Increased Focus On Employment-Based Visa Compliance And Enforcement

With recent pronouncements from the USCIS and USDOL, it is clear that companies who employ international workers—and even companies that do not—face increased risks of fines and other penalties due to expanded enforcement and compliance initiatives.

First, as we advised in May 2017, the USCIS announced efforts to combat fraud in employment-based immigration programs by focusing on H-1B dependent employers, employers placing their H-1B employees at third-party client sites, and employers whose business information cannot be validated through commercially available data.

Subsequently, on June 6, 2017, the USDOL announced a similar initiative regarding international worker visa programs. Secretary Acosta asserted that his department "will focus on preventing visa program abuse and take every available legal action against those who abuse these programs." These increased efforts include civil investigations, enforcement of labor protections, and changes to forms to