But Ron Hira, vice president of career activities at IEEE-USA and an assistant professor of public policy at the Rochester Institute of Technology in Rochester, N.Y., argued that the DOL's enforcement mechanism is weak because it relies on complaints from H-1B workers. The DOL doesn't have the power to make spot audits of companies, something Hira said the agency needs if it is to be proactive about such cases.

Hira sees the settlement as something of a disincentive for H-1B workers, because it took six or seven years to resolve and is no windfall for the workers affected.

H-1B worker visas are issued for up to six years.