Trump Administration to H-1B Employers: There’s a New Sheriff in Town

The United States Department of Labor (DOL) recently announced plans to “protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight.” DOL says it will take the following actions in defense of our domestic labor market:

  • Rigorously use all of its existing authority to initiate investigations of H-1B program violators.
  • Consider changes to the Labor Condition Application – used to determine the wage paid to H-1B employees – for future application cycles.
  • Continue to engage stakeholders on how the program might be improved to provide greater protections for U.S. workers, under existing authorities or through legislative changes.

The DOL statement came on the heels of a U.S. Department of Justice (DOJ) announcement that the Civil Division’s Immigrant and Employee Rights Section (IER) will begin enforcing the provisions of the Immigration and Nationality Act (INA) that prohibit employers from discriminating against U.S. citizens when hiring employees. IER’s precursor, the Office of Special Counsel for Immigration-Related Unfair Employment Practices often prioritized employment discrimination complaints filed by foreigners – even illegal aliens – over those submitted by U.S. citizens.

Agency statements are a dime a dozen in Washington, D.C., and the H-1B program could still use a stem to stern overhaul. Its loose structure and inconsistent vetting procedures makes it attractive to fraudsters. It’s also a magnet for educated foreign intelligence operatives and degreed terrorists seeking a relatively easy method of entry into the United States – a particular concern in the age of cyber-crime, given the program’s high-tech bent. However, after years of the DOL blatantly refusing to engage in meaningful immigration enforcement activities, and decades of the DOJ defending the rights of alien workers, to the detriment of U.S. employees, these are definite moves in the right direction.

President Trump has consistently said that he came to D.C. to “drain the swamp.” It looks like there’s a new sheriff in town and he’s just told his deputies, “Hit the streets and protect the American worker!”

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Matt O'Brien: Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats. He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.