- within Criminal Law topic(s)
Takeaways
- The launch of Project Firewall signals the current administration's tougher, more restrictive stance on high-skilled immigration.
- Key aspects of the enforcement initiative include increased investigations, interagency coordination, greater employer accountability and intent to protect American workers.
- Employers should review their H-1B policies and practices now.
Introduction
The U.S. Department of Labor (DOL) recently launched Project Firewall, an H-1B enforcement initiative with a dual focus on ensuring that companies prioritize skilled American workers and cracking down on potential abuse of the H-1B visa program.
The project uses interagency collaboration, secretary-certified investigations and data sharing to investigate potential employer violations, protect American workers' jobs and wages, and ensure compliance with program rules.
Key Aspects of Project Firewall
- Secretary-certified investigations
For the first time in DOL history, the Secretary of Labor can personally certify investigations when there is "reasonable cause" to suspect misuse of the H-1B program — even without a formal complaint.
- Broader oversight + interagency coordination
Enforcement isn't limited to one agency. DOL will coordinate with agencies such as the U.S. Citizenship and Immigration Services, the Equal Employment Opportunity Commission and the U.S. Department of Justice with the aim of catching violations ranging from immigration paperwork abuse to wage theft or discriminatory hiring practices.
- Targets + triggers for investigations
The kinds of employer behavior in scope include: Underpaying H-1B workers; failing to offer fair wages relative to U.S. workers; mischaracterizing job duties or worksite locations to suit visa requirements; and hiring foreign workers when qualified U.S. workers were available but overlooked. - Penalties + consequences for violations
If an employer is found violating H-1B rules, Project Firewall consequences may include: Payment of back wages owed to affected workers; civil monetary penalties (fines); and
debarment from future participation in the H-1B visa program — potentially barring a company from hiring any H-1B workers for a set period.
Why Project Firewall Matters (and Who Is Affected)
- U.S. workers: Project Firewall is intended to protect jobs, wages and prevent displacement by ensuring employers give preference to qualified Americans.
- Employers, especially those hiring large numbers of H-1B workers (common in tech and other high-skill industries): Project Firewall represents a major shift — compliance is no longer just documentation, there's now a risk of aggressive audits and serious penalties.
- H-1B visa holders and foreign nationals seeking U.S. employment: Companies may become more cautious about using the H-1B program; some may tighten recruitment or reduce reliance on foreign hires.
Conclusion
The launch of Project Firewall comes alongside other recent changes to H-1B policy, including new fees for H-1B petitions, that overall signal the current administration's tougher, more restrictive stance on high-skilled immigration.
Employers should audit their H-1B practices now: Review wage levels, recruitment processes and documentation (Labor Condition Applications, Public Access Files) and ensure ongoing compliance to avoid triggering investigations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
