DOL Announces measures to combat H-1B visa fraud

By Srinivas Ramineni, Esq. [1]

On April 5, 2017, DOL announced measures in support of USCIS’ April 3, 2017 announcement.[2]  USCIS previously announced that it will focus its attention on three types of employers using the H-1B program.[3] The targeted employers are as follows:

  • Employer’s whose information cannot be readily validated through commercially available data;
  • H-1B Dependent Employers; and
  • Employer’s petitioning for H-1B workers for work to be performed at a third party site.

The measures DOL intends to take is as follows:

  • Initiate investigation of H-1B program violators;
  • Possibly change application process for LCAs; and
  • Engage stakeholders on how to improve the process to protect the integrity of H-1B program.

Employers should consider conducting their own internal audits to make sure they remain compliant with the regulations governing H-1B program. Additionally, employers should prepare their employees for an increase in ASVVP site visits, this includes immediately filing Amendments prior to moving locations to ensure compliance. RLA can help employers get ready for DOL investigations. Please contact our team of Attorneys at RLA. We would welcome the opportunity to consult with you and analyze your options. Contact us today at (617) 830-4545 or ramineni@raminenilaw.com

[1] About the author: Attorney Srinivas Ramineni is the Managing attorney of the greater Boston law firm of Ramineni Law Associates. He assists employers with Business Immigration and Labor and Employment Law compliance. He can be reached at ramineni@raminenilaw.com or (617) 830 4545.

[2] https://www.dol.gov/newsroom/releases/eta/eta20170404-0 (last visited April 5, 2017).

[3] https://www.uscis.gov/news/news-releases/putting-american-workers-first-uscis-announces-further-measures-detect-h-1b-visa-fraud-and-abuse (last visited April 5, 2017).