Daijiworld Media Network - Washington
Washington, Oct 6: Republican US lawmaker Beth Van Duyne has introduced legislation seeking to significantly increase penalties for serious H-1B visa violations, with fines for certain offences proposed to rise to as much as $250,000 and some employer sponsorship bans to be extended to at least 10 years.
Van Duyne, a Representative from Texas, announced the H-1B Visa Fraud Crackdown Act on Monday, arguing that existing penalties were insufficient to deter employers from abusing the visa programme.
The legislation, H.R. 10643, is co-sponsored by Republican Representatives Brian Babin, Pat Fallon, Brandon Gill, Keith Self and Pete Sessions, all from 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," she added.
Under the proposed legislation, the maximum civil penalty for covered willful H-1B violations would increase from $5,000 to $100,000. According to Van Duyne's office, such violations could include misrepresenting the job being performed or underpaying an H-1B worker.
For violations involving the willful displacement of US workers, the maximum civil penalty would rise from $35,000 to $250,000.
The proposed statutory changes are contained in the two-page legislation introduced in the House of Representatives.
Employers found responsible for serious willful violations would also face longer bans on sponsoring H-1B workers.
The minimum sponsorship ban would increase from two years to five years for serious willful violations. Where the violations also involve displacement of US workers, the minimum ban would rise from three years to 10 years.
The legislation separately proposes 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. In cases involving violations committed after 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 proposed 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 H-1B applications had been approved.
The figures cited by Van Duyne's office were not included 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," she added.
The measure is currently proposed legislation and has not become law. It would have to be passed by both the House and Senate and signed by President Donald Trump before the proposed higher penalties could take effect.