US Targeting Potential H1B Visa Abusers
The current H-1B visa scenario in the US is witnessing a dramatic transformation. Now, the American government has tightened the route for skilled foreign workers in the US, impacting them, employers and stakeholders all across the globe, especially the Indians skilled workers. In this article, we’ll explore the H1B impact international workers in USA, why the crackdown is happening, how it is being done, who is affected, and what you (as an employer, prospective H-1B holder, or country of origin) should do.
This Story also Contains
- What is the H-1B Visa Program?
- Why Is the U.S. Cracking Down on Potential Abuses?
- What Are the Key Enforcement Measures and What Changes Are Being Made?
- Who is impacted by these changes?
- Key Risks & Warning Signs of H-1B Abuse
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Read More: New Rules for US Work Permit
What is the H-1B Visa Program?
The H-1B visa allows the US companies to hire international skilled workers in specialty jobs (requiring a bachelor’s or higher degree) for up to six years. The H-1B visa is in high demand especially for STEM professions. This is because several high-skilled foreign nationals seek US employment in these fields.
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Why Is the U.S. Cracking Down on Potential Abuses?
Following are some of the main forces that have resulted in the US cracking down on potential abuses.
Protecting American Workers & Wages
As per the US authorities, misusing the H-1B visa system can result in undercutting wages for both US and international workers, displace qualified US workers and allow employers to not follow the hiring/immigration rules. For example, investigations found employers paying H-1B workers less than what was indicated in their Labor Condition Applications (LCAs).
Shift to Proactive Enforcement
Initially, the enforcement actions under the US worker visa program consisted of complaints and audits. However, now the investigations are happening even without the need of any formal complaints.
Political & Policy Drivers
Nowadays, the US domestic policies are revolving around reformation and enforcement. This has resulted in bringing in stricter work-visa programs, expanding vetting of visa holders, and asking for accountability from the US employers.
Scale of the H-1B Program and Concentration
A majority of the H-1B visa holders in the US are Indians, making up around 71% of all approved H-1B beneficiaries in FY 2024. This figure demands attention and political sensitivity.
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What Are the Key Enforcement Measures and What Changes Are Being Made?
Here are the major shifts and enforcement tools you should know about.
Measure | Summary |
Project Firewall | DOL can probe H-1B abuse without complaints; audits wages & LCAs. |
Investigations | 175+ cases on underpayment, benching & false job roles. |
Penalties | Fines, back-pay & H-1B hiring bans for violators. |
Fee Hike | H-1B visa fee hike to $100,000 from Sept 2025. |
Continuous Vetting | Ongoing monitoring of visa holders & employers. |
Who is impacted by these changes?
Following are the ones who are most affected by the changes implemented within the US worker visa system.
Employers (U.S. Companies)
Prospective H-1B Visa Holders (Foreign Workers)
Countries of Origin (e.g., India)U.S. Workforce / Domestic Policy Stakeholders
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Key Risks & Warning Signs of H-1B Abuse
Within the current visa policy changes scenario for international skilled workers in the US, following are some practices that can be termed as “abusive”.
Underpayment
Bench time / no work
False job descriptions / mis-job posting
Failure to report terminations or changes
Recruitment skimping on U.S. workers
Invalid third-party placement or contract-to-contract staffing without proper H-1B employer supervision/controls
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Frequently Asked Questions (FAQs)
Q: Is there any problem for H-1B visa holders?
A:
US authorities are intensifying scrutiny of the H-1B visa program, with 175 investigations uncovering over $15 million in unpaid wages and widespread non-compliance.
Q: Who has to pay $100,000 for an H-1B visa?
A:
The H-1B visa only applies to employers who use an H-1B visa petition to bring a foreign national to the United States. Current employers of H-1 workers who wish to continue to employ this worker need not worry about this fee, and can instead file an extension of status petition.
Q: What is the controversy with the H-1B visa?
A:
The H-1B nonimmigrant visa program was created to bring temporary workers into the United States to perform additive, high-skilled functions, but it has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor.
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