The U.S. Department of Labor launched Project Firewall in September 2025, marking a significant shift in how the federal government enforces H-1B visa program compliance. For the first time in DOL history, the Secretary of Labor will personally certify investigations where reasonable cause exists that an employer may not be in compliance with H-1B requirements. For foreign nationals working in the United States on H-1B visas, understanding this enforcement initiative and your legal protections is essential to safeguarding your employment rights.
What is Project Firewall?
Project Firewall is the Wage and Hour Division’s enforcement initiative designed to protect highly skilled U.S. workers and maximize compliance with the H-1B visa program. The initiative aims to ensure employers prioritize qualified American workers when hiring and hold employers accountable when they misuse the H-1B program.
This enforcement effort represents a substantial change from complaint-driven oversight to proactive investigations. The Department of Labor’s Office of Immigration Policy, Employment and Training Administration, and Wage and Hour Division will lead Project Firewall in collaboration with federal partners, including the Civil Rights Division of the Department of Justice, the Equal Employment Opportunity Commission, and U.S. Citizenship and Immigration Services.
Enhanced Federal Coordination
One of Project Firewall’s most significant aspects is the increased information sharing among federal agencies. The DOL now coordinates closely with the Department of Justice, EEOC, and USCIS to identify discriminatory practices and ensure comprehensive enforcement. This interagency collaboration means that issues discovered by one agency can quickly trigger inquiries by other federal authorities.
Legal Protections for H-1B Workers
While Project Firewall focuses on employer compliance, it also reinforces important protections for H-1B workers. All employers participating in the H-1B program must adhere to specific requirements that directly affect foreign nationals:
Wage and Benefits Protections
Employers must pay H-1B workers at least the higher of two wage standards: the actual wage paid to U.S. workers in the same position with similar experience and qualifications, or the prevailing wage for the occupational classification in the area of intended employment. Your employer cannot undercut U.S. worker wages or offer you fewer benefits than those provided to similarly employed U.S. workers.
Working Conditions
Your employer must ensure that your employment does not adversely affect the working conditions of similarly employed U.S. workers. This includes considerations such as work hours, shift assignments, vacation periods, and seniority-based preferences. Additionally, employers cannot employ H-1B workers at worksites where a strike or lockout is in progress in their occupational classification.
Protection Against Retaliation
Federal regulations prohibit employers from intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating against any U.S. worker or H-1B employee who exercises their whistleblower rights under the program. If you report violations or cooperate with investigations, you are protected from employer retaliation.
Notice Requirements
Employers must provide notice of the Labor Condition Application to relevant U.S. workers on or before the date of filing with the Department of Labor. This transparency requirement helps ensure fair hiring practices and allows workers to understand the terms under which H-1B employees are being hired.
Enhanced Employer Obligations Under Project Firewall
Certain categories of employers face additional requirements. H-1B-dependent employers and willful violators who employ nonexempt H-1B workers must take good faith steps to recruit U.S. workers for positions, offer jobs to equally or better-qualified U.S. workers before hiring H-1B employees, and refrain from laying off or displacing U.S. workers from positions essentially equivalent to those for which H-1B workers are sought.
What This Means for H-1B Visa Holders
The increased enforcement under Project Firewall has several implications for foreign nationals on H-1B status:
Greater Employer Accountability
With secretary-certified investigations and enhanced interagency coordination, employers face heightened scrutiny of their H-1B practices. This increased oversight can benefit foreign nationals by ensuring employers comply fully with wage requirements, working conditions, and other legal obligations.
Potential for Increased Audits
Employers should prepare for a significant increase in enforcement activity, including more unannounced site visits, targeted record audits, detailed document requests, and wage and hour audits. These investigations may include interviews with H-1B employees to confirm that actual job duties, work locations, and compensation align with documentation filed with USCIS.
Documentation Importance
As enforcement intensifies, maintaining personal records becomes increasingly important. Keep copies of your offer letter, Labor Condition Application, pay stubs, and any documentation related to your job duties and work location. These records can prove invaluable if questions arise about your employer’s compliance.
Understanding Violations and Enforcement
When employers violate H-1B program requirements, the Wage and Hour Division has authority to take several actions. The Department may recover back wages owed to workers, seek reimbursement of required fringe benefits, assess civil money penalties depending on the violation’s type or severity, and impose debarment that limits an employer’s access to the H-1B program and certain other immigration programs for at least one year.
Your Rights If You Suspect Violations
If you believe your employer is not complying with H-1B requirements, you have options for reporting violations. H-1B violations can be reported by submitting Form WH-4 to your nearest Wage and Hour Division office. The Wage and Hour Division operates a toll-free helpline at 1-866-487-9243 where workers can report violations and seek guidance. Civil rights violations can be reported to the Civil Rights Division of the Department of Justice.
The Labor Condition Application: Foundation of H-1B Compliance
Understanding the Labor Condition Application is crucial for H-1B workers. The LCA process involves employers submitting Form ETA-9035/9035E to the Department of Labor electronically through the FLAG system, attesting to compliance with H-1B program requirements. The LCA must specify your wage, which must be at least the higher of the actual wage or prevailing wage for your position and location.
LCAs are reviewed by the Department within seven working days for completeness and obvious errors or inaccuracies. Once certified, the LCA becomes a binding document that establishes the terms of your employment, including your wage, job duties, and work location. Any material changes to these terms typically require a new or amended LCA.
Public Access Files
Your employer must maintain a Public Access File containing documentation related to your H-1B employment. This file must be available for examination and should include the certified LCA, prevailing wage documentation, and proof that required notices were provided to U.S. workers. You have the right to request access to these documents.
Changes in Employment Terms
If your employer changes your work location, job duties, or compensation, these modifications may require an amended LCA and potentially an amended H-1B petition. Under Project Firewall’s enhanced enforcement environment, employers are under greater scrutiny to ensure that actual employment conditions match what was certified in the LCA and approved by USCIS.
Impact on Future H-1B Processing
The enforcement initiative coincided with other significant changes to the H-1B program. A presidential proclamation issued on September 19, 2025, requires new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, to be accompanied by an additional $100,000 payment as a condition of eligibility. This substantial fee applies to certain new H-1B filings and represents another layer of the administration’s focus on the H-1B program.
Looking Ahead: What Foreign Nationals Should Do
In light of Project Firewall and enhanced H-1B enforcement, foreign nationals should take proactive steps to protect their interests:
Verify Compliance
Confirm that you are being paid at least the wage specified in your LCA. If you have concerns about your compensation, review your pay stubs and compare them against the wage listed in your certified Labor Condition Application.
Maintain Records
Keep detailed records of your employment, including your offer letter, LCA copy, pay stubs, performance reviews, and any communications regarding your job duties or work location. These documents can be crucial if compliance issues arise.
Understand Your Rights
Familiarize yourself with your rights under the H-1B program. You are entitled to the wage specified in your LCA, protection from retaliation if you report violations, and working conditions that do not adversely affect you or other workers.
Report Concerns
If you suspect your employer is not complying with H-1B requirements, you have the right to report violations to the Department of Labor. Whistleblower protections exist to shield you from retaliation for exercising these rights.
Seek Legal Guidance
Given the complex nature of immigration law and the enhanced enforcement environment under Project Firewall, consulting with an experienced immigration attorney can help you understand your rights and options. Legal counsel can review your situation, assess compliance with H-1B requirements, and advise you on appropriate steps if concerns arise.
The Path Forward
Project Firewall represents a fundamental shift in H-1B program enforcement, moving from reactive, complaint-driven oversight to proactive investigations with enhanced interagency coordination. For foreign nationals on H-1B visas, this initiative reinforces the importance of employer compliance with program requirements that protect both U.S. and foreign workers.
While the enhanced enforcement creates additional scrutiny for employers, it also strengthens protections for H-1B workers by ensuring that wage requirements are met, working conditions are fair, and employers cannot retaliate against those who report violations. Understanding your rights under the H-1B program and maintaining thorough documentation of your employment can help you navigate this evolving enforcement landscape.
The legal team at Ahluwalia Law Offices has extensive experience guiding foreign nationals through complex immigration matters. If you have questions about your H-1B status, employer compliance with program requirements, or concerns about potential violations, we encourage you to consult with an immigration attorney who can provide personalized guidance based on your specific circumstances.
Disclaimer: This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader & Ahluwalia Law Offices, P.C. The legal information provided herein may not apply to your individual circumstances & is subject to change based on evolving immigration laws and policies.Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries.
Please note: Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. We appreciate your understanding and encourage you to book an appointment with one of our attorneys if you require personalized legal assistance.
Sources:
– U.S. Department of Labor, Wage and Hour Division
– U.S. Department of Labor Press Release (September 19, 2025)
– U.S. Citizenship and Immigration Services
– Code of Federal Regulations, Title 20, Chapter V, Part 655
