US Department of Labor Uncovers Widespread H-1B Visa Program Violations in 175 Investigations

The United States Department of Labor (DOL) has initiated 175 investigations into suspected misuse of the H-1B Visa Program, Fox News reported on Friday. These investigations have already identified more than $15 million in calculated back wages owed to workers.

Project Firewall, launched by the DOL in September, aims to ensure American citizens receive priority for job positions and prevent employers from exploiting the visa program. This initiative coincided with President Donald Trump signing a proclamation that implemented a one-time $100,000 fee on H-1B visa petitions.

The investigations have uncovered several concerning practices. One significant issue involves foreign workers with advanced degrees being compensated at rates substantially below those stated in job descriptions. According to the DOL, this practice not only reduces wages for visa holders but also forces similarly qualified American workers to accept lower compensation to remain competitive.

Additional findings revealed that employers frequently failed to notify US Citizenship and Immigration Services when H-1B visa holders were terminated, or significant delays occurred between termination and official notification.

The Labor Condition Application (LCA), a mandatory form for employers seeking to hire foreign workers under H-1B, H-1B1, and E-3 visa programs, was also subject to abuse. Investigators discovered instances where work sites listed on LCAs were nonexistent, or workers were unaware of their supposed job responsibilities as outlined in applications.

Other violations included workers receiving less compensation than specified in LCAs and employers using generic job notices for American workers that had minimal relevance to the actual positions described in the forms.

The investigations also identified cases of "benching" - a practice where H-1B visa holders are not paid during periods between active work projects.

These findings emphasize growing concerns about compliance within the H-1B program, which was designed to allow U.S. employers to temporarily employ foreign workers in specialty occupations.