U.S. Job Seekers Struggle as Foreign IT Workers Stream In   

IRLI sues USCIS for H1-B employer, employee data

WASHINGTON—The Immigration Reform Law Institute (IRLI), on behalf of the Federation for American Immigration Reform (FAIR), has sued U.S. Citizenship and Immigration Services (USCIS), seeking information on employees and employers using the H1-B visa program. IRLI attorneys filed the suit in U.S. District Court for the District of Columbia, as USCIS has failed to produce the requested records pursuant to a Freedom of Information Act (FOIA) request.

Records are being sought related to the top 20 H-1B employers submitting visa petitions for professional workers in specialty occupations, as well as the top 100 non-profit organizations submitting H-1B visa petitions and approval rates for each organization. IRLI is also seeking access to the the top 20 H-1B employers’ Department of Labor specialty codes, geographic location of worksites, wage floor and skill level of each employee.

The H-1B visa program is meant to help U.S. companies recruit highly skilled foreign nationals when there is a shortage of qualified workers. However, based on previous data, many foreign companies with subsidiaries in the U.S. and qualified nonprofit organizations are outsourcing American jobs at an alarming rate by decreasing wages and opportunities for Americans with the same skill sets as they import more foreign workers under this program.


While H-1B employers are required to pay foreign workers at market value, the fact is that flooding the labor market serves to drive down wages and limit opportunities for American workers,” said Dale L. Wilcox, executive director and general counsel of IRLI. There is no shortage of Americans who have technical skills or are currently acquiring them in U.S. schools. The H-1B visa program should not be exploited for business objectives while many qualified Americans are struggling to find employment.


The case is FAIR v. USCIS, No. 18-0876 (U.S. District Court for the District of Columbia).