Grassley Works to Eliminate Fraud and Abuse from H-1B Visa Program

WASHINGTON – Senator Chuck Grassley, along with Senator Dick Durbin today introduced legislation to reform the H-1B and L visa programs. The legislation helps to root out fraud and abuse and ensure that Americans are given every consideration when applying for jobs. 

The legislation makes reforms to increase enforcement, modify wage requirements, and ensure protection for visa holders and American workers. The bill does not eliminate the program or change the numerical cap of visas available to petitioning employers.

"The H-1B program was never meant to replace qualified American workers. It was meant to complement them because of a shortage of workers in specialized fields. In tough economic times like we're seeing, it's even more important that we do everything possible to see that Americans are given every consideration when applying for jobs. If there aren't qualified Americans, companies can use the legal immigration programs we have available, but we must return the H-1B and L visa programs back to their original intent," Grassley said.

In October 2008, the U.S. Citizenship and Immigration Services released a Benefit Fraud and Compliance Assessment that highlighted rampant fraud in the program. The report revealed more than a 20 percent violation rate by those who use the H-1B visa program.  

"When Citizenship and Immigration Services reports that there is more than a 20 percent violation rate in the H-1B visa program, it's pretty clear that many companies are abusing the program and not using it as was intended. Fraud and abuse of the H-1B visa program will not be tolerated and our bill puts companies on notice," Grassley said. "Our legislation to reform the program will benefit American worker, while still ensuring that U.S. companies get the highly specialized workers they need." 

Grassley is a proponent of legal immigration, but believes that fraud and abuse has become all too prevalent in the H-1B visa program. He has led the effort to close loopholes and enact reform in the H-1B visa program and introduced similar legislation with Durbin in the 110^th Congress. Grassley has also asked questions of both American and foreign based companies about their use of the H-1B visa program. 

The Durbin-Grassley bill would, among other things:

·         Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.

·         Prohibit the blatantly discriminatory practice of "H-1B only" ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50 percent of their employees are H-1B and L-1 visa holders.

• Permit the Department of Labor to initiate investigations without a complaint and without the Labor Secretary's personal authorization;

• Authorize the Department of Labor to review H-1B applications for fraud;

• Allow the Department of Labor to conduct random audits of any company that uses the H-1B visa program;

• Require the Department of Labor to conduct annual audits of companies who employ large numbers of H-1B workers.

• Provide safeguards for visa holders so they know their rights under the law. This would include wage rates and access to benefits.

·         Establish a process to investigate, audit and penalize L-1 visa abuses.