Labor Department inspector general calls H-1B visa fraud a 'criminal enterprise,' launches federal probe
The Department of Labor's inspector general says criminal networks are exploiting the H-1B visa program to sell American white-collar jobs, and his office has launched a sweeping investigation that has already produced search warrants, firearms seizures, and criminal charges.
Inspector General Anthony D'Esposito sat down with Breitbart News in his Washington, D.C., office and described an investigation that goes well beyond garden-variety paperwork violations. His office has executed multiple search warrants across multiple states, recovered several firearms, and filed charges against individuals for crimes uncovered during those raids, all within weeks of the probe's July 8 launch.
D'Esposito did not hold back about the scale of what investigators are finding. The H-1B program, he said, has been hijacked by organized criminal activity with international reach.
"This is not just fraud: This is a criminal enterprise that stretches far beyond the borders of America."
The investigation falls under Vice President JD Vance's Task Force to Eliminate Fraud. Vance, who was appointed as the administration's fraud czar in early April, has overseen multiple major fraud busts across the country. Just The News reported that the Labor Department has already issued dozens of subpoenas related to the H-1B probe, and that the investigation extends to the Permanent Labor Certification visa process as well.
Vance framed the investigation in blunt terms, saying that "big corporations and fraudsters overseas are using this program to undercut the wages of American workers."
Kickbacks, gangs, and coerced workers across state lines
D'Esposito described a scheme that operates on multiple levels. At the top, employers and labor brokers import foreign workers on H-1B visas at wages 25 to 30 percent below what an American would earn for the same job. The savings, multiplied across hundreds or thousands of positions, amount to enormous windfalls for the companies involved.
But the exploitation does not stop there. When a visa holder's authorization expires, D'Esposito said, some employers pressure the worker to stay on illegally, at a fraction of even the discounted wage.
"If we were paying you $20 before, if you don't want us to rat you out that you're still here, we'll pay you $5. So now there's people living in terrible conditions, getting paid dirt money, and the worst part about it is they're taking jobs from an American worker."
The inspector general said the people brokering these arrangements are not freelance con artists. He told Breitbart News that when the investigation is complete, it will "clearly outline and define their relationships with, whether it's gangs, whether it is transnational criminal organizations." He declined to name specific groups, citing the ongoing probe.
The Trump administration has pursued a broader pattern of cracking down on fraud and abuse in immigration-adjacent programs. The DOJ recently moved to strip citizenship from naturalized Americans accused of terrorism, murder, and fraud, another sign that the administration views immigration enforcement as inseparable from law enforcement.
D'Esposito was careful to distinguish the visa holders themselves from the criminal operators running the scheme. Many of the foreign workers, he said, are victims of coercion, not willing participants.
"They are pawns in a dangerous chess game being played by these big companies that want cheap labor."
Homeland Security estimates suggest one in five H-1B petitions may be fraudulent
The scope of the problem may dwarf what earlier administrations acknowledged. The New York Post reported that Homeland Security reviews suggest as many as one-fifth of all H-1B petitions are fraudulent, a staggering figure given that the program imports roughly 120,000 workers each year. At least one million non-immigrant foreign workers currently hold U.S. jobs through H-1B visas, a number that grows when work permits for spouses are included.
Employers can extend those visas in three-year increments, indefinitely. Universities, hospitals, and nonprofits face no cap at all and can import unlimited H-1B workers, including for research projects shared with private companies.
D'Esposito placed blame squarely on the federal government's decades of inaction. The H-1B program, he said, was designed for a narrow purpose: allowing companies with genuinely unique workforce needs to bring in specialized foreign talent on a temporary basis. Instead, some companies have converted their entire workforce to H-1B labor.
"What we've seen is unfortunately companies have decided, well, their whole workforce should be [on] H-1B visas, and quite frankly that's taking away from work from the American people."
The administration has also fought legal battles on other immigration fronts. The Supreme Court recently handed the Trump administration two major wins on temporary protected status and asylum processing, reinforcing the executive branch's authority to tighten immigration policy.
American college graduates face 40 percent underemployment while visa workers fill desks
The labor market data makes the displacement harder to ignore. A Federal Reserve Bank of New York report published August 6 found that roughly 40 percent of new U.S. college graduates are underemployed, working in jobs that do not require a degree. Among computer science graduates, the combined unemployment and underemployment rate stands at 26 percent.
Those numbers land in a market where the H-1B program alone accounts for at least a million filled positions. On top of that, the Optional Practical Training program issues short-term work permits to 400,000 new foreign graduates of American colleges each year, adding further competition for entry-level white-collar jobs.
D'Esposito argued that the economic math favors American workers when the playing field is level. Foreign visa holders earning 25 to 30 percent less than their American counterparts are not participating in the domestic economy the way an American worker would, buying homes, spending locally, building careers.
"I think it will be very clear that the investment into the economy and productivity would be much more beneficial with American workers."
Fraud in federal programs is not limited to visa abuse. Two Pakistani nationals recently faced federal charges in an alleged $17 million Medicare fraud scheme, part of a broader pattern of exploitation in programs where oversight has lagged behind the scale of the spending.
D'Esposito promises to 'leave no stone unturned'
The inspector general acknowledged that the investigation is complex and will not produce immediate, tidy results. The H-1B program has operated for decades with what he described as minimal federal oversight, and the fraud networks have had years to entrench themselves.
"We are going to exhaust every lead to make sure that we leave no stone unturned. I think that the complexity of this investigation is probably tremendous... We're beginning to peel the onion back, and as we peel the layers, we are going to see that this issue is something that is plaguing the United States of America."
When asked whether the probe might extend to other visa programs beyond H-1B, D'Esposito offered a short answer: "The scope of the investigation is very broad."
He predicted that the findings, once made public, would provoke a strong reaction from both the public and from Congress, particularly the evidence linking job-selling kickbacks to organized criminal groups. He expects lawmakers will "probably bring oversight to this" once the connections are laid out.
Other corners of the legal system have pushed back against the administration's enforcement agenda. An Obama-appointed judge permanently blocked the administration's proof-of-citizenship voting requirement, a reminder that tightening the rules in one area often triggers resistance in another.
D'Esposito reserved his sharpest criticism not for the foreign workers caught in the system but for the companies and government officials who let it metastasize. The companies displaced American workers to pad their margins. The federal government looked the other way for years. And the workers brought in on visas were squeezed from both ends, underpaid while legal, then coerced into illegal status and paid even less.
"The real people to blame are the federal government, because the federal government allowed it to go unchecked, and the companies who are taking away jobs from the very people who they need to buy their product in order for them to stay in business."
When a program meant to fill genuine talent gaps becomes a pipeline for cheap, coerced labor, and the people running it have ties to criminal organizations, the question is not whether reform is overdue. It is why it took this long.

