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U.S. DEPARTMENT OF LABOR EXPECTED TO INCREASE INVESTIGATIONS RELATED TO H-1B AND H-2A VISA PROGRAMS

Following a recent announcement from the U.S. Department of Labor, investigations and audits of foreign worker programs such as H-1B and H-2A visas are likely to increase. The announcement states that the Department “will focus on preventing visa program abuse and take every available legal action against those who abuse these programs.”

Expected enforcement measures include:

  • Increased scrutiny by the Department’s Wage and Hour Division
  • Changes to the Labor Condition Application targeted at identifying fraud and abuse
  • Review of investigatory forms to better identify systematic violations and potential fraud
  • Increased coordination between the Employment and Training Division, the Wage and Hour Division, and the Office of the Solicitor to avoid duplication of efforts and maximize the efficiency of the Department’s activities regarding the visa programs.

To protect themselves in the event of an audit or investigation, employers should continue to keep well-organized and thorough records of all foreign worker applications and employment.  Mitzel Group attorneys are available to answer any questions employers have regarding foreign worker visas.