Business Owner Personally Liable for LCA Wage Violations under the INA: Sixth Circuit | Practical Law
This US immigration update discusses Kutty v. US Department of Labor, in which ten physicians employed by a medical clinic operator under numerous different corporate entities filed a complaint with the Department of Labor (DOL) claiming Labor Condition Application (LCA) wage violations under the Immigration and Nationality Act (INA). The US Court of Appeals for the Sixth Circuit held that the costs, including attorneys' fees, of obtaining H-1B visas and J-1 waivers are business expenses and that the Administrative Law Judge (ALJ) did not err in piercing the corporate veil and holding the business owner personally liable for back wages and penalties.