H-1B crackdown widens? Trump administration flags OPT, PERM and J-1 hiring practices in warning to employers
A senior Justice Department official has signaled that the Trump administration is stepping up scrutiny of employers accused of bypassing qualified American workers in favor of foreign labor, with potential enforcement attention extending across the H-1B, Optional Practical Training (OPT), PERM and J-1 visa programs.
Harmeet K. Dhillon, the assistant attorney general leading the Justice Department’s Civil Rights Division, said in a post on X that federal employment laws require a “level playing field” for American workers and foreign nationals.
Dhillon alleged that some technology and other companies were using visa programs to hire “cheaper/exploitable foreign workers” for jobs that could be filled by Americans.
She said the administration would not allow employers to discriminate against US workers and indicated that the Justice Department was working with the US Equal Employment Opportunity Commission and the Department of Labor on the issue.
The remarks point to a potentially broader enforcement push involving employment practices that intersect with major US work visa programs.
H-1B, PERM and OPT practices under scrutiny
In her post, Dhillon listed several practices that she said could violate US labor and employment laws.
These included alleged failures by employers to properly advertise jobs during the PERM labor certification process, which is generally required before an employer can sponsor many foreign workers for employment-based permanent residence.
She also alleged abuses involving the H-1B program, including situations where foreign-born managers allegedly favor workers from particular labor pipelines over US applicants. Dhillon further referred to alleged misuse of cap-exempt H-1B classifications, as well as J-1 and OPT programs.
OPT allows eligible international students in the United States to work temporarily in jobs related to their field of study. The program has long been a key pathway for foreign students seeking US work experience and, for many, a possible transition to H-1B sponsorship.
Justice Department, EEOC and Labor Department coordination
The assistant attorney general said the Justice Department, EEOC and Labor Department were “all on the case” and working together to level the playing field for US workers.
Her comments suggest that enforcement could involve more than immigration authorities alone. Depending on the alleged conduct, employers could face scrutiny under labor certification rules, immigration regulations or federal employment discrimination laws.
Dhillon said companies that sideline or reject American workers while using foreign labor programs could face consequences if their practices violate the law.
“These are not good business practices; they are not patriotic economic practices; and they are illegal labor practices,” she wrote.
The comments come as the Trump administration continues to take a harder line on employment-based immigration and the use of foreign workers.
