Cos. Should Prepare For Harsher H-1B Program Enforcement

Law360 (October 7, 2020, 6:20 PM EDT) -- Major U.S. employers that use the H-1B program are facing the possibility of a long, rough storm of H-1B investigations, the likes of which we have not previously seen.

In our Aug. 26 article, we identified what we saw as storm clouds on the horizon that set conditions for a sweeping change in how the U.S. Department of Labor approaches its enforcement authority over the H-1B program. Based on our analysis, we forecast that the Wage and Hour Division of the DOL was preparing to start using its broadest enforcement authority over the H-1B program, secretary-certified investigations.[1]

The forecast worsened at the...

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