Senator Collins Introduces Legislation To Prevent Fraud Of H-1B Visa Program

Press Release

SENATOR COLLINS INTRODUCES LEGISLATION TO PREVENT FRAUD OF H-1B VISA PROGRAM

Ranking Member of the Senate Homeland Security Committee, Senator Susan Collins, today announced bipartisan legislation designed to prevent fraud of the current H-1B visa program. The H-1B Visa Fraud Prevention Act would detect employers who do not have legitimate business operations that require H-1B workers and only intend to transfer the H-1B workers they receive to another employer. The bill also prohibits employers from contracting their H-1B workers to an employer in another state.

Senator Collins' legislation also would remove the numerous restrictions currently in place on Department of Labor's ability to investigate H-1B visa abuse. Under the bill, the Department would be able to investigate applications that have clear indicators of fraud or misrepresentation, instead of simply checking for completeness and inaccuracies, as the current law provides. Additionally, the bill would eliminate the current provision that requires that the Secretary of Labor approve each individual investigation. Current fines will be doubled, to deter further abuse of the H-1B system.

The bill would also call for the Customs and Immigration Services to work more closely with the Department of Labor to ensure that the H-1B visa system remains strong.

Last fall, the Portland Press Herald printed a three-part series after weeks of investigating H-1B abuses. The newspaper found evidence of shell companies filing applications in Maine, with no evidence of H-1B visa holders working for those businesses in Maine. One company rented office space in Portland and quickly filed over 160 H-1B visa and green card applications on behalf of foreign workers while the office's mail was forwarded to New Jersey.

Source