CFGI Quoted – “USCIS to Target Perceived H-1B Abusers with Focused Site Visits”

4/5/2017
SHRM


“U.S. employers and the foreign IT outsourcing firms they contract with for H-1B visa workers are the primary targets of new enforcement measures announced by the Trump administration.

“The Justice and Homeland Security departments announced April 3 stricter enforcement of the visa program for high-skilled guest workers, in the form of more-targeted worksite inspections…and in investigations of discrimination against U.S. workers in the hiring process.

“…U.S. Citizenship and Immigration Services (USCIS) said it would enhance and increase site visits, interviews and investigations of employers to prosecute H-1B program violators and ensure that American workers are not overlooked or replaced in the hiring process.  

“…Employers in this environment should already be preparing for site visits if they have any foreign nationals on their worksite, said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management. ‘If your organization falls under one of the targeted categories, ensure all relevant personnel are prepared for a site visit, including HR managers, the managers of the H-1B workers and the visa holders themselves. Even if you are not in one of the categories to receive extra attention, but you have foreign workers, you should be prepared.’

“…Separately, the Department of Justice (DOJ) cautioned employers petitioning for H-1B visas to ensure they are not discriminating against U.S. workers based on citizenship or national origin when recruiting or making hiring decisions.

“…‘The DOJ announcement is interesting, because the Immigrant and Employee Rights Section was initially set up to protect foreign nationals, but we have seen a focus [coming out of that office ]—even before this release—on protecting U.S. workers,’ Storch said. ‘It's not really a surprise, but an indication that the office will increase focus on employers who are perceived as discriminating against U.S. workers.’”

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