On Jun 12 2017 by William A. Stock

DOL Promises Vigorous Enforcement of Visa Program Rules

On June 6, 2017, Bloomberg Law Daily Labor Report published an article about the Department of Labor's announcement of its intention to take additional actions to root out fraud and abuse of visa programs.

Reproduced with permission from Daily Labor Report, 107 DLR A-1, 6/6/17. Copyright 2017 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

Citing fraud and abuse that are harming American workers’ ability to provide for themselves and their families, Labor Secretary Alexander Acosta said the DOL will focus on preventing abuse of the visa program bu “taking every available legal action against those who abuse.” Numerous quotes from Klasko’s, William Stock, on how this an expected step away from the “civil fine regime..and debarment.”

  • On June 6, 2017, the Department of Labor announced it will take additional actions to protect U.S. workers, including heightened use of criminal referrals.
  • Klasko partner and AILA president, William (Bill) A. Stock: “This is completely expected… They are going to go criminally after the principals of the company.”
  • DOL used its case against G Farms, LLC which violated the H-2A program with dangerous housing. 
  • “No one is more upset at people who abuse the system than employers who are trying to follow the rules,” said Bill Stock, but due process is still needed.
  • Proposed H-1B changes are also on the horizon. Through changes to the labor condition application, the DOL hopes to more information will crack down on fraud and abuse.
  • Stock’s only concern is if the agency “goes beyond its statutory authorization to collect information at the beginning of the process.”
  • The law does not require the employer to prove to the DOL they’re following the rules in order to get the visas.
  • Robert Law, director of government relations at the Federation for American Immigration Reform, wants an overhaul of every guestworker program, stating that what the DOL can do under current law is “very narrow.”

Click below to read the full report.

PDF - Bloomberg Law - Daily Labor Report: June 6, 2017