DOL Probes 175 Cases of H-1B Visa Abuse Millions in Back Wages

The United States Department of Labor (DOL) has initiated at least 175 investigations into possible abuses of the H-1B Visa Program, aiming to ensure employers prioritize American workers and prevent exploitation of foreign visa holders.

Launched in September under the name Project Firewall, the initiative follows a presidential proclamation introducing a one-time $100,000 fee on H-1B visa petitions. The program is designed to identify and address violations that negatively impact both foreign workers and U.S. employees.

While the DOL has not released detailed findings of the probes, preliminary results indicate over $15 million in back wages owed to workers. Among the major issues uncovered were instances where foreign workers, often with advanced degrees, were paid significantly less than advertised in their job descriptions. This practice not only undercuts visa holders but also suppresses wages for American workers with similar qualifications, forcing them to accept lower pay to remain competitive.

Investigations revealed that employers frequently failed to notify U.S. Citizenship and Immigration Services (USCIS) promptly after terminating H-1B visa employees. Some cases showed considerable delays between termination and employer notification, violating reporting requirements.

Another concern involves the Labor Condition Application (LCA), a form employers must file to hire foreign workers under H-1B and related visa programs. The LCA requires employers to notify American workers before hiring foreign labor. However, many investigations found that listed work sites either did not exist or workers were unaware of the jobs they were supposedly assigned to.

Further violations included employees being paid less than the wages stated in their LCAs. Employers were also found to be recycling job notices for American workers that bore little relation to the actual jobs described in the applications.

Additionally, some H-1B workers were subjected to "benching" — periods during which they were not paid while waiting between active work assignments, a practice that has raised concerns about fair treatment and wage protections.

The DOL’s ongoing efforts highlight increased scrutiny on visa programs and the commitment to protect fair wages and working conditions for all workers in the U.S.