The Course · Lesson 5
DOL-designated H-1B willful violators
- Disqualification
- Minimums vary
- Found by
- DOL
- List
- Public
- Badge
- Red
The record comes first
The label on this site
The red willful-violator badge marks a stored enforcement record on the employer page and the leaderboard. The enforcement page lists stored determinations. Check the underlying DOL decision, named legal entity, and dates before you describe a finding. Record these four facts:
- Agency
- Record the agency or adjudicator named in the source. Do not infer a missing decision-maker.
- Finding date
- Record the determination date shown by the source.
- Covered period
- Record any covered violation period separately. A finding date does not supply that period.
- Status
- Read disqualification dates in the actual determination or agency record. The willful-violator list supplies determination dates only. The rule sets minimum periods by violation tier, not a universal three-year maximum.[2]
Willful vs. a routine violation
Willful vs. a routine violation
| Routine violation | Willful violation |
|---|---|
| No finding of willful failure under the wage and working-condition rules.[3] | Knowing failure or reckless disregard under the wage and working-condition rules. |
| Remedies depend on the violation; they can include back wages, penalties, or disqualification. | Minimum two years for the willful tier; minimum three years for specified willful violations with displacement. |
| Does not appear on this site as a flag. | Carries a red willful-violator badge. |
What willful means legally
What “willful” means legally
For the wage and working-condition obligations identified in 20 CFR 655.805(c), willful failure means knowing failure or reckless disregard. A public filing pattern does not establish that finding.
The consequences are severe. They are public. A willful violator is:
- Disqualification periods are minimums. Under 20 CFR 655.810(d), the minimum is one year for the first violation tier, two years for the willful or discrimination tier, and three years for specified willful violations with displacement. Read the determination and published dates for the named employer.
- Published on the public WHD willful-violator list, so readers can find the named entry and determination date.
- Subject to civil money penalties and, in some cases, back-wage orders for affected workers.
How to read the label
How to read the label
A willful-violator badge points to a stored enforcement record. Check its source and dates; it does not establish current wrongdoing. When you see it:
- Read what the source actually decided. Which rule and workers did it cover? Does later evidence show the same conduct?
- Check the named legal entity. A similarly named or newly formed employer does not inherit a finding merely because an address or representative overlaps. Verify ownership and the scope of the determination.
- Compare later filings with the actual disqualification dates. A filing after the period ends is not proof of a continuing bar. An LCA certification is also different from USCIS petition approval.[4]
See it in the data
Try it on the live site
FAQ
Questions about the data & methods
What is a willful H-1B violator?
For the wage and working-condition obligations in 20 CFR 655.805(c), willful failure means knowing failure or reckless disregard. Read the named determination, remedies and dates. Disqualification minimums vary by violation tier; a historical list entry does not establish a current bar.
Which employers are willful violators?
The enforcement page links stored agency records and associated employer filings. Coverage can be incomplete. Check the legal entity, dates and source before drawing a conclusion about later conduct.
What penalty do willful violators face?
DOL can order back wages and assess civil money penalties for the stated violations. Certain violations also require petition-approval disqualification for the stated minimum period. Read the determination and dates. On this site, the WHD data page totals recorded assessed amounts. Those totals do not establish payment or recovery.
References
- [1] Primary record · DOL Wage and Hour Division. H-1B Willful Violator List. List effective October 1, 2026; named employers and willful-violation determination datesThis list gives determination dates, not disqualification periods. A historical listing does not prove a current bar or wrongdoing by a similarly named entity.Checked 2026-10-17.
- [2] Law or rulemaking · eCFR. Back wages, penalties, and disqualification. 20 CFR 655.810(a)–(b), (d): back wages, civil money penalties and minimum petition-approval disqualification periodsParagraph (d) gives minimum disqualification periods of one, two, or three years by violation tier. Paragraphs (a)–(b) cover back wages and penalties.Checked 2026-10-18.
- [3] Law or rulemaking · eCFR. Willful violations. 20 CFR 655.805(c)Knowing failure or reckless disregard. A public-data indicator is not this finding.Checked 2026-10-08.
- [4] Law or rulemaking · eCFR. H-1B petitions and specialty occupations. 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial noticesPetition approval, visa issuance, admission, and work authorization are separate steps.Checked 2026-10-17.
Lesson 6 follows the paper trail to the addresses behind the labels.