DOL Announces Plans to Combat Abuse of H1B Program

Shortly after the U.S. Citizenship and Immigration Services (USCIS) announced plans for increased enforcement efforts against H1B employers, the U.S. Department of Labor (DOL) issued its own news release that summarizes how it will “protect U.S. workers from H1B program discrimination by providing greater transparency and oversight.” There are few specifics in the news release, but it clearly signals that, as with the USCIS, the DOL is going to be heavily focusing on enforcement efforts to “protect American workers from H1B program discrimination.”

Actions Planned by the DOL

Per the news release, the DOL will work to protect jobs for American workers through the following:

• Coordinate more closely with the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) to “initiate investigations of H1B program violators”

• Consider possible changes to the labor condition application (LCA) process in order “to provide greater transparency for agency personnel, U.S. workers and the general public”

• Provide additional opportunities to engage with the public in order to discuss ways to further protect U.S. workers

Conclusion

This DOL news release echoes the release issued by the USCIS, as well as the statement issued by the DOJ, cautioning employers from discriminating against U.S. workers. H1B employers must be diligent in their efforts to ensure full compliance with all U.S. immigration laws and requirements.

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