DOL launches investigations into PERM, H‑1B, and J‑1 programs

Last Thursday, the Trump Administration announced investigations into several organizations’ use of the PERM labor certification program, the H‑1B program, and the J‑1 exchange visitor program. The Department of Labor notified affected organizations that it was suspending the processing of their PERM applications, including pending cases and future filings.

The H‑1B and PERM inquiries build on an investigation that DOL’s Inspector General announced this summer. Thursday’s announcement signals closer scrutiny of whether immigration filings accurately describe an organization’s recruitment, hiring, pay, and work arrangements.

The Administration also announced investigations into nine universities’ use of the J‑1 program, alleging that they were using foreign researchers to undercut the pay of American graduate students and researchers. DOL’s Inspector General said subpoenas had been served and described concerns about foreign financial ties and improper foreign influence.

Employers should monitor the situation and review compliance. Organizations at higher risk of scrutiny should work with immigration counsel and internal counsel’s office to review current practices and sponsorship plans before submitting immigration filings. Communications related to a government investigation – including subpoenas, document requests, legal-hold notices, or government notices of suspended processing – should be sent immediately to the company’s general counsel and Fragomen team.

Read the full story at fragomen.com.