USDC UPHOLDS DOL PENALTIES IN PHYSICIAN H-1B BENCHING CASE

The U.S. District Court for the Eastern District of Tennessee in Knoxville upheld the judgment against a medical clinic owner for allegedly violating the INA by cutting the wages of H-1B physicians (benching). Petitioner reduced the wages in part by requiring the doctors to pay J-1 waiver and H-1B fees and costs. Case is Kutty v. DOL No. 3:05-CV-510. The DOL also assessed back wages totaling $1,044,940 and civil monetary penalties in the amount of $108,800.