H-1B Update: Administration To Increase Scrutiny, Investigations

Jackson Lewis P.C.
Contact

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.

Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency, the Administration has issued a number of executive changes further restricting immigration, including a Presidential Proclamation restricting the entry of foreign nationals in H-1B status (among others) until at least the end of 2020.

Most recently, in conjunction with that Presidential Proclamation, USCIS and DOL have entered into an agreement to further share data so that DOL can conduct “more robust examinations” of employers’ H-1B usage. According to a DOL press release, “No previous Secretary of Labor has ever exercised this authority.”

In the past, USCIS has conducted unannounced worksite visits to ensure H-1B compliance. With DOL stepping into this new role, employers likely will see additional investigations and penalties for violations, including awards of back pay for wage errors. The added risks for businesses come as many of them continue to argue that making it harder to hire H-1B workers only harms the economy and does nothing to promote economic recovery.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Lewis P.C. | Attorney Advertising

Written by:

Jackson Lewis P.C.
Contact
more
less

Jackson Lewis P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.