On September 19, 2025, the U.S. Department of Labor (USDOL) launched Project Firewall, signaling a commitment to “maximize H-1B program compliance.” An H-1B visa is a nonimmigrant classification granted to people who wish to perform certain specialty occupations in the United States. Under Project Firewall, the Secretary of Labor will “personally certify the initiation of investigations for the first time in the department’s history.”  USDOL intends to conduct investigations to ensure that “employers prioritize qualified Americans when hiring workers.”

Employers should be aware of this heightened scrutiny under Project Firewall, along with existing H-1B requirements. Employers found to be in violation of H-1B requirements may be liable for back wages owed to affected workers and civil monetary penalties. Violators may also be prohibited from participating in the H-1B program for a specified period.

In light of this initiative, employers should review compliance efforts within their organizations. Key compliance areas include maintaining proper working conditions, public access to files, and adherence to specified wage requirements. Employers must also obtain a certified Labor Conditions Application (LCA) from the Department of Labor before submitting an H-1B petition.

The Wage and Hour Division (WHD) of the USDOL is responsible for enforcing H-1B program compliance. The WHD investigates the terms of LCAs to ensure H-1B workers receive proper pay and are not displacing U.S. workers. The WHD offers multiple H-1B compliance assistance resources as well as a toll-free number, 1-866-4-US-WAGE (487-9243). For any questions regarding employment practices or wage issues, please contact Porter Thomas Grabell & Baumwoll, P.C. at 201-569-5959