The H-1B visa program is likely to look very different over the next year as the Trump administration increases scrutiny of foreign-labour programs. The US Labor Department’s Inspector General, Anthony D’Esposito recently warned that an ongoing investigation into alleged fraud and worker exploitation could lead tougher enforcement.

Will Visa Rules Change?

In conversation with Benny Johnson, D’Esposito said the government is “building a case” and suggested that the focus from the White House and the administration reflects a broader effort to examine how foreign-labour programs are being used. He said he expects the foreign-labour visa program to look “very different” 365 days from now.

"We are building a case. I think that the efforts and focus that you see from the White House and from this administration is telling a story. We are laying out the case very vividly to the American people. I think that the foreign labor visa program is going to look very different 365 days from now than it does today,” D’Esposito said.

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Probe Over Visa Fraud Intensifies

His statement comes as the Labor Department’s Office of Inspector General is conducting a nationwide investigation into fraud, worker exploitation and possible human trafficking connected to foreign-labour programs. The investigation has already resulted in enforcement actions.

The probe also comes alongside a wider effort by the White House to increase oversight of H-1B visas. A September 18 executive order directed the Departments of Labor, Homeland Security and State to consider whether an employer has laid off similarly situated US workers when reviewing H-1B applications. Moreover, the administration has also extended restrictions on the entry of certain H-1B workers through September 21, 2027.

Under the proclamation, covered H-1B petitions for workers outside the United States generally require a USD 100,000 payment. The rule also includes specified exceptions.

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