On September 19, 2025, the Department of Labor ("DOL") launched "Project Firewall", a broad enforcement initiative aimed at strengthening employer compliance with the H-1B visa program "to protect America's highly skilled workforce." This coincided with President Trump's proclamation, "Restriction on Entry of Certain Nonimmigrant Workers", issued the same day. A key feature of Project Firewall is the use of Secretary-certified investigations. For the first time in DOL history, the Secretary of Labor will personally certify the initiation of investigations where there is "reasonable cause" to believe an employer is not in compliance. Investigations may be launched through secretary certification or traditional enforcement channels. This marks a significant expansion of the DOL's enforcement role and, according to a report by Bloomberg Law on April 7, 2026, a DOL official noted "the department has marked a 48% increase in its caseload" of H-1B investigations since launching the program.

Under Project Firewall, the DOL works more closely with other federal agencies, including the Department of Justice's Civil Rights Division, the Equal Employment Opportunity Commission (“EEOC”), and United States Citizenship and Immigration Services (“USCIS”). This increased collaboration is intended to identify discriminatory practices and support coordinated enforcement efforts. Employers found in violation may face serious consequences, including:

Payment of back wages to affected workers;
Civil money penalties; and/or
Debarment from the H-1B program for a prescribed period of time.

Project Firewall represents a clear escalation in enforcement intensity for the H-1B program. Employers should anticipate a more demanding compliance environment on two fronts:

Enforcement Risks:

Heightened scrutiny of H-1B petitions, job classifications, and wage levels;

Increased risk of investigations, whether triggered by agency referrals, worker complaints, or secretary-certified reviews; and
Expanded data sharing across agencies, raising the likelihood of multi-agency enforcement actions.

Regulatory and Financial Burdens:

The new $100,000 filing fee , which applies to new H-1B petitions for workers outside the United States (not to renewals or existing visa holders);

Anticipated prevailing wage increases ; and
Tighter entry restrictions for foreign workers.

Under the circumstances, employers are encouraged to review their H-1B program thoroughly, including hiring practices, wage determinations, and job classifications, ensuring that all filings accurately reflect the role and meet prevailing wage requirements. As always, employers with H-1B beneficiaries should be vigilant with recordkeeping, public access files, and similar documentation, ensuring that all required Public Access Files ("PAF") are up to date, accurate, and readily accessible.

With higher stakes and increased oversight, employers should prioritize proactive compliance now to reduce the risk of penalties, debarment, and operational disruption. Immigration counsel should be engaged to provide updated training on H-1B compliance obligations to internal management, covering audit preparedness, best practices, and how to avoid conduct that could be perceived as discriminatory.