Investigation Authority

There are four specific authorities by which the Wage and Hour Division (WHD) can conduct an investigation of an H-1B employer:

1. A complaint from an aggrieved party or organization alleging a violation of the regulations (Subpart H and I of 20 C.F.R. 655) that has occurred within the 12 month period prior to the filing of a complaint.
2. Credible information from a known source that an H-1B employer willfully failed to meet certain LCA conditions, has engaged in a pattern or practice of failures to meet such conditions, or has committed a substantial failure to meet such conditions that affects multiple employees.
   
   The conditions include: wages, benefits, working conditions, strike/lock out, displacement of U.S. workers, displacement of U.S. workers by secondary employer*, and recruitment of U.S. workers*.
   (* only applies to H-1B dependent employers and willful violator employers)
   
   Examples of a credible source include:
   1. Neighboring non-competitor who was told by H-1B workers that they were not being paid for travel expenses;
   2. Payroll service who was instructed to illegally reduce the wages of H-1B workers;
   3. Community activist who reports that H-1B workers have reported that they are not paid for all hours of work;
   4. Police officer who reports that H-1B workers did not receive their last paychecks.
3. Random investigation of an H-1B employer who was previously determined (within the past 5 years) by Department of Labor or Department of Justice to be a willful violator of the LCA attestations. (H-1B Willful Violator List of Employers).
4. Personal certification by the Secretary of Labor that there is reasonable cause to believe that the H-1B employer is not in compliance with the LCA attestations.

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H-1B Advisor Glossary of Terms | Wage and Hour Division