Details of the Trump administration’s biggest crackdown on H-1B visa fraud.
The H-1B visa program, which allows US companies to hire skilled workers from foreign countries, has remained a major flashpoint in the current Donald Trump administration, with tech leaders supporting the program, citing a major talent crunch in the US, and a section of MAGA calling for a complete termination of the program. According to critics of the visa program, tech companies hire underskilled foreigners in less salary and thus deprive Americans of those jobs. But now a more serious issue has come to the surface: companies are trafficking people in the name of H-1B jobs while no such jobs exist.The US Department of Labor and Office of Inspector General announced the launch of a major investigation into the fraud and human trafficking allegations in the H-1B and the PERM programs.Labor Department Inspector General Anthony D’Esposito said this is graver than some paperwork crime. H-1B visa fraud is fueling violent crime because much of this labor is tied to cartels and gangs.”This is another example where fraud is fueling violent crime,” he said. “Much of the visa and the human trafficking that we see when it comes to this foreign labor is tied to cartels, is tied to transnational gangs, and this is the work that we should be doing, not only to make America safe again, but to make America more affordable again.”
What is the fraud that the administration is targeting?
The administration is targeting companies, individuals, or groups of individuals who are bringing foreign labor on the H-1B visa program — but there is no job, no skillset match and it is only a pathway of criminals to enter the US.D’Esposito said investigators have already begun to issue dozens of subpoenas in relation to the fraud investigation.California, New York and Illinois are among the top five states for applicants for these visas, according to D’Esposito.“This is not just people working in factories,” D’Esposito said. “These are people working in medical facilities and doctors’ offices that are actually putting people in harm’s way. I mean, the potential of causing death.”“I speak to my investigators daily, who said they would present cases to prosecutors during the Biden administration, and very often would hear, ‘We’re sorry, that doesn’t meet the threshold,’” he said, citing what he described as a $3 million fraud case.
Why did Cognizant’s name come up in this connection?
D’Esposito named Cognizant as he said several big companies are involved in it. “We have whistleblowers talking about some of the biggest companies, like Cognizant, who have been sort of… in the chatter of issues with PERM and H-1B visas,” he said. There is no specific allegation against the tech giant.The department said it will follow up on all leads they receive and encouraged whistleblowers to come forward with any information.
Who can submit tips to DOL?
- US workers who believe they have been displaced or harmed by potential H-1B or PERM fraud or related industry practices.
- Foreign workers who believe they have experienced exploitation, coercion, benching, or fraudulent recruitment practices.
- Any workers who believe they were compelled against their will to provide labor or services through force, fraud, or coercion, to report concerns confidentially or directly.
