April 6, 2017

Labor Department Also Cracks Down on H1B Visa Fraud and Abuse


h1b-visa

The US has decided to crack down on H1B visa fraud and abuse

Washington, DC – The US Department of Labor joined the ongoing efforts of the Trump Administration to protect US workers from H-1B program discrimination by providing greater transparency and oversight.

Throwing its full support behind the other agencies’ efforts, the labor department said, “The department fully supports the US Department of Justice in cautioning employers who petition for H-1B visas not to discriminate against US workers, as well as the US Department of Homeland Security’s measures to further deter and detect H-1B visa fraud and abuse.”

Earlier the White House reiterated its support after the US Department of Justice (DOJ) announced the decision and the US Citizenship and Immigration Services (USCIS) outlined steps to adopt multiple measures to deter and detect H-1B visa fraud and abuse.

The DOJ warning and USCIS steps came on the day (April 3) the federal government began accepting employers’ H-1B visa petitions for the next fiscal year, starting in October. The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science and information technology.

“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against US workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “US workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims,” Wheeler cautioned.

Department of Labor Actions:

The labor department also announced the following actions to protect American workers against discrimination:

Rigorously use all of its existing authority to initiate investigations of H-1B program violators. This effort to protect US workers will also involve greater coordination with other federal agencies, including the departments of Homeland Security and Justice for additional investigation and, if necessary, prosecution.

Consider changes to the Labor Condition Application for future application cycles. The Labor Condition Application, which is a required part of the H-1B visa application process, may be updated to provide greater transparency for agency personnel, US workers and the general public.

Continue to engage stakeholders on how the program might be improved to provide greater protections for US workers, under existing authorities or through legislative changes.

Related article:Trump Administration Cracks Down on H1B Visa Fraud and Abuse

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