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ESA News Release: [06/22/2006]
Contact Name: Dolline
Hatchett or David James
Phone Number: (202) 693-4676 or x4650
Release
Number: 06-1079-NAT
Labor Department Urges Subcommittee to Adopt
Government
Accountability Office Recommendations on H-1B Labor
Provisions
Recommendations Would Strengthen DOL's
Enforcement Authority
WASHINGTON — A U.S. Department of Labor official testifying
today before the House Committee on the Judiciary, Subcommittee on Immigration,
Border Security and Claims, highlighted the department's strong enforcement
record despite limited enforcement authority under the Immigration and
Nationality Act's H-1B visa program.
The H-1B program, which is limited to 65,000 visas per year, permits
employers to temporarily hire skilled non-immigrants to fill specialized jobs
in the United States, such as jobs in the technology and science fields. The
department's Employment and Training Administration administers the application
process and the Wage and Hour Division of the department's Employment Standards
Administration enforces the program.
Alfred B. Robinson, acting administrator of the Wage and Hour Division,
testifying on behalf of the department, urged the subcommittee to adopt two
Government Accountability Office (GAO) report recommendations that would
eliminate current enforcement restrictions. "By adopting the GAO
recommendations, the Department of Labor will have the authority to use
information from other federal agencies as a basis for an investigation," said
Robinson.
The GAO noted that from FY 2000 to FY 2005 the Wage and Hour Division
has increased H-1B back wage findings from $1.2 million to $5.2 million.
Robinson added, "These enforcement statistics reflect the department's
commitment to effectively enforce the law for workers, given the limitations in
the current statute.
"If Congress implements these recommendations, the result will be an
increase in H-1B enforcement, enhanced employer compliance with the program and
increased protection for both U.S. and legal foreign-born workers," said
Robinson.
The department also urged Congress to consider additional statutory
changes to the existing legislation to provide greater flexibility in the use
of H-1B fraud fees. The suggested change would enable the Wage and Hour
Division to maintain its strong H-1B anti-fraud enforcement and strengthen
overall enforcement activity to further combat fraud and protect American
workers.
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