As the U.S. Department of Labor continues efforts to confront visa program fraud and abuse, the Department announced that it will publish updates to the H-1B Labor Condition Application (Form ETA-9035) and worker complaint form (Form WH-4). These changes are intended to improve H-1B program compliance and promote more transparency regarding the employment of foreign temporary workers.
The Labor Condition Application form updates will require employers to provide more detailed information about H-1B worker employment conditions, including:
- Disclosing all places of employment for H-1B workers, including periods of short duration.
- Providing the estimated number of H-1B workers at each place of intended employment.
- Requiring the clear identification of secondary entities who are using H-1B workers.
- Requiring H-1B dependent employers who are claiming an exemption on the basis of education, such as a master’s degree, to provide documentation of the degree.
Revisions to the worker complaint form include added data fields designed to better describe the nature of an alleged program violation.
To allow time for transition, the new forms will be made available for use in the coming weeks. An announcement will be made on the Office of Foreign Labor Certification’s website identifying the date when they will be made available.
Since 2017, the Department of Labor has taken action to combat visa fraud and abuse and encourage U.S. workers to report complaints, including:
- Established protocols for referring matters related to criminal fraud to the Department’s Office of Inspector General for investigation.
- Directed the Department’s Wage and Hour Division to use all its tools in conducting civil investigations to enforce labor protections provided by the visa programs.
- Signed an agreement with the U.S. Department of Justice to refer complaints from U.S. workers who believe they have been discriminated against based on nationality or citizenship.
To learn more about the H-1B program and to access the Labor Condition Application, please visit the Office of Foreign Labor Certification website. To learn more about reporting H-1B program violations and to access the complaint form, please visit the Wage and Hour Division website.