Labor Department Urges Subcommittee to Adopt
Government Accountability Office Recommendations on H-1B Labor
Provisions

Recommendations Would Strengthen DOL's Enforcement Authority

WASHINGTON — A U.S. Department of Labor official testifying today before the House Committee on the Judiciary, Subcommittee on Immigration, Border Security and Claims, highlighted the department's strong enforcement record despite limited enforcement authority under the Immigration and Nationality Act's H-1B visa program.

The H-1B program, which is limited to 65,000 visas per year, permits employers to temporarily hire skilled non-immigrants to fill specialized jobs in the United States, such as jobs in the technology and science fields. The department's Employment and Training Administration administers the application process and the Wage and Hour Division of the department's Employment Standards Administration enforces the program.

Alfred B. Robinson, acting administrator of the Wage and Hour Division, testifying on behalf of the department, urged the subcommittee to adopt two Government Accountability Office (GAO) report recommendations that would eliminate current enforcement restrictions. "By adopting the GAO recommendations, the Department of Labor will have the authority to use information from other federal agencies as a basis for an investigation," said Robinson.

The GAO noted that from FY 2000 to FY 2005 the Wage and Hour Division has increased H-1B back wage findings from $1.2 million to $5.2 million. Robinson added, "These enforcement statistics reflect the department's commitment to effectively enforce the law for workers, given the limitations in the current statute.

"If Congress implements these recommendations, the result will be an increase in H-1B enforcement, enhanced employer compliance with the program and increased protection for both U.S. and legal foreign-born workers," said Robinson.

The department also urged Congress to consider additional statutory changes to the existing legislation to provide greater flexibility in the use of H-1B fraud fees. The suggested change would enable the Wage and Hour Division to maintain its strong H-1B anti-fraud enforcement and strengthen overall enforcement activity to further combat fraud and protect American workers.

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Archived News Release — Caution: Information may be out of date.