Department of Labor Launches 175 Investigations into H-1B Visa Program Abuses

The Department of Labor has initiated at least 175 ongoing investigations targeting potential abuses within the H-1B visa program, as part of an aggressive federal effort to protect American jobs and ensure only necessary foreign workers are employed in the United States.

The investigations, launched under the department’s “Project Firewall” initiative that began in September, have already identified over $15 million in calculated back wages owed to workers. In an unprecedented move, Labor Secretary Lori Chavez-DeRemer is personally certifying the initiation of these investigations, a mechanism never before utilized by the department.

“The Labor Department is using every resource currently at our disposal to put a stop to H-1B visa abuse, and for the first time, I am personally certifying investigations into suspected violations to better protect American jobs,” Chavez-DeRemer said in a statement. “Under the leadership of President Trump, we will continue to invest in our workforce, ensuring high-skilled job opportunities go to American workers first.”

The crackdown coincides with President Donald Trump’s recent proclamation imposing a $100,000 one-time fee on H-1B visa petitions. According to the White House, this fee aims to prevent “companies from spamming the system and driving down wages” with cheap foreign labor, while promoting “American businesses who actually want to bring high-skilled workers” to the U.S.

While the Labor Department could not provide specifics on individual cases, investigators have uncovered numerous concerning practices. Some investigations revealed that foreign workers with advanced degrees are being paid significantly less than what was advertised in job descriptions, effectively driving down wages for both visa holders and American workers with similar qualifications.

Other investigations found employers failing to notify U.S. Citizenship and Immigration Services when an H-1B visa holder was terminated, or significant delays between termination and notification to immigration authorities.

Many of the investigations center on Labor Condition Applications (LCAs), documents that employers must file with the DOL to employ H-1B holders. Employers are required to notify American workers before hiring H-1B workers and accurately describe the job and wages in these applications.

Investigators discovered various issues with LCAs, including non-existent work sites, employees unaware of their assigned jobs, workers paid less than documented wages, and employers carelessly copying job notices with little relevance to the actual positions described.

Some investigations also uncovered “benching” practices, where H-1B visa holders receive no pay when between active work projects.

The H-1B visa program allows U.S. companies to hire foreign workers in specialty occupations, and has been particularly popular in the tech industry. Critics argue H-1B holders are often chosen over U.S. citizens partially because foreign workers are tied to their sponsoring employers, as quitting could result in visa loss and inability to legally remain in the country.

Justin Vianello, CEO of Skillstorm, has described the work visa program as a “three-headed monster” requiring drastic reform to protect American workers’ interests.

Earlier this year, the Trump administration proposed changes to encourage employers to offer higher salaries or reserve H-1B petitions for jobs requiring advanced skills. The $100,000 application fee will take effect in the next annual lottery, the system used to select applications once the annual visa cap is reached.

“The whole idea is no more will these Big Tech companies or other big companies train foreign workers. They have to pay the government $100,000, then they have to pay the employee, so it’s just not economical,” Commerce Secretary Howard Lutnick explained as Trump signed the order.

These measures represent a significant shift in U.S. immigration policy regarding skilled foreign workers, with potentially major implications for industries that have historically relied heavily on H-1B talent.