H-1B Could Get Much Tougher Over Next 1 Year

The H-1B visa program could look very different over the next 12 months as the Trump administration expands its crackdown on alleged fraud and abuse in the foreign labour system. US Labor Department Inspector General Anthony D’Esposito has warned that the program may undergo major changes within the next 365 days.

The warning comes amid a wider investigation into alleged foreign labour fraud, worker exploitation and potential human trafficking. Federal investigators have already issued dozens of subpoenas and executed search warrants. The Labor Department has also suspended visa applications involving Cognizant and Cloudera while the criminal investigation continues.

At the same time, the White House has introduced additional scrutiny for H-1B applications. A September 18 executive order directs authorities to consider whether companies sponsoring H-1B workers have recently laid off similarly placed US employees. The Labor Department has also been ordered to review previously submitted labour condition applications for possible violations.

The administration has separately extended restrictions on certain H-1B workers entering the US until September 21, 2027. For covered cases involving workers outside the US, the policy generally requires a $100,000 payment, subject to exceptions.

The latest developments suggest that H-1B employers and foreign workers could face closer scrutiny, stronger compliance requirements and more enforcement in the coming year. However, officials have not announced plans to abolish the H-1B program. The focus so far is on investigations, enforcement and further policy changes.