IRLI Critiques Biden Proposed H1-B Rule

January 2, 2024

Shows proposal too weak to stop fraud

WASHINGTON—Does the Biden Administration want there to be more H1-B fraud? That’s what its new proposal for the H1-B system suggests, the Immigration Reform Law Institute (IRLI) demonstrates in its public comment on the administration’s proposed rule for the program.

IRLI shows that fraud takes place in the H1-B application process because strong proof of the identity of applicants—such as a photo and passport number—is not required at each step of the application process. Instead, only a name and date of birth must be included on the forms. There is nothing to stop false names from being submitted, such as when, in one example of past fraud, child sex slaves were smuggled into the country from India using the H1-B program. The Biden proposal does nothing to fix this deficiency.

“It is hard to escape the conclusion that the administration doesn’t want to crack down on H1-B fraud because it benefits certain business interests,” said Dale L. Wilcox, executive director and general counsel of IRLI. “One would expect an administration, if it were voted in by the people, to craft rules implementing Congress’s purpose, clearly manifest in the H1-B statute, to protect American workers. There is little of that in this proposed rule, and we hope the administration strengthens it considerably before issuing a final version.”

The proposed rule is Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers, DHS Docket No. USCIS-2023-0005.