The Justice Department issued a startling warning Monday to companies applying for the country’s most prominent high-tech guest-worker program, telling executives to be sure they’re looking for Americans to fill those jobs first.
The warning came on the first day of applications for the H-1B visa program, which doles out at least 85,000 work permits to foreigners who claim high skills such as computer programming that are in demand in the U.S.
Donald Trump during the presidential campaign had promised to crack down on H-1B visas, saying the program was being abused by companies looking to replace American workers with potential immigrants. He has yet to take any concrete steps, drawing fire from some of his staunchest supporters who said he’s failed to live up to his promises.
But the Justice Department’s warning appeared to be a small step.
“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Tom Wheeler, acting assistant attorney general for the civil rights division.
He said the administration will investigate and “vigorously” prosecute any violators.
His warning marked a major break with the Obama and Bush administrations — though less than some analysts had hoped for.
“It strikes me as a kind of consolation prize for the H-1B reform people,” said Mark Krikorian, executive director at the Center for Immigration Studies.
He said Mr. Trump would have been hard-pressed to make large-scale changes to the program, given he’s been in office for less than three months and still hasn’t nominated a head of U.S. Citizenship and Immigration Services, the agency that oversees the program.
Still, Mr. Krikorian said Mr. Trump might have made some corrections such as scrapping the lottery system used to dole out applications and instead saying those that promised the highest salaries would be selected. That move could have hamstrung companies who want to use foreign workers to undercut Americans’ wages.
The Obama Justice Department conducted an investigation into a major H-1B controversy at Southern California Edison, where workers said they were laid off in favor of foreigners — and some were even forced to train their replacements.
That probe concluded without any charges.
H-1B visas are so popular that companies are expected to file three times more applications than there are visas available, meaning USCIS will resort to a lottery to decide the winners.
Still, both sides say the H-1B program is clunky and not a good way to juggle the needs of American workers or the American economy.
Mr. Trump has had a curious history with the H-1B program. During the campaign, his official stance was the program needed to be curtailed or scrapped — though he also said he would welcome high-skilled foreign workers.
His wife, Melania, used the H-1B program during the 1990s to remain and work in the U.S. as a fashion model, earning five such visas. Eventually, she was awarded a “green card,” signaling legal permanent residency.
Businesses say they rely on H-1B workers to fill important slots at their companies.
A number of tech companies complained earlier this year that Mr. Trump’s “extreme vetting” program to weed out dangerous visitors from a half-dozen terrorism-rattled countries would hurt their ability to recruit high-skilled workers.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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