Archive · 28 Aug 2026
Trump Administration Escalates Scrutiny of H-1B Hiring Practices
The H-1B program allows some skilled workers from other countries to work in the United States.
The Trump administration says some companies misuse the program to hire cheaper workers instead of Americans.
Assistant Attorney General Harmeet Dhillon criticized companies that do not advertise jobs through their usual channels.
Her comments followed a Massachusetts job advertisement that appeared to ask specifically for an H-1B worker.
The Justice Department said it formally opened an investigation into that advertisement.
The administration is also proposing a large new fee for some H-1B applications.
It has changed the visa selection system to favor higher-paid jobs and is considering reducing protections for workers who lose their jobs.
Supporters of the changes say they protect American workers, while critics of tighter rules could argue that companies rely on international talent, though the article does not quote a direct response from those critics.
Assistant Attorney General Harmeet Dhillon accused some U.S. companies of using H-1B and other visa programs to hire cheaper foreign workers.
The Justice Department launched a formal investigation into a Massachusetts job advertisement stating “Need H1b.”
The administration says employers must provide equal opportunities to American workers and avoid national-origin discrimination.
The Department of Homeland Security proposed an additional $103,265 fee on certain H-1B petitions after an earlier $100,000 fee faced legal setbacks.
The administration has also replaced the H-1B lottery with wage-weighted selection and is considering ending the 60-day job-loss grace period.
- Who
- The Trump administration, Assistant Attorney General Harmeet Dhillon, the U.S. Department of Justice, and federal employment agencies are scrutinizing employers using H-1B hiring practices.
- What
- The administration is investigating alleged visa abuse and discrimination against U.S. workers while pursuing broader changes to the H-1B program.
- When
- The latest warnings were issued on August 28, 2026, following a related investigation announced on August 26; the broader effort has intensified since 2025.
- Where
- The policy concerns employers across the United States, including a Massachusetts technology job posting.
- Why
- The administration says some employers use visa programs to hire cheaper or more exploitable foreign workers, displacing American workers and violating employment laws.
- Investigation
- The Justice Department said it formally opened a probe into a Massachusetts advertisement stating “Need H1b.”
- Lead official
- Harmeet Dhillon is the Assistant Attorney General for Civil Rights at the U.S. Department of Justice.
- Proposed fee
- The Department of Homeland Security proposed an additional $103,265 fee on certain H-1B petitions.
- Earlier fee
- Donald Trump’s administration previously announced an initial $100,000 H-1B application fee in a September 2025 proclamation.
- Selection system
- The administration shut down the H-1B lottery and replaced it with a wage-weighted selection process favoring higher-paid professionals.
- Grace period
- The Department of Homeland Security advanced a proposal to eliminate the 60-day grace period for H-1B holders who lose their jobs.
- Previous settlement
- OpenAI OpCo LLC and Statsig Inc. agreed to a $3.2 million settlement over allegations involving preference for temporary visa workers.