A new Department of Justice (DOJ) policy targets H-1B employers that violate federal immigration law. The policy expands the DOJ’s business whistleblower program to prosecute employers of immigrants and H-1B holders. The expansion of scope confirms the department’s focus on immigration related issues.
The expansion is primarily meant to combat fraud by immigrant and H-1B employers. A department memo issued on February 5, 2025 specifically called out prosecutions for violations of the Alien Registration Act and harboring undocumented migrants. The extension gives the DOJ and the Department of Homeland Security (DHS) greater freedom in prosecuting alleged immigration fraud.
Prior to this expansion, whistleblowers could only provide information related to:
- Crimes involving financial institutions, such as banks and cryptocurrency institutions.
- Corruption involving misconduct by either foreign or domestic companies.
- Health care fraud involving private insurance plans.
The inclusion of H-1B employers on this list likely provides an incentive for individuals to report cases of immigration fraud to the authorities. As such, it also raises concerns about an increase in false accusations. This new policy is emblematic of the shift many government agencies have made towards immigration enforcement since the beginning of President Trump’s second term.
Businesses accused of immigration fraud could face devastating consequences, ranging from ten years in prison to fines up to five hundred thousand dollars and forfeiture of financial assets per violation. The DOJ hopes enforcing these punishments provides a deterrent against immigration fraud. Of course, employers who are complying must always remain ready to provide all documentation to verify the validity employee status. We can help.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.