DOL ANNOUNCES HEIGHTENED ENFORCEMENT

On June 6, 2017 US Secretary of Labor, Alexander Acosta, announced new Department of Labor (DOL) actions to enforce work visa programs.  This announcement was made in support of President Trump’s Executive Order on Buy American and Hire American.

The Secretary’s actions are outlined in a news release issued by the DOL. Secretary Acosta has determined it is the policy of the DOL to vigorously and actively enforce laws governing visa programs.  The DOL actions for enforcement include:

• The DOL Wage and Hour Division will conduct more civil investigations and site visits.
• The DOL Employment and Training Administration will develop and propose changes to the LCA (Labor Condition Application) as well as other forms to better identify violations and fraud.  Among other things, the DOL will be looking at how to better monitor LCA filings for violations and prevent fraud with regard to the:

• exemptions for H-1B dependent employers where the employee has a master’s degree or greater or makes $60,000/year or more;
• the rate of pay listed on the LCA; and
• the worksite location(s) listed on the LCA.

• The DOL will actively coordinate with and refer cases to the Inspector General and Attorney General in cases of criminal fraud, which is outside the DOL’s jurisdiction.
• There will be additional training of DOL Officers to detect civil and criminal fraud.
• The DOL will continue to work with the US Department of Justice and US Department of Homeland Security to investigate, detect, and prevent fraud in all visa programs.

The DOL Office of the Inspector General has posted some recent cases on its website.