A Republican lawmaker has introduced legislation that would raise penalties for serious H-1B visa violations to as much as $250,000, extend some employer sponsorship bans to at least 10 years and sharply increase fines for immigration document fraud
WASHINGTON — A Republican lawmaker has introduced legislation that would raise penalties for serious H-1B visa violations to as much as $250,000, extend some employer sponsorship bans to at least 10 years and sharply increase fines for immigration document fraud.
Rep. Beth Van Duyne of Texas announced the H-1B Visa Fraud Crackdown Act on Monday, saying existing penalties were too small to deter employers from abusing the programme.
The legislation, H.R. 10643, is co-sponsored by Republican Reps. Brian Babin, Pat Fallon, Brandon Gill, Keith Self and Pete Sessions, all of Texas.
"When a business can lie to the government and push American workers aside for cheaper labor, and the worst it faces is a $5,000 fine, many view that as the cost of doing business," Van Duyne said.
"The H-1B Visa Fraud Crackdown Act changes the penalties. American jobs should go to American workers, and fraudsters should face real accountability for their actions."
The bill would raise the maximum civil penalty for covered willful H-1B violations from $5,000 to $100,000. Van Duyne's office said those violations could include lying about the job being performed or underpaying an H-1B worker.
For violations involving the willful displacement of US workers, the maximum civil penalty would increase from $35,000 to $250,000.
The statutory changes are contained in the two-page legislation introduced in the House.
Employers found responsible for serious willful violations would also face longer periods during which they could not sponsor H-1B workers.
The minimum sponsorship ban would increase from two years to five years for serious willful violations. For violations that also involve displacement of US workers, the minimum ban would increase from three years to 10 years.
The legislation would separately impose substantially higher penalties for immigration document fraud.
For covered violations, penalties currently ranging from $250 to $2,000 would increase to between $1,000 and $10,000 per document. For violations following a previous order, fines would rise from the current $2,000-$5,000 range to between $20,000 and $50,000 per document.
Van Duyne linked the legislation to allegations of H-1B fraud in North Texas.
Her office said Homeland Security Secretary Mullin had confirmed that, as of June, nearly 60 per cent of H-1B employer fraud investigations nationwide were concentrated in the North Texas region.
Van Duyne's office also said Labor Department Inspector General D'Esposito visited North Texas in August and found nearly 500 instances of likely H-1B visa fraud in a single building. It said no one answered the door at addresses he visited where an H-1B application had been approved.
Those figures were presented by Van Duyne's office and were not contained in the text of the legislation.
"I'm thankful for the Administration's quick response," Van Duyne said.
"American workers should not lose opportunities because an employer is willing to break the law to get cheaper labor. If a business decides it makes more economic sense to break the law and kick American workers to the curb, they should feel major pain for undercutting our economy and our hardworking employees."
The measure is proposed legislation and has not become law. It would have to clear the House and Senate and be signed by President Donald Trump before the higher penalties could take effect.