is closed,” the company said in the statement.
A subsidiary of Cigniti Technologies Ltd in India, Cigniti Technologies Inc gives staffing services and information technology support, including software development, programming investigation, and engineering services. The organization employs US and H-1B workers in the US.