H-1B visa scrutiny rises as DOJ launches discrimination probes

The US Department of Justice (DOJ) has begun investigations into claims of hiring discrimination linked to the H-1B visa program, Newsweek has reported. The development comes as Trump administration officials signal tighter oversight of the skilled worker visa scheme, which has long been at the center of debate in Washington.

Assistant Attorney General for Civil Rights Harmeet Dhillon told Infowars that several probes are already open under the DOJ’s Civil Rights Division. These investigations are examining allegations that some companies gave preference to H-1B visa holders instead of hiring qualified American workers. "Through our Protecting US Workers Initiative, the Civil Rights Division's Immigrant and Employee Rights section has numerous open investigations into hiring practices that discriminate against American citizens, and the list continues to grow. We encourage anyone aware of such practices to notify the Civil Rights Division so we can determine if an investigation and enforcement action is needed," Dhillon said.

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The H-1B program issues up to 85,000 new visas each year, allowing US employers to hire foreign professionals in sectors such as technology, medicine, and engineering. It does not include extensions for existing holders. For decades, the program has been a flashpoint in the immigration debate. Supporters argue that it fills talent shortages in critical industries, while opponents say it undercuts wages and displaces US workers.

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Political divide over H-1B

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Republican leaders have taken different positions on the visa program. Florida Governor Ron DeSantis has called it a "total scam," alleging that companies dismiss Americans while hiring workers on temporary visas, many from India. Commerce Secretary Howard Lutnick told Fox News he supports ending the current lottery system in favor of wage- or merit-based allocation, saying, "I am involved in changing the H-1B program because that is terrible."

Recent enforcement actions
The DOJ has stepped up enforcement through its Protecting US Workers Initiative. In June, California-based Epik Solutions was required to pay nearly $71,900 to resolve allegations that it posted job advertisements limited only to H-1B applicants, which the department said violated the Immigration and Nationality Act.

System changes already underway
Policy changes are also reshaping the process. Morgan Bailey, partner at Mayer Brown and former Homeland Security official, told Newsweek that the US Citizenship and Immigration Services (USCIS) has shifted to a beneficiary-centric lottery for FY 2025. This prevents multiple entries of the same individual by different companies. "This levels the playing field, so companies that register a large number of unique candidates are more likely to see a higher number of approvals," Bailey said.

Stephen Yale-Loehr, a Cornell immigration law professor and attorney, told Newsweek that despite abuses, most employers comply with the rules. "Every government program has a few people who try to scam the system. But we shouldn't throw out the baby with the bath water and abolish the H-1B visa program," he said.

The Department of Homeland Security is preparing a rule that would award H-1B visas by wage levels rather than random draw. Federal reviewers cleared the proposal last month, paving the way for a significant change in how skilled foreign workers are selected.