In a September 24, 2026 interview with commentator Benny Johnson, U.S. Department of Labor Inspector General Anthony D’Esposito warned that the “foreign labor visa program is going to look very different 365 days from now than it does today.” The remark was a prediction, not an announcement of a specific rule change, and it applied broadly to all foreign‑labor visa categories, though the discussion focused on the H‑1B program.
Current enforcement actions
- Subpoenas and search warrants – On September 18, 2026 the DOL Office of Inspector General disclosed that investigators had issued dozens of subpoenas and executed search warrants in a probe of alleged foreign‑labor fraud, worker exploitation, and possible human‑trafficking schemes.
- Executive order – The same day, the White House issued an executive order directing agencies to weigh employer layoffs when reviewing H‑1B petitions and ordering the DOL to begin a review of previously submitted Labor Condition Application (LCA) data within 30 days.
These actions are separate from the Inspector General’s interview and do not, by themselves, create new filing requirements for employers or foreign nationals.
Practical considerations for employers and visa holders
- Monitor agency guidance – Because the Inspector General anticipates significant changes within a year, employers should stay alert for any forthcoming regulations or policy updates from the DOL, USCIS, and the Department of State.
- Review existing LCAs – The executive order’s 30‑day review window suggests that past LCAs may be scrutinized for compliance issues, especially regarding wage levels, working conditions, and any recent layoffs.
- Prepare for tighter enforcement – The ongoing investigation indicates a heightened focus on fraud and exploitation; employers should ensure that recruitment, documentation, and payroll practices fully comply with H‑1B and other foreign‑labor visa requirements.
- Document layoffs carefully – If an employer has reduced staff, the new guidance may require detailed justification when filing or amending H‑1B petitions, as layoffs will be a factor in adjudication.
Outlook
While no concrete rule changes have been announced, the combination of a high‑profile Inspector General interview, an active fraud investigation, and a presidential executive order signals that the regulatory environment for foreign‑labor visas—particularly H‑1B—could shift substantially within the next 12 months. Employers and foreign nationals should treat the 365‑day comment as a cue to review compliance practices and stay prepared for possible policy revisions.
Source article: www.murthy.com
