What is a willful violator employer?
This fact sheet provides general information concerning willful violator employers under the H-1B program. Special attestations applicable to H-1B-dependent and willful violator employers sunset on October 1, 2003, but were restored effective March 8, 2005 by the H-1B Visa Reform Act of 2004. What is a willful violator employer? Willful violator or willful violator employer, means an employer that meets all of the following standards: • A finding of violation by the employer is entered in either of the following two types of enforcement proceeding: • A Department of Labor proceeding under the Immigration and Nationality Act (INA) 212(n)(2); (8 U.S.C. 1182(n)(2)(C); or • A Department of Justice proceeding under INA 212(n)(5); (8 U.S.C. 1182(n)(5).) • The agency finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and • The agencys finding is entered on or after October 21, 199
