DOL Project Firewall: Enhanced H-1B Investigations
Understanding the Department of Labor's intensified efforts to combat H-1B abuse through increased investigations, audits, and compliance enforcement
Enhanced Enforcement Alert
Initiative: Project Firewall launched September 19, 2025
Target: H-1B employer compliance and abuse prevention
Impact: Increased investigation frequency and audit intensity
Penalties: Back pay, civil penalties, and H-1B petition restrictions
What is Project Firewall?
Department of Labor Initiative
Project Firewall represents the Department of Labor's comprehensive strategy to combat H-1B visa abuse by significantly increasing the frequency and intensity of investigations and audits targeting employers.
Primary Objectives
- • Ensure proper H-1B wage compliance
- • Verify accurate working hour requirements
- • Prevent employer exploitation of H-1B workers
- • Maintain program integrity through enforcement
Enforcement Methods
- • Increased investigation frequency
- • Enhanced audit intensity
- • On-site employer visits
- • Document verification processes
Enhanced Investigation & Audit Process
Increased Frequency & Intensity
More Investigations
Higher volume of employer audits
Deeper Scrutiny
More thorough compliance reviews
Random Selection
Unpredictable audit timing
Compliance Focus Areas
Wage Requirements
- • Prevailing wage compliance
- • Actual wage payment verification
- • Salary vs. hourly compensation accuracy
- • Overtime payment obligations
Working Conditions
- • Full-time vs. part-time status
- • Actual working hours verification
- • Job duty accuracy assessment
- • Work location compliance
Penalties for Non-Compliance
Employer Consequences for H-1B Violations
Financial Penalties
Back Pay Requirements
Full payment of unpaid wages owed to H-1B workers
Civil Monetary Penalties
Fines ranging from $1,000 to $35,000 per violation
Program Restrictions
H-1B Petition Prohibition
Temporary or permanent ban on filing new H-1B petitions
Enhanced Monitoring
Increased scrutiny and frequent compliance checks
Quick FAQ & Key Points
What is Project Firewall?
TLDR: DOL's new initiative to crack down on H-1B employer abuse through more frequent and intensive investigations.
Impact: Employers will face increased audits, site visits, and scrutiny of H-1B compliance. Non-compliant employers risk penalties, back pay requirements, and H-1B filing bans.
How does this affect H-1B employees?
Protection Benefits
- • Ensures proper wage payments
- • Protects working hour requirements
- • Prevents employer exploitation
- • Maintains program integrity
What You Should Know
- • Keep detailed work records
- • Know your LCA requirements
- • Report any violations
- • Maintain compliant employment
What should employers do immediately?
Immediate Actions
- • Review all H-1B employee files
- • Ensure wage compliance
- • Organize required documentation
- • Train HR and management staff
Document Requirements
- • Certified LCA in employee files
- • Accurate job descriptions
- • Wage payment records
- • Work location documentation
What are the penalties for non-compliance?
Financial
Back pay + civil penalties up to $35,000 per violation
Program Ban
Prohibition from filing new H-1B petitions
Enhanced Monitoring
Increased scrutiny and frequent audits
When do these changes take effect?
Effective: September 19, 2025
Timeline: Project Firewall is active immediately. Employers should review compliance now as investigations can occur at any time without prior notice.
Essential H-1B Compliance Requirements
Required Documentation for H-1B Employees
Position Details
Exact job title as filed with USCIS
SOC Code
Standard Occupational Classification code
Job Duties
Exact duties as submitted to USCIS
Employment Status
Part-time or full-time designation
Employment Location
All approved worksites
Employment Dates
Start and end dates of authorization
Certified LCA
Must be maintained in employee file
Employment Contract
If applicable, maintain on file
HR Best Practices for H-1B Compliance
File Maintenance
- • Maintain complete employee files per HR standards
- • Store all H-1B documentation securely
- • Ensure easy access for potential audits
- • Regular file organization and updates
Team Communication
- • Inform all relevant personnel about H-1B requirements
- • Ensure supervisors understand position limitations
- • Prepare for potential site visits and audits
- • Designate H-1B compliance coordinators
Material Changes & Amendment Requirements
When Amendment is Required
Employment Status Changes
- • Full-time to part-time (or vice versa)
- • Significant hour reduction/increase
- • Change in work schedule pattern
Position & Location Changes
- • Job title or duties modification
- • Work location/jobsite changes
- • Reporting structure changes
When Amendment May Not Be Required
Same Geographic Area Moves: Relocations within the same metropolitan statistical area may not require amendment, but professional legal consultation is recommended.
Always consult with immigration counsel before making assumptions about amendment requirements.
Our H-1B Post-Approval Support
Comprehensive Client Protection Package
What We Provide
Ongoing Support
Official DOL Resources
Ensure H-1B Compliance Protection
Navigate Project Firewall requirements with expert legal guidance and comprehensive compliance support.
Immediate Protection:
- • Compliance documentation review
- • Employee file organization
- • Amendment requirement assessment
- • Audit preparation guidance
Ongoing Support:
- • Material change monitoring
- • DOL investigation support
- • Policy update notifications
- • Compliance best practices
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