The Department of Justice (DOJ) is going after H-1B visa holders in a big way if a recent memo is to be believed. Reportedly, the DOJ released a memo earlier this month that directs federal prosecutors to prioritize immigration-related cases, which could affect many employers.
Companies could face criminal charges in cases that the DOJ may not have pursued in the past, including for employing undocumented immigrants.
READ: What a second term for Donald Trump means for H-1B visa seekers (December 10, 2024)
Apparently, the new policy could lead to employers of H-1B visa holders to be prosecuted, even though in the past, revoking the visa was the usual action instead.
DOJ immigration memorandum
In the memo issued to all Justice Department employees, Attorney General Pam Bondi said that the “nation faces historic threats from widespread illegal immigration.” As a result, “immigration enforcement” now tops the DOJ’s list of prosecution priorities.
“The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years, and to continue to support the Department of Homeland Security’s immigration and removal initiatives,” according to the Feb. 5 memo.
READ: Enter Stephen Miller: Trump’s hardline immigration agenda takes shape (November 11, 2024)
What is an H1-B visa?
An H-1B visa is a type of work visa in the United States that allows U.S. companies to hire foreign workers in specialized jobs that require a bachelor’s degree or higher (or the equivalent in experience). It’s commonly used for jobs in fields like technology, engineering, and healthcare. The visa is typically granted for up to three years and can be extended. H-1B workers must meet specific qualifications, and the number of visas available each year is limited.
The H1-B visa has been of great help to immigrants of Indian origin, who have gone onto occupy high profile jobs in the US economy. It is still unclear what Elon Musk thinks of this new policy as the tech billionaire was a big supporter of the H1-B visa, with this companies using cheap immigrant talent across his various products and services.