10 Career and Business Opportunities


DOL Announces Plans to Protect American Workers from H-1B Program Discrimination


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According to moneycontrol.com the Congressional-mandated cap of 65,000 H-1B visas and another 20,000 in the advanced degree categories were reached within the first five days after the USCIS started accepting H-1B applications.


BY DOL.GOV The


H-1B program applies


to employers seeking to hire nonimmigrant specialty


aliens as workers in


occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are


not law establishes


authorized to work in the United States. The


otherwise certain


standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater. Earlier this year, the Department of Labor announced actions to increase protections of American workers while more aggressively confronting entities committing visa program fraud and abuse.


It is now the policy of the Department to enforce vigorously all laws within its jurisdiction governing the


administration of non-immigrant


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and enforcement visa programs,


including: The Wage and Hour Division is using all its tools in conducting civil


protections programs.


investigations to enforce labor provided by the visa


Administration is developing proposed changes


the Labor identify


The Employment and Training to


Condition


Application, and for the division to review their better


for agency


U.S. workers, and the general public. The Wage and Hour Division,


ETA, and the Office of the Solicitor are coordinating the administration and enforcement activities


of the


investigatory forms, to systematic


and potential fraud, and provide greater transparency


violations personnel,


visa programs and making referrals of criminal fraud to the Office of the Inspector General. The Department is establishing a working group made up of senior leadership from ETA, the Wage and Hour Division, and Solicitor’s office to supervise this effort and coordinate enforcement to avoid duplication of efforts and maximize the efficiency of the department’s activities regarding the visa programs.


The Department will also continue to work with the Departments of Justice and Homeland Security to further investigate and detect visa program fraud and abuse.


In addition, the Department has begun promoting the hiring of Americans and safeguarding working conditions in the U.S. The Department has begun to prioritize and publicize the investigation and prosecution of entities in violation of visa programs. The Department’s OIG has focused investigative


substantial resources


towards combating visa-related fraud schemes. Their sustained efforts have led to significant results, including convictions of attorneys, employers, recruiters, employees,


brokers.


Highlights of some of OIG’s recent successes combating fraud in the H-1B program, for example, are


here: www.oig.dol.gov/OIGBrief-H1B. pdf.


Individuals can report allegations


of H-1B violations by submitting Form WH-4 to the Department’s Wage and Hour Division. To further deter and detect abuse, U.S. Citizenship


and Immigration


Services (USCIS) has established an email address (ReportH1BAbuse@ uscis.dhs.gov), which will allow individuals (including both American workers and H-1B workers who suspect they or others may be the victim of H-1B fraud or abuse) to submit tips, alleged violations and other relevant information about potential H-1B fraud or abuse.


U.S. workers who believe that an


employer discriminated against them based on their citizenship status or national origin by preferring to hire an H-1B worker can contact the Immigrant and Employee Rights (IER) Section of the U.S. Department of Justice’s Civil Rights Division to file a charge. More Information is available at www.justice. gov/ier.


Volume 12 Number 11


August 2018


corrupt government and labor


available


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