More companies may face action in H-1B probe, warns US Labour Department's Anthony D’Esposito

US Labour Department Inspector General Anthony D’Esposito Sthat more companies could face action as the Trump administration expands its investigation into alleged misuse of employment-based immigration programmes, including H-1B visas and employment-based green cards.

Speaking in an interview with Fox News, D’Esposito said temporary work visas were not intended to serve as a long-term business model for companies.

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“The visa system and these visas that are in place are all temporary. They are not a method of doing business,” he said.

H-1B visas only when American workers are unwilling or unable

D’Esposito said companies should use the H-1B visa programme only when they cannot find an American worker willing and able to perform the same job.

“You are only supposed to use an H-1B visa if you can’t find a willing and able American to do the same job,” he said.

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Describing the administration's approach as a measure to protect domestic workers rather than an anti-immigration move, he added, “It’s not Anti-Immigration, it’s putting American workers first. Nobody can tell me that we don’t have the best and brightest here in the United States.”

More companies could face scrutiny

His remarks come amid an expanding federal investigation into alleged fraud and misuse of employment-based immigration programmes. In October, the administration suspended Microsoft, Adobe and six technology and outsourcing companies including Cognizant, Infosys, Tata Consultancy Services, Wipro, HCL Technologies and Capgemini, from the Permanent Labour Certification (PERM) programme.

The suspensions halted their PERM applications, affecting the employment-based green card process for foreign workers associated with these companies. The action followed allegations that some employers had used the programme to replace American workers with lower-paid foreign employees.

D’Esposito said that the investigation could widen, with additional companies and educational institutions potentially facing suspensions. Federal investigators are examining alleged fraudulent applications, wage kickbacks and other violations of immigration programme rules.