US DOL says Cigniti violated H-1B guidelines

The US Department of Labor has recovered $64,244 from IT services firm Cigniti Technologies for illegally ‘benching’ an H-1B worker in the US, in violation of the visa programme.

In a statement, the DoL said Cigniti Technologies in Irving hired a system analyst under the H-1B visa programme, then failed to use and pay the worker the required prevailing wage for non-productive time—an illegal practice known as ‘benching’.

The investigation by the division’s New Orleans District Office led to the recovery of $64,244 in wages owed to the employee.


“The department’s Wage and Hour Division determined Cigniti Technologies Inc benched the employee illegally over a 15 month period, and failed to pay the full, pro-rated amount of the worker’s prevailing wage for periods of non-productive work. By doing so, the employer violated the requirements of the federal H-1B visa programme,” it said.

“Employers who hire workers under the H-1B visa programme must comply with all legal requirements, which are clearly detailed in the programme’s application process,” said Wage and Hour District director Troy Mouton in New Orleans

In a statement, Cigniti said it had arrived at an amicable settlement with the said employee.

“Cigniti follows the highest corporate governance and follows robust HR practices in India and across global subsidiaries. The said employee left Cigniti with an amicable settlement more than six months ago and the case is closed,” the company said in the statement.

A subsidiary of Cigniti Technologies Ltd in India, Cigniti Technologies Inc provides staffing services and information technology support, including software development, programming analysis and engineering services. The company employs US and H-1B workers in the US.