Greater employer-employee scrutiny, changes in Labor Condition Application and inputs from the stakeholders are among immediate actions to ensure compliance to H-1B norms.
US Department of Labor (DOL) has announced actions that would ensure that native workers are not discriminated through the H-1B program. This announcement comes within a day after the US Citizenship and Immigration Services (USCIS) issued warning to violators of H-1B program to refrain from abuse and fraud.
“The department fully supports the US Department of Justice in cautioning employers who petition for H-1B visas not to discriminate against U.S. workers, as well as the U.S. Department of Homelands Security’s measures to further deter and detect H-1B visa fraud and abuse,” the news media statement read on Tuesday, April 4.
The DOL said that it has identified three action to ensure that the program is not misused. These include “Rigorously use all of its existing authority to initiate investigations of H-1B program violators”, “Consider changes to the Labor Condition Application for future application cycles”, and “Continue to engage stakeholders on how the program might be improved to provide greater protections for U.S. workers, under existing authorities or through legislative changes.”
The news release reiterated the USCIS established email address [REPORTH1BABUSE@USCIS.DHS.GOV] where individuals can complain regarding H-1B fraud and abuse. “Individuals also can report allegations of H-1B violations by submitting Form WH-4 to the department’s Wage and Hour Division,” the statement read.
H-1B program is the primary, non-immigrant visa category for highly skilled foreign workers. The Trump administration has come down heavily to curb rules restricting the use of H-1B program. Opponents of the program argue that it has crowded the US companies with cheaper labor and has left native workers unemployed. In addition, anti-immigrant groups such as Save Jobs USA has filed law suits to block work authorization of H-4 visa holders. Recently, the Trump administration asked for more time to decide on the fate of work authorization for H-4 visa holders.
Although the laws regarding H-1B, H-4 and L-1 visas have remained unchanged, for now, but sources close to the developments warn of stricter rules in following months.