H-1B fraud

H-1B visas face major scrutiny as labor fraud probe expands

The Labor Department’s inspector general says federal investigators have issued subpoenas and executed search warrants in foreign labor fraud investigations linked to H-1B enforcement.

By
h-1b visas: H-1B visas face major scrutiny as labor fraud probe expands

H-1B visas are facing expanded federal scrutiny after the U.S. Department of Labor’s Office of Inspector General announced new investigations into alleged foreign labor fraud, worker exploitation and possible human trafficking. The investigations place the program and related labor-certification practices under closer review. The Sept. 18, 2026, announcement followed President Donald Trump’s signing of an executive order and a proclamation focused on the integrity of the H-1B program.

Inspector General Anthony P. D’Esposito said investigators have issued dozens of subpoenas and executed search warrants as part of an enforcement effort involving federal law-enforcement partners. The review is part of a broader effort to examine possible labor-related wrongdoing. The announcement did not identify the targets of the warrants or describe any charges resulting from the investigation.

The OIG statement said visa applications connected to Cognizant and Cloudera had been suspended while the criminal investigation proceeds. The statement linked those actions to related filings, but did not explain the precise scope of the suspensions. That statement should be read alongside earlier Department of Labor and Department of Justice actions involving Cloudera, including a 180-day suspension of the company’s permanent labor certification applications and a federal immigration-related discrimination case.

What the Labor Department inspector general announced

The Labor Department OIG said its investigation is examining alleged schemes involving foreign labor fraud, exploitation of workers and potential human trafficking. For these cases, the agency’s inquiry could involve the labor representations and recruitment practices used to support filings. The agency said investigators are working with Acting Labor Secretary Keith Sonderling, other federal law-enforcement agencies and a White House task force focused on fraud.

According to the announcement, the investigation has already involved subpoenas and search warrants. Those investigative steps indicate that federal authorities are gathering evidence, but they do not establish that any company or individual committed a crime. The OIG did not announce indictments, convictions or final administrative findings in the Sept. 18 release.

D’Esposito described the investigation as a criminal-enforcement effort rather than only a compliance review. The effort is intended to pursue credible leads, trace financial activity and refer evidence to prosecutors when appropriate, the OIG said.

People with information about suspected foreign labor fraud, worker exploitation or human trafficking connected to Labor Department programs can contact the DOL OIG hotline at 1-800-347-3756. The hotline is intended for reporting suspected wrongdoing involving Department of Labor programs or operations.

How the action affects H-1B visas and employers

H-1B visas allow U.S. employers to temporarily hire foreign workers for specialty occupations. The program involves multiple agencies, including the Departments of Labor, Homeland Security and State. Labor Department reviews can include wage requirements, labor condition applications and permanent labor certification matters, while immigration petition and visa decisions are handled through separate processes.

For employers sponsoring H-1B visas, the latest announcement increases the risk that questionable recruitment practices, wage representations, job descriptions or worker qualifications could draw scrutiny across agencies. Companies that use staffing, outsourcing or third-party placement models may face particular attention if investigators believe those arrangements were used to misrepresent job duties, wages, working conditions or the availability of U.S. workers.

The White House executive order signed Sept. 18 directs greater interagency coordination in administering the H-1B program. The order addresses the program by identifying alleged practices such as displacing American workers, misrepresenting job duties or working conditions, falsely presenting jobs as specialty occupations and submitting questionable educational credentials.

The order also directs the Labor, Homeland Security and State departments to coordinate with other federal agencies and use additional information concerning wages, employment conditions and occupational specialization. It does not declare that every employer or visa holder has violated the law. Its stated purpose is to improve program integrity and agency coordination.

Cloudera already faces separate federal actions

Cloudera is not being mentioned for the first time in connection with federal scrutiny. In April 2026, the Justice Department’s Civil Rights Division filed a complaint alleging that the company discriminated against U.S. workers in favor of workers holding temporary visas.

The complaint alleged that Cloudera used a separate recruitment process for certain technology positions tied to permanent labor certification. The Justice Department said the process included an email address that did not accept outside messages, which allegedly prevented some U.S. workers from applying.

In May, the Department of Labor announced that its Employment and Training Administration had suspended processing of Cloudera’s PERM applications for 180 days. PERM is the labor certification process generally used by employers seeking to sponsor foreign workers for permanent residence. The suspension is separate from visa decisions and could be extended depending on the outcome of the Justice Department investigation.

Those allegations remain allegations unless and until resolved through court proceedings or another formal process. The publicly announced Cloudera case involves alleged discrimination and labor certification practices; the Sept. 18 OIG release separately described a broader criminal investigation involving foreign labor fraud and other conduct.

What is known about Cognizant

The OIG’s Sept. 18 release named Cognizant alongside Cloudera when stating that visa applications had been suspended pending the criminal investigation. The release links the suspension to H-1B visas in the broader context of the announcement, but it did not provide details about the allegations involving Cognizant, identify the affected visa categories or specify how many applications were involved.

Because the investigation is ongoing, employers, workers and the public should not treat the announcement as a finding of wrongdoing by Cognizant. That uncertainty is especially important because additional information would be needed to determine the precise legal issues, the scope of any suspension and the effect on individual workers or pending applications.

Applicants and employers with a pending matter should rely on written notices from the responsible agency and consult qualified immigration counsel before changing travel, employment or filing plans. People pursuing H-1B visas should not assume that a public enforcement announcement alone answers whether a particular petition, labor certification application or visa application is affected.

Separate proclamation extends H-1B entry restrictions

Alongside the executive order, the White House issued a proclamation continuing restrictions on the entry of certain H-1B workers. The proclamation concerns H-1B visas and extends the prior policy for 12 months beginning at 12:01 a.m. Eastern time on Sept. 21, 2026, unless changed or extended.

Under the proclamation, certain H-1B petitions for workers outside the United States must be accompanied or supplemented by a $100,000 payment, subject to stated exceptions. For H-1B visas, the restriction applies to entry and directs agencies to take steps concerning petitions for workers who are outside the country. It does not mean that every H-1B worker already in the United States is automatically subject to the payment requirement.

The proclamation also includes a national-interest exception that may be applied at the discretion of the Secretary of Homeland Security. The exception can affect H-1B visas in qualifying circumstances, but employers should review the exact scope and implementation guidance rather than assume that the proclamation applies uniformly to all cases.

Practical next steps for employers and workers

  • Employers should preserve records. Employers sponsoring H-1B visas should retain recruitment materials, wage data, job descriptions, application records, worker qualifications and communications that may be relevant in a government review.
  • Review third-party arrangements. Staffing, outsourcing and placement agreements supporting the program should accurately describe who controls the work, where it is performed and how workers are paid.
  • Check agency notices. Notices involving the program should be reviewed carefully because a general news release does not replace a formal notice about a specific petition, labor certification application or visa case.
  • Workers should document concerns. Workers who believe they were excluded from a job or pressured to pay improper fees should preserve advertisements, emails, application records and payment requests.
  • Use official reporting channels. Suspected wrongdoing involving Labor Department programs can be reported to the DOL OIG hotline at 1-800-347-3756.

The effect of the new policy and investigations will depend on future agency guidance, court proceedings and any additional announcements from the Labor Department, Justice Department, Homeland Security Department or State Department. For now, the Sept. 18 announcement signals closer scrutiny of employers that use H-1B visas and related labor-certification programs, while leaving the specific scope of the ongoing investigations unresolved.

Frequently Asked Questions

What did the Department of Labor inspector general announce on Sept. 18, 2026?

The DOL inspector general said investigators had issued dozens of subpoenas and executed search warrants in investigations involving alleged foreign labor fraud, worker exploitation and possible human trafficking.

Are H-1B visa applicants from Cognizant and Cloudera automatically denied?

The OIG release said visa applications from Cognizant and Cloudera had been suspended pending the investigation. It did not provide enough detail to determine how individual applications are affected, so applicants should rely on official case notices and qualified legal advice.

What is the Cloudera case about?

The Justice Department alleges that Cloudera used a recruitment process that discouraged or prevented some U.S. workers from applying for technology jobs connected to permanent labor certification. Cloudera’s case remains subject to legal proceedings.

What should employers using H-1B visas do now?

Employers should review recruitment, wage, job-duty, worker-qualification and recordkeeping practices; preserve relevant documents; examine third-party staffing arrangements; and respond promptly to any formal agency notice.

How can someone report suspected foreign labor fraud?

The Department of Labor OIG says suspected wrongdoing involving Labor Department programs can be reported through its hotline at 1-800-347-3756.

Fact-Checked: Verified against the Sept. 18, 2026 DOL OIG release, White House executive order and proclamation, and official Labor and Justice Department materials concerning Cloudera.

Disclaimer: This article is informational and does not provide individualized immigration or legal advice.

New Minimum Wage In Canada and 5 Provinces, Effective April 1

New Ontario Minimum Wage Increase, Effective October 1

Kamal Deep Singh, RCIC

Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.

Discover more from INUS News

Subscribe now to keep reading and get access to the full archive.

Continue reading

10 New Canada Laws and Rules Taking Effect In August 2026

4 New CRA Benefit Payments Coming In August 2026

New Express Entry Draw On August 5 Sent 3,000 PR Invitations

New Ontario-OINP Permanent Residence Pathway Intake Is Now Open

New CRA Breach Settlement Claims Now Open For Up To $5,000