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U.S. Department of Labor announces plans to protect American workers from H-1B program discrimination

Description: The H-1B program provides temporary, nonimmigrant U.S. work visas for college-educated workers and fashion models from abroad.  The Department of Labor announced it will use its existing authority to initiate investigations of H-1B program violators, in coordination with the departments of Homeland Security and Justice; consider changes to the Labor Condition Application for future application cycles; and continue to engage stakeholders on how the program might be improved to provide greater protections for U.S. workers, under existing authorities or through legislative changes.

Fair Economy Impact:  While it is important to attract skilled, talented workers to the United States, the reality is that the biggest beneficiaries of the H-1B program are outsourcing companies that have hijacked the system—using between one-third to one-half of the visas—to replace thousands of U.S. workers with much-lower-paid H-1B workers while also sending tech jobs abroad. In addition, these outsourcing companies rarely provide H-1B employees with a path to permanent residence and citizenship. Reforms to the H-1B visa program that would help achieve a fair economy would include making the program fairer for U.S. workers, who should have the first opportunity to apply for jobs in the United States, and fairer to H-1B workers, who deserve fair pay for their work according to U.S. wage standards and who should not have to fear retaliation and exploitation by employers.

Actions:

  • Issued April 4, 2017.