PERM Fraud Alert 2026: Trump Admin Subpoenas Green Card Sponsors in H-1B Crackdown
The Trump Administration has launched a nationwide DOL-OIG investigation into H-1B and PERM fraud, with dozens of subpoenas already issued. Employers sponsoring EB-3 workers face heightened scrutiny across multiple industries.
The Trump Administration has significantly escalated federal enforcement targeting alleged fraud and abuse in the H-1B and PERM labor certification programs. The Department of Labor's Office of Inspector General (DOL-OIG) has confirmed that investigators have already issued dozens of subpoenas as part of a nationwide probe into visa fraud, labor trafficking, and foreign worker exploitation — signaling that enforcement is already well underway, not just planned.
DOL Inspector General Anthony D'Esposito stated that investigators are examining whether employers and labor brokers submitted fraudulent PERM applications, exploited foreign workers through unlawful practices, and disadvantaged U.S. workers. Critically, the investigation also explores potential links between certain labor schemes and transnational criminal enterprises, raising the stakes considerably beyond standard compliance violations.
For EB-3 applicants and their sponsoring employers, this development carries direct implications. The PERM labor certification process is the foundational first step in most EB-3 green card cases, and any employer irregularities in recruitment documentation, prevailing wage determinations, or worksite compliance could jeopardize pending or future petitions. The investigation spans healthcare, technology, and other sectors that commonly utilize EB-3 sponsorship.
Employers are advised to proactively audit their H-1B Public Access Files, verify that sponsored employees are working in approved roles and locations, review wage payment practices, and reassess relationships with third-party staffing vendors. PERM recruitment documentation and supporting audit records should be reviewed for completeness before any government inquiry arrives.
EB-3 applicants should maintain open communication with their sponsoring employers about compliance status. Cases tied to employers under investigation could face delays or additional scrutiny. WR Immigration recommends that employers with any compliance concerns consult experienced immigration counsel immediately rather than waiting for a formal government contact.
The Department of Labor is signaling upcoming changes to the PERM labor certification program, which is a mandatory step for most EB-3 employment-based green card sponsorships. Employers should review their recruitment and documentation practices now.
The Department of Labor is signaling upcoming changes to the PERM labor certification program, which is a required step for most EB-3 employment-based green cards. Employers should prepare for potential updates to recruitment requirements and filing procedures.
The Office of Foreign Labor Certification has released technical notes for the new OEWS wage data covering July 2026 through June 2027, setting updated prevailing wage benchmarks that will affect PERM labor certification filings.