Apr 05, 2017

Date: 04/05/2017

Dear Client,

Department of Labor Announces Plans to Protect American Workers from H-1B Program Discrimination

April 5, 2017 – As a follow up to USCIS’s announcement earlier this week on its new directives to detect H-1B visa fraud and abuse, the Department of Labor announced today its plans to protect US workers from H-1B program discrimination by providing greater transparency and oversight.

The Department of Labor has joined the Department of Justice and the Department of Homeland Security to caution employers who petition for H-1B visas not to discriminate against US workers. The Labor Department has outlined a few actions through which it will achieve its goals:

1. Rigorous use of its existing authority to initiate investigations of H-1B program violators. The Department will work in tandem with USCIS to investigate and prosecute primarily H-1B dependent companies;

2. New Labor Condition Application Form – We anticipate a new version of the Labor Condition Application Form in the near future which is anticipated to provide greater transparency for agency personnel, US workers and the general public. For example, an earlier version of the new form required listing the name of the foreign worker seeking employment.

3. Engage with stakeholders to discuss changes to the H-1B program under existing authority or through legislative changes.

Compliance with the existing H-1B regulations is paramount of every employer who seeks to employ an H-1B worker. It is extremely important that you, as an H-1B employer, work to ensure that you are in compliance with every aspect of the H-1B program. Please do not hesitate and reach out to the Nair Law Group. We will work with you to make sure that you are ready to face any audit, investigation, or site visit from the government.,