H-1B crackdown widens? Trump administration flags OPT, PERM and J-1 hiring practices in warning to employers

The Trump administration is intensifying its scrutiny of employers' use of various work visa programs, including H-1B, Optional Practical Training (OPT), PERM, and J-1 visas, according to a senior Justice Department official. Harmeet K. Dhillon, the assistant attorney general leading the Civil Rights Division, stated that the federal employment laws require a level playing field for American workers and foreign nationals.

She alleged that certain companies are using these visa programs to hire cheaper or more exploitable foreign workers for jobs that could be filled by American citizens. Dhillon warned that the Justice Department is collaborating with the US Equal Employment Opportunity Commission and the Department of Labor to address these issues.

She listed several practices that could violate US labor and employment laws, such as inadequate job advertising during PERM labor certification, abuses in the H-1B program favoring foreign managers over US applicants, misuse of cap-exempt H-1B classifications, as well as misuse of J-1 and OPT programs. OPT enables international students to work temporarily in jobs related to their field of study, often as a stepping stone to H-1B sponsorship.

Dhillon emphasized that employers employing such discriminatory practices could face legal consequences, as these actions are not only unlawful but also unproductive and unpatriotic.