Overview
Project Firewall is a U.S. Department of Labor (DOL) enforcement initiative launched on September 19, 2025, to combat H-1B visa abuses by ensuring employers prioritise qualified American workers and comply with program rules. It targets fraud such as wage underpayment, displacement of U.S. workers, fraudulent labor condition applications, and misrepresentation of job duties or worksites. While coordinated with USCIS and other agencies like the DOJ and EEOC, the project originates from DOL, not USCIS directly.
Key Features
Secretary-Certified Investigations: DOL Secretary personally approves probes based on reasonable cause, a new mechanism to accelerate enforcement.
Interagency Collaboration: DOL shares data with USCIS, DOJ, EEOC, and others to address discrimination and fraud holistically.
Triggers: Initiated via complaints, audits, or suspicions of violations like underpaying H-1B workers or laying off Americans to hire visa holders.
Penalties and Impact
Violators face back wage recovery, civil fines, and temporary bans from H-1B sponsorship. By November 2025, it led to at least 175 investigations amid H-1B debates. Employers should maintain accurate LCAs, pay prevailing wages, document job details, and avoid U.S. worker displacement to comply. This aligns with the Trump administration’s “America First” policies, including a $100,000 fee on new H-1B petitions.
How will Project Firewall affect current H-1B employees in the US
Direct Impact on Current H-1B Employees
Project Firewall primarily targets employers for H-1B abuses like underpayment, benching without pay, and wage discrepancies, which could lead to back wages owed directly to affected H-1B workers if violations are found. Current employees in compliant roles face no direct visa revocation or deportation risks, as the initiative enforces labor rules rather than altering visa status. However, if employer audits uncover issues, workers might experience payment delays during investigations or benefit from recovered owed wages.
Indirect Effects on Job Stability
Stricter employer compliance may heighten scrutiny on renewals, job changes, or extensions, creating uncertainty for existing H-1B holders amid fears of penalties. Companies could limit H-1B sponsorships or delay transfers due to debarment risks (1-3 years for violations), potentially reducing internal mobility or new opportunities for current workers. Indian professionals, the largest H-1B group, may see employers prioritize U.S. hires, indirectly pressuring H-1B staff to prove unique value or face slower career progression.
Employer Compliance Requirements
Firms must now rigorously document prevailing wages, public access files, worksite notices, and good-faith U.S. worker recruitment to avoid fines ($2,500-$25,000 per violation) or bans. Non-compliant employers risk multi-agency probes (DOL, USCIS, DOJ, EEOC), which could disrupt payroll or operations, indirectly affecting H-1B employees through layoffs or hiring freezes if U.S. workers are prioritized. Workers should verify their LCA compliance and maintain records to support potential DOL claims for back pay.
Steps H-1B employees should take if their employer is investigated
Immediate Actions
Notify your employer immediately upon learning of the investigation to understand its scope and cooperate if requested, as retaliation for participation is illegal under H-1B protections. Gather and secure personal records including pay stubs, Labor Condition Applications (LCAs), employment contracts, timesheets, and communications about wages or worksites to verify compliance or identify potential violations like underpayment or benching. Avoid signing any statements without review, and do not discuss details with coworkers to prevent misinformation.
Legal and DOL Protections
Contact the DOL Wage and Hour Division (WHD) confidentially via Form WH-4 if you suspect unpaid wages, benching without pay, or other abuses—investigations often result in back pay awards to workers without risking your visa status. Consult an immigration attorney experienced in H-1B matters to assess your rights, as DOL probes focus on employers and protect workers from retaliation or discrimination for cooperating. H-1B status remains valid during compliant employment, even under investigation, unless fraud directly involving the worker is proven.
Job Security Steps
Monitor your Public Access File (PAF) and ensure your employer provides required notices; request copies if needed for your records. Prepare for potential disruptions by updating your resume, networking for transfers (via H-1B portability), and confirming timely wage payments to avoid grace period issues post-termination. If laid off, notify USCIS within 10 days and utilize the 60-day grace period to find new sponsorship without status loss.
Tracking Work Hours
Maintain personal timesheets or logs recording daily start/end times, breaks, overtime, and total hours weekly, using digital tools like Excel, Google Sheets, or apps (e.g., Toggl or Clockify) for timestamps and signatures if possible. Cross-reference with employer payroll stubs, which must show actual wages paid matching the LCA’s required rate for all hours worked, including non-productive periods unless bona fide termination occurs. Retain these for at least 3 years, as DOL requires proof during audits to verify full-time status (typically 35-40 hours/week) and prevent benching violations.
Documenting Job Duties
Keep detailed weekly journals noting specific tasks performed, projects, tools used, meetings attended, and how they align with your H-1B petition’s job description (e.g., “Developed Python algorithms for data analysis, 20 hours”). Collect supporting evidence like emails, code commits, performance reviews, supervisor notes, or work outputs (screenshots, reports) timestamped to confirm duties match the LCA. Note any changes in duties, worksite, or remote setup, photographing posted LCA notices at physical locations for records.
Organization and Best Practices
Store all documents securely in a personal digital folder (e.g., Google Drive) with dates, categorized by type: hours, duties, pay, LCA copies, and PAF summaries requested from HR. Review monthly against your LCA for discrepancies like underpayment or duty mismatches, and share summaries with an immigration attorney annually. During investigations, provide these proactively to DOL if filing a WH-4 complaint, protecting against retaliation while aiding back wage recovery.
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