Arvind Gupta v. Marty Walsh, Secretary, Department of Labor, et al.

The question presented is: Whether employers can have legally enforceable private settlement agreement with the nonimmigrant worker to pay less than the wages required under the ‘INA’. To provide context to the question presented the text of 8 XJ.S.C. § 1182 (n)(l)(A)(i)-(ii) is reproduced below: No alien may be admitted or provided status as an H-1B nonimmigrant in an occupational classification unless the employer has filed with the Secretary of Labor an application stating the following: (A) The employer— (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least— (I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or (II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the application, and