D’Esposito Warns H-1B Program Will Change in 365 Days

The Department of Labor's Office of Inspector General has opened a sweeping investigation into alleged fraud, worker exploitation, and human trafficking tied to foreign labor programs. On September 18, the office said it had issued dozens of subpoenas and executed search warrants in multiple locations as part of this nationwide probe. Investigators are examining suspected H-1B and PERM fraud, including fake jobs, sham employers, visa mills, wage abuse, and potential kickbacks. The focus is on whether employers violated labor or immigration rules, moving beyond mere administrative errors to target arrangements that expose workers to exploitation.

D’Esposito Warns of Major Program Overhaul

Inspector General Anthony D’Esposito said the foreign labor visa program will look very different in 365 days. He emphasized that his team has handcuffs ready for offenders. D’Esposito made the remarks in a video interview posted on X. He described the effort as a deliberate, public case-building exercise. "I think that the foreign labor visa program is going to look very different 365 days from now than it does today," D’Esposito said. He rejected the idea that this is routine compliance work, stating it is not a paperwork accounting issue. This is real, he indicated. D’Esposito did not announce the abolition of the H-1B visa program.

Federal Actions Expand Restrictions and Fees

Concurrent federal actions are extending restrictions and imposing new costs. A presidential proclamation dated September 18 extends existing restrictions on certain H-1B workers for another 12 months, until September 21, 2027. Under this proclamation, covered petitions for workers outside the U.S. generally require a $100,000 payment, subject to specified exceptions. This is not a universal fee for every H-1B visa holder. On the same day, the White House issued an executive order directing the Departments of Labor, Homeland Security, and State to improve coordination. The order requires these agencies to assess whether employers seeking foreign petitions have recently laid off similarly situated American workers. It provides for greater scrutiny of labor-condition applications. The Department of Homeland Security can grant exceptions for petitions meeting national-interest criteria.

Political and Public Messaging Intensifies

D’Esposito’s remarks were amplified by media and aligned with political calls for a crackdown. His interview was with commentator Benny Johnson. Reports published on September 27-28, 2026, amplified the '365 days from now' comment as a possible shutdown signal, though D’Esposito made no such announcement. His office's social media posts have intensified the messaging. On September 19, D’Esposito wrote, 'A secure border means locking every door, including the H-1B back door.' Two days later, the inspector general’s office posted 'Count your days' alongside fraud-crackdown messaging. On September 24, the office stated, 'H-1B fraud isn’t a paperwork problem. It’s a criminal one.' These posts echoed Vice President JD Vance’s calls for a crackdown. Indian technology professionals are among the major groups using the H-1B visa to work in the U.S.

The administration has not specified the full extent of changes that could follow the investigation. The White House said an earlier restriction was followed by a 92 percent decline in H-1B registrations from the largest U.S. IT outsourcing firms. Applicants are advised to verify their prospective employer has a genuine job opening and complies with visa and employment rules. Existing visa holders do not need to take new action based on current announcements. Anthony D’Esposito said investigators are building a sweeping case against fraud in the foreign labor system.