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Posted by
admin on Monday, March 27 @ 19:51:41 EST
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Software and mortgage companies violate immmigration H-1b laws
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admin on Monday, March 27 @ 19:51:41 EST
: " Software and mortgage companies violate immmigration laws
By TODD MCHALE
Burlington County Times
CINNAMINSON — A local software company and a northern New Jersey mortgage company have been found in violation of the Immigration and Nationality Act and ordered to pay back wages to more than a dozen specialized foreign workers.
An administrative law judge from the U.S. Department of Labor ruled that Priority I Software Solutions LLC of Cinnaminson and Home Mortgage Co. of America Inc. of Hamburg, Sussex County, must pay a total of $567,090 in back wages to 16 foreign workers hired under what is known as the H-1B visa program.
Leni Uddyback-Fortson, spokeswoman for the U.S. Department of Labor, said Priority 1 Software Solutions did not pay two workers from Turkey the prevailing wage as required under the visa program.
The H-1B visa program permits U.S. employers to temporarily hire foreign workers to fill jobs requiring “highly specialized knowledge” and a bachelor's degree or higher.
Employers must pay foreign workers at least the same wage as they do other employees who perform the same type of work, or the prevailing wage in the area.
“When company applies to the (H-1B visa program), they must document what workers will be doing and what the prevailing wage is for that position,” Uddyback-Fortson said. “The program is not to undercut U.S. workers.”
According to court documents, Priority I filed the necessary documents with the Labor Department in order to secure work visas for two Web developers, Ali Batuk and Emrah Gozcu, to work on computer security software being marketed by the company, and other computer related tasks.
The prevailing wage was listed as $58,500. However, Batuk testified that he was only given “pocket money,” between $50 and $100 a week while employed at Priority I from May 2001 to February 2002.
Gozcu was employed at the company from July to September of 2001.
Batuk and Gozcu were given housing accommodations in Moorestown while employed at the company, but that was not listed as part of the employee pay.
Anthony Corradetti, president of Priority I, disputed the determination during a hearing in Cherry Hill last year, contending that Batuk and Gozcu were shareholders in the company.
The judge disagreed and ruled earlier this month that Corradetti must pay $54,054 to the Labor Department's regional manager to be distributed to Batuk and Gozcu for back wages.
Corradetti could not be reached for comment.
In the North Jersey case, an administrative law judge held that Home Mortgage Co. of America Inc., and its president, Roland David, willfully failed to pay 14 foreign workers the prevailing wages required by law.
The defendants also misrepresented the job classifications on the applications used to obtain employment status for the workers. The company and David were ordered to pay $513,036 in back wages and $84,000 in civil money penalties. The company also was disqualified in the H-1B visa program for two years.
E-mail: TODD MCHALE "
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