The Department of Labor (DOL) has disclosed the initiation of no less than 175 ongoing investigations into potential abuses of the H-1B visa program.
This move is part of the department's commitment to safeguard American jobs and ensure that only necessary foreign labor is employed within the United States.
According to Fox News, the DOL initiated Project Firewall in September, a strategy designed to ensure that employers prioritize qualified American citizens for job positions and refrain from exploiting the H1B visa program. This program permits U.S. companies to employ foreign workers in specialized occupations.
This robust federal crackdown on potential misuse of the program includes an unprecedented move by Labor Secretary Lori Chavez-DeRemer, who is personally certifying the commencement of investigations. "The Labor Department is using every resource currently at our disposal to put a stop to H-1B visa abuse, and for the first time, I am personally certifying investigations into suspected violations to better protect American jobs," Chavez-DeRemer stated.
She further emphasized the Trump administration's commitment to investing in the American workforce, ensuring that high-skilled job opportunities are first offered to American workers.
The DOL's announcement in September coincided with President Donald Trump's proclamation imposing a one-time fee of $100,000 on H-1B visa petitions. The White House explained to Fox News Digital that this fee aims to deter companies from flooding the system with cheap foreign labor, thereby suppressing wages. Instead, it encourages American businesses genuinely interested in bringing high-skilled workers to the U.S.
While the DOL has not provided specific details on the 175 ongoing investigations, which account for over $15 million in calculated back wages to workers, it has reported a plethora of concerns. Investigations have revealed instances where foreign workers with advanced degrees are underpaid compared to the advertised job description. This practice depresses wages for both visa-holders and American workers, forcing the latter to accept lower wages to remain competitive.
Other investigations have exposed employers failing to notify U.S. Citizenship and Immigration Services when an H-1B visa holder is terminated, or significant delays between a termination and the employer notifying the agency overseeing the U.S.'s immigration system.
Central to other investigations are documents filed by employers with the DOL to employ H-1B holders, known as Labor Condition Applications (LCA). These applications are part of a broader effort to ensure American workers are prioritized for jobs and accurately describe the job an employee will work and their wage. Investigators have discovered instances where work sites listed on the LCA documents did not exist, or workers were unaware of the jobs they were supposedly assigned to perform as laid out in the applications.
The H-1B visa program, which allows U.S. companies to hire foreign workers in specialty occupations, has been widely embraced by many tech companies. However, critics argue that H-1B holders are often preferred over U.S. citizens for jobs because foreign workers are tied to their respective employers via the H-1B visa. As a company is required to sponsor the visa, quitting the job could result in foreign workers losing their visa and their legal status in the country.
Justin Vianello, CEO of Skillstorm, expressed to Fox News Digital last month that the work visa program in the United States is a "three-headed monster" that requires drastic reform to prevent American workers from being left behind.
Earlier this year, the Trump administration proposed a rule change designed to encourage employers to offer higher salaries or reserve H-1B petitions for jobs requiring advanced skills. This rule change was published in the Federal Register just days after President Donald Trump signed a proclamation introducing a $100,000 fee for H-1B visa applications.
The $100,000 fee, a one-time charge applying only to new H-1B petitions, will be implemented in the next annual lottery, the system the U.S. government uses to select applications once the annual visa cap is reached.
Commerce Secretary Howard Lutnick explained the rationale behind the fee as Trump signed the order, stating, "The whole idea is no more will these Big Tech companies or other big companies train foreign workers. They have to pay the government $100,000, then they have to pay the employee, so its just not [economical]."
This move underscores the administration's commitment to prioritizing American workers and curbing the potential abuse of the H-1B visa program.
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