The U.S. government has highlighted issues related to manipulation and exploitation within the H-1B visa program as a primary reason for its decision to revise the annual visa selection process.
In a federal notice this week, the Department of Homeland Security stated that the modifications were essential to enhance “process integrity” and maintain fairness in the cap-subject H-1B program.
These revised regulations specify various practices that the DHS identified as concerning during recent application periods, such as wage manipulation, inconsistent job data, and the submission of multiple registrations linked to affiliated entities.
Emphasizing their point, the DHS indicated that the updates aim to decrease the likelihood of employers exploiting the system and to make sure that selections correspond to genuine job offers rather than tactical registrations.
One issue raised in public comments was the risk of employers artificially inflating wages on paper to increase their chances of selection.
The DHS noted that the new rule includes measures to dissuade such actions and to promote coherence between registrations and final petitions.
The department also highlighted concerns over manipulation related to job locations. Some commenters cautioned that indicating higher-paying locations during registration while planning to assign workers elsewhere later could undermine the system’s credibility.
The DHS stated that it would emphasize consistency between the data submitted during registration and the specifics provided in the complete petition, including job responsibilities, wage amounts, and work locations.
Another concern addressed was the use of multiple registrations for a single worker, as the DHS explained that it pertains to separate entities filing different registrations for one beneficiary, skewing selection results and diminishing trust in the process.
The final rule strengthens certification requirements and delineates penalties for inaccurate or misleading submissions. The DHS noted that this is aimed at deterring misuse and alleviating unnecessary pressure on adjudication resources.
While the department tackled issues surrounding the manipulation of job classifications under the Standard Occupational Classification system, several commenters warned that employers might select job codes strategically to justify higher wages without demonstrating actual job responsibilities, according to the federal notice.
The objective of the rule was to provide a clearer legal standard and diminish ambiguity, aiding both employers and regulators in understanding compliance requirements, it stated, adding that it is confined to modifications within current H-1B regulations and does not introduce new environmental, tribal, or federalism implications that necessitate further review.
The department asserted that the updated process would enhance transparency while ensuring continued access to high-skilled workers.
The H-1B program, with its annual cap set by Congress, has been under continuous scrutiny for issues of fraud, fairness, and enforcement, as the demand for visas significantly surpasses supply.
U.S. immigration officials have increasingly turned to regulatory changes as opposed to legislative action to remedy deficiencies in the system amid stalled reforms on Capitol Hill.