6 October 2025
On September 19, 2025, the U.S. Department of Labor (DOL) launched a bold new initiative known as Project Firewall—a strategic move that could significantly impact employers who rely on H-1B visa holders. This enforcement action targets potential abuse in the visa process and seeks to uphold the rights and job opportunities of highly skilled American workers.
As a trusted immigration attorney in New Jersey, we’re breaking down what Project Firewall means for your business, the risks involved, and how to stay compliant. Whether you’re a tech executive, hospital administrator, or manufacturing plant manager, understanding this policy shift is vital for your operations and hiring strategy.
What Is Project Firewall?
Project Firewall is an H-1B enforcement initiative by the U.S. Department of Labor, aimed at ensuring that U.S. employers:
- Prioritize qualified American workers
- Do not misuse the H-1B visa program
- Comply fully with wage and labor conditions
For the first time, the Secretary of Labor will have the authority to personally certify H-1B investigations, bypassing the typical complaint-based process and initiating enforcement actions based on “reasonable cause.”
This marks a shift from reactive enforcement to proactive oversight, significantly raising the stakes for employers using H-1B workers.
Key Features of Project Firewall
1. Secretary-Certified Investigations
Unlike the usual Wage and Hour Division (WHD) complaint-driven investigations, Project Firewall allows the Secretary of Labor to initiate an investigation without a worker complaint. If there’s reason to believe that an employer is not complying with H-1B labor conditions, the investigation can proceed immediately.
2. Consequences of Non-Compliance
Employers found to be violating H-1B program rules may face:
- Back wage payments to underpaid workers
- Civil monetary penaltie
- Debarment from using the H-1B program for a defined period
These consequences can severely impact business operations, staffing, and reputation.
3. Multi-Agency Coordination
This is not just a DOL initiative. Project Firewall represents an inter-agency collaboration, involving:
- U.S. Citizenship and Immigration Services (USCIS)
- Department of Homeland Security (DHS)
- Equal Employment Opportunity Commission (EEOC)
- Department of Justice’s Civil Rights Division
A Memorandum of Agreement (MOA) is already in place between DOL and USCIS to share data and identify patterns of abuse.
Why This Matters to Employers
Employers across industries, especially in technology, healthcare, and manufacturing, depend on the H-1B visa to fill critical roles. Project Firewall sends a clear message: the DOL is tightening its grip on compliance, and enforcement will be aggressive.
If you are a tech CTO, hospital administrator, or operations manager, here’s how this can impact you:
Tech Executives:
- Scrutiny over whether American workers were given priority before hiring H-1B talent
- Penalties for failure to comply with Labor Condition Applications (LCA) requirements
- Delays in visa processing due to additional audits or investigations
Healthcare Leaders:
- Need to ensure that J-1 and H-1B filings are thoroughly documented
- Increased importance of wage transparency and compliance
- Risk of reputational harm if a hospital is publicly listed for violations
Manufacturing Sector:
- Closer monitoring of L-1 and H-2B visa use
- Importance of demonstrating the need for foreign labor
- Higher standards for proving compliance with employment regulations
How to Stay Compliant Under Project Firewall
1. Conduct Internal LCA Audits
Employers must ensure that Labor Condition Applications (LCAs) are accurate and up-to-date. Review:
- Wage levels offered
- Job titles and descriptions
- Worksite locations
Errors or omissions could trigger a Secretary-certified investigation.
2. Prioritize Transparency in Hiring Practices
Be prepared to demonstrate that qualified U.S. workers were considered first. Keep records of:
- Job postings
- Interview processes
- Applicant qualifications
This is crucial to avoid discrimination claims and DOL scrutiny.
3. Consult with a Visa Attorney in the USA
Working with a qualified Immigration Attorney in New Jersey or elsewhere in the U.S. ensures:
- Your filings are precise
- You understand new regulations
- You are prepared for potential investigations
An experienced US Attorney can provide guidance tailored to your industry and workforce.
What Sets Secretary-Certified Investigations Apart?
The DOL’s WHD LCA Field Operations Handbook outlines the difference:
| Complaint-Driven | Secretary-Certified |
| Triggered by worker complaint | Initiated by the Secretary of Labor |
| Limited scope | Broad investigative power |
| Focused on specific incidents | Can involve systemic reviews |
This means Project Firewall opens the door to comprehensive audits, even without a complaint from a current or former employee.
What Employers Should Do Now
Schedule a Compliance Checkup
Have your internal HR/legal team or your immigration attorney conduct a proactive review of all H-1B files.
Update Documentation
Ensure all documentation, including public access files, are in full compliance.
Train Your HR Team
Your hiring team should understand H-1B rules, including prevailing wages, job duties, and posting requirements.
Avoid Red Flags
Common triggers for investigations include:
- Multiple H-1B workers in the same role with varying wages
- Inaccurate job descriptions
- Worksites not listed in LCA
Our Role as Your Immigration Attorney in New Jersey
As a leading Immigration Attorney in New Jersey, we’ve helped dozens of businesses across tech, healthcare, and manufacturing navigate complex H-1B issues.
We can support your business by:
- Preparing you for Secretary-certified audits
- Assisting with internal investigations
- Helping update your immigration and HR compliance policies
- Communicating with USCIS and DOL on your behalf
Don’t risk penalties or disruption. The earlier you act, the better your position will be under Project Firewall.
A New Compliance Era Is Here
Project Firewall signals the beginning of a new enforcement paradigm in U.S. immigration policy. For employers, this means increased oversight, stricter compliance expectations, and far-reaching consequences for missteps.
Now more than ever, it’s critical to have the right legal partner by your side. As your dedicated Visa Attorney in the USA, we are ready to help you stay ahead of these regulatory changes and ensure that your talent pipeline remains open and secure.
Need Help Navigating Project Firewall?
Schedule a free consultation today with an experienced Immigration Attorney in New Jersey to evaluate your company’s compliance with the H-1B program.