US Bill Would Raise H-1B Fraud Penalties to as Much as $250,000
Washington — A Republican lawmaker has introduced legislation that would sharply increase penalties for serious H-1B visa violations, including fines of up to $250,000 and longer bans on employers sponsoring foreign workers.
Rep. Beth Van Duyne of Texas announced the H-1B Visa Fraud Crackdown Act on Monday, arguing that existing penalties are too low to deter employers from abusing the program.
The bill, H.R. 10643, is co-sponsored by Republican Reps. Brian Babin, Pat Fallon, Brandon Gill, Keith Self and Pete Sessions, all of Texas.
“When a business can lie to the government and push American workers aside for cheaper labor, and the worst it faces is a $5,000 fine, many view that as the cost of doing business,” Van Duyne said.
“The H-1B Visa Fraud Crackdown Act changes the penalties. American jobs should go to American workers, and fraudsters should face real accountability for their actions.”
Under the legislation, the maximum civil penalty for covered willful H-1B violations would increase from $5,000 to $100,000. Van Duyne’s office said such violations could include misrepresenting the job being performed or underpaying an H-1B worker.
For violations involving the willful displacement of U.S. workers, the maximum civil penalty would rise from $35,000 to $250,000.
The bill would also extend the periods during which employers found responsible for serious violations would be barred from sponsoring H-1B workers.
The minimum sponsorship ban for serious willful violations would increase from two years to five years. For violations involving the displacement of U.S. workers, the minimum ban would increase from three years to 10 years.
The legislation would also substantially increase penalties for immigration document fraud.
For covered violations, fines currently ranging from $250 to $2,000 would increase to between $1,000 and $10,000 per document. For violations committed after a previous order, penalties would rise from the current range of $2,000 to $5,000 to between $20,000 and $50,000 per document.
Van Duyne tied the proposal to allegations of H-1B fraud in North Texas.
Her office said Homeland Security Secretary Mullin had confirmed that, as of June, nearly 60 percent of H-1B employer fraud investigations nationwide were concentrated in the North Texas region.
Van Duyne’s office also said Labor Department Inspector General D’Esposito visited North Texas in August and identified nearly 500 instances of likely H-1B visa fraud in a single building. It said no one answered the door at addresses he visited where H-1B applications had been approved.
Those figures were cited by Van Duyne’s office and are not contained in the text of the legislation.
“I’m thankful for the Administration’s quick response,” Van Duyne said.
“American workers should not lose opportunities because an employer is willing to break the law to get cheaper labor. If a business decides it makes more economic sense to break the law and kick American workers to the curb, they should feel major pain for undercutting our economy and our hardworking employees.”
The measure remains proposed legislation and has not become law. It would need to pass both the House and Senate and be signed by President Donald Trump before the higher penalties could take effect. (Source: IANS)
