The U.S. Department of Labor (DOL) recently announced Project Firewall, an H-1B enforcement initiative with the purpose of preventing H-1B abuse at the expense of American workers.

Highlights:

• The DOL will investigate employers where “reasonable cause exists” that an employer is not in compliance with the H-1B program.
• Violations may result in collection of back wages owed to workers, assessment of civil money penalties, and/or debarment of an employer from future use of the H-1B program.
• The initiative’s announcement followed the President’s Proclamation establishing a $100,000 fee for all “new” H-1B petitions filed after September 21, 2025.

Employer Best Practices:

To prepare for an increase in DOL enforcement and H-1B site visits in connection with Project Firewall, we recommend that employers take the following proactive steps:

• Conduct a detailed review of hiring practices and compliance with prevailing wages for H-1B workers.
• Confirm that the salaries and work locations of all H-1B employees match the salaries and work locations listed on the Labor Certification Applications (LCA) and H-1B petitions filed on their behalf.
• Maintain and confirm the accuracy of documentation in H-1B Public Access Files.
• Ensure that H-1B Public Access Files are accessible and ready in case of inspection.
• Be prepared to comply with increases to prevailing wages imposed in the next year.

Project Firewall and the new $100,000 H-1B fee are the latest in a series of initiatives by the Administration to restructure the U.S. immigration system. The immigration attorneys at Ryan Swanson are actively monitoring these developments and will provide updates as new guidance is released.