On June 7, 2017, the U.S. Secretary of Labor announced its plans to be more pro-active in pursuing entities committing visa program fraud abuse. The Secretary has ensured that the Department of Labor is focused on applying all laws governing the administration and enforcement of non-immigrant visa programs. Specifically, the department plans to carry this out by:
- Directing the Department’s Wage and Hour Division to conduct civil investigations to enforce labor protections provided by the visa programs;
- Directing the Department’s Employment and Training Administration (ETA) to propose changes to the Labor Condition Application, review their investigatory forms, and to be more efficient in identifying systematic violations and potential fraud;
- Directing the division, ETA, and the Office of the Solicitor to coordinate the administration and enforcement activities of the visa programs and make referrals of criminal fraud to the Office of the Inspector General; and
- Establishing a work group to supervise this effort and improve the Department’s overall activities regarding visa programs.
In light of this new announced enforcement efforts, employers should stay apprised of the potential new changes to the Labor Condition Application and implement up-to-date forms. Employers should also record and maintain documentation related to non-immigrant (“temporary work”) visas. Lastly, employers should review the requirements regarding non-immigrant visa programs and make sure they are in full compliance to avoid penalties and fines.
If you have any questions or concerns regarding this announcement, please contact CGWG Immigration Attorney Misty Wilson Borkowski or an Attorney with our firm.