The Department of Labor (DOL) recently announced the launch of a new H-1B enforcement initiative with the goal of safeguarding “the rights, wages, and job opportunities of highly skilled American workers”.

The DOL already has the authority to investigate and enforce H-1B compliance, as summarized in one of its Fact Sheets (Fact Sheet 62S). Now, the Secretary of Labor may certify the initiation of investigations. Historically, DOL investigations were complaint driven.

What this means for employers is that the frequency and depth of DOL investigations are likely to rise. It is possible that more violations will be identified across the board and that there may be more findings of “willful” violations. Violations are typically penalized with civil monetary penalties and/or payment of back wages. For more serious violations, employers may be “debarred” for a period of at least one year, subject to random investigations for a period of 5 years, and/or subject to stricter LCA filing requirements for H-1Bs for a period of 5 years.