Employers See Rise in Labor Department Immigration Enforcement Site Visits

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.

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USCIS Reaches Fiscal Year 2027 H-1B Cap

United States Citizenship and Immigration Services (“USCIS”) announced on March 31, 2026, they had reached the H-1B Cap for Fiscal Year 2027 (“FY 2027”). The Service reported that it has received sufficient registrations to  reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2027and has completed the lottery selection process.

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H-1B Cap Selection Shifts to a Wage-Weighted System Beginning in FY 2027

The Department of Homeland Security (“DHS”) has announced a significant change to how H-1B cap registrations will be selected. A final rule published in the Federal Register on December 29, 2025 revises the long-standing random lottery system used for H-1B cap selection, replacing it with wage-based selection. The rule will take effect on February 27, 2026, and will apply to the Fiscal Year 2027 (“FY2027”) H-1B cap registration season. The lottery selections for FY2027 are made on April 1, 2026.

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Helpful Q and A’s on the New H-1B Visa Rule

Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.

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