DOL Launches "Project Firewall" to Intensify H-1B Program Enforcement

What’s Happening

In September 19, 2025, press release the Department of Labor (“DOL”) unveiled Project Firewall, an initiative aimed at strengthening enforcement of the H-1B visa program. According to the DOL, this effort will prioritize robust oversight of employer obligations under the H-1B framework, particularly those related to wages and working conditions as required by the Labor Condition Application (“LCA”) that must be filed with each H-1B petition where employers attest that they will offer the same wages, benefits, and working conditions to the H-1B employee as they offer to similarly situated U.S. workers.

While the DOL has long had the authority to investigate employer compliance, Project Firewall represents a renewed and more aggressive enforcement posture. The initiative is designed to improve worker protections and deter abuse of the H-1B system. 

Under Project Firewall, employers should expect increased audits and investigations related to H-1B wage practices and Labor Condition Application (LCA) compliance. Therefore, H-1B employers should undertake proactive compliance review of H-1B wage practices and documentation thereof, including Public Access Files, to mitigate risk, including potential fines, back wage liability, or even disqualification from the H-1B program.

What You Need to Know

Under Project Firewall, employers can expect:

  • More frequent and intensive audits of LCA-related records and public access files.
    Greater use of Secretary of Labor-certified investigations, even where no third-party complaint has been filed.

  • Enhanced interagency collaboration, meaning DOL findings could be shared with other enforcement bodies such as USCIS, DOJ, or the EEOC if they feel their findings warrant a broader investigation of a company’s employment practices or immigration compliance failures.

  • Reduced leniency on technical violations, which may now be treated as substantive failures.

These shifts suggest that the DOL is moving toward a more proactive, cross-agency enforcement strategy that places a premium on documentation and timely compliance.

Potential Consequences of Noncompliance

Failure to adhere to H-1B wage requirements could expose employers to:

  • Repayment of back wages to H-1B workers,

  • Civil monetary penalties, and/or

  • Debarment from participating in the H-1B program for serious or willful violations.

The risk of enforcement action is now higher, even for employers who have not been subject to complaints in the past.

Recommended Employer Actions

To prepare for this new enforcement landscape, H-1B employers should:

  1. Conduct internal audits of LCA documentation and PAFs.

  2. Act quickly to correct discrepancies or technical errors before they escalate into enforcement issues.

  3. Verify wage compliance to ensure H-1B workers are being paid the required wage at all times.

  4. Train HR and legal teams on recordkeeping obligations under H-1B regulations including PAF creation and maintenance requirements.

  5. Review policies related to changes in job duties, work locations, and layoffs that may impact H-1B status.

  6. Review, update, and create site inspection protocols to ensure that all company personnel know how to respond in the event of a government investigation.

If you have questions or concerns about how Project Firewall could impact your organization or need assistance with conducting the recommended compliance audits, please contact D&S.