U.S. Rep. Bill Pascrell, Jr. (D-NJ-08) the author of comprehensive legislation to strengthen federal enforcement of the H-1B program today released the following statement in response to a Department of Homeland Security report on H-1B violations:

“The Department of Homeland Security’s report that finds fraud is a factor in as many as one in three H-1B applications should be a call to action for Congress to immediately reform this broken worker visa program.  These are troubling results that indicate a real need for the Department of Labor to take up a stronger enforcement role in administering the H-1B program. 

"My legislation would take punitive action against companies that do not put Americans workers first.  It would punish those who seek to take advantage of foreign H-1B workers.  Currently there is no enforcement mechanism in place that is strong enough to deter employers from paying foreign workers below the prevailing wage in violation of the H-1B program.  With these audit results, it has become very clear that it would be irresponsible to increase the number of H-1B visas before the program is fixed and enforced.”

Pascrell’s H-1B legislation, the Defend the American Dream Act would:

• Require that H-1B workers be paid the local prevailing or median wage for the occupational classification in the attended area of employment;
• Require all employers to actively recruit American workers before they can apply for H-1B visa workers;
• Require all employers who want to apply for H-1B visa workers to advertise a job availability for 30 days on the Department of Labor website;
• Centralize H-1B program administration and enforcement by making the Secretary of Labor responsible for investigations and authorizes the Secretary to conduct audits to determine the level of employer compliance with the H-1B program;
• Double civil penalties for employer noncompliance with H-1B program requirements;
• Strengthen whistleblower protections for those who report violations of H-1B program requirements    

The legislation is awaiting action in the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law.

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