Employers that use the H-1B program may be seeing a new enforcement environment take shape. A recent report describes a more proactive posture from the U.S. Department of Labor (DOL), including the use of an initiative described as “Project Firewall” and an increased willingness to open investigations beyond those triggered by individual complaints.
While the H-1B program remains a critical pathway for U.S. employers to hire specialized talent, the key takeaway is simple: documentation and compliance habits matter more than ever—and employers should assume that scrutiny may come even without a whistleblower complaint.
What is “Project Firewall”?
The report indicates that DOL is pursuing approximately 200 investigations under “Project Firewall,” described as an effort focused on identifying and addressing potential H-1B violations.
A major detail in the report is that DOL leadership may be leaning on authority to initiate investigations through secretary-certified compliance reviews, which can be broader than typical complaint-driven cases. In plain terms, this suggests DOL may be moving from “responding to a complaint” to “actively looking for issues.”
Which employers may see the most attention?
The report suggests investigators may focus closely on two categories:
- H-1B-dependent employers (generally, employers where a large portion of the workforce holds H-1B status)
- Third-party placement / contracting models, where H-1B workers are assigned to client sites or short-term projects
This does not mean other employers are “safe.” But these categories have historically been associated with higher enforcement interest because they can present more risk for wage, worksite, and job-duty compliance issues.
What DOL investigators typically look for (and why the Public Access File matters)
The DOL commonly reviews the employer’s Public Access File (PAF) for each H-1B worker, including the Labor Condition Application (LCA) and related documentation. The report frames the enforcement focus around classic questions such as:
- Are H-1B workers being paid the required wage?
- Does the work being performed match what was filed?
- Are worksite details and notices handled correctly?
- Are records consistent and readily available?
Even where an employer ultimately avoids penalties, the report notes that findings can potentially be referred to other agencies, creating broader exposure and disruption.
“Complaint-driven” vs. “Secretary-certified” investigations: why that difference matters
Traditionally, many investigations start with a complaint by a worker or another party. The report suggests “Project Firewall” may rely more heavily on investigations that do not require a complaint, using a mechanism that can be triggered when there is “reasonable cause” or information from a “credible source.”
For employers, the practical impact is this: waiting for a complaint is not a strategy. Strong, ongoing internal compliance is the safer approach.
What employers should do now: practical compliance steps
Here are employer-friendly steps that often reduce risk and stress in any audit/investigation environment:
- Conduct an internal Public Access File review
- Confirm required items are present, complete, and organized.
- Confirm wage compliance
- Make sure pay matches what was promised and remains compliant throughout the H-1B period.
- Verify job duties and worksite details
- If duties or location changed, confirm whether an amendment or other action was needed.
- Be prepared for a site visit
- Train reception/HR on how to respond professionally, route requests, and involve counsel.
- Centralize recordkeeping
- When documents live in multiple places, mistakes happen. A consistent system helps.
If your organization uses H-1B workers—especially with third-party placements or frequent project-based work—proactive review can prevent expensive surprises.
How NPZ Law Group can help
NPZ Law Group regularly advises employers and professionals on H-1B compliance strategy, documentation best practices, and risk reduction. If your company is concerned about audit readiness or wants a structured compliance check, our team can guide you through a practical, step-by-step approach.
Project FAQ Under Blog (Quick Answers)
1) Can the DOL investigate an employer without a complaint?
The report indicates DOL may initiate certain reviews without a complaint under specific authority and standards (such as “reasonable cause” or a “credible source”).
2) What is the number one document area employers should review first?
A strong starting point is the Public Access File (PAF) for each H-1B employee, including the LCA and required supporting documents.
3) Which employers might face higher scrutiny?
The report highlights potential focus areas like H-1B-dependent employers and third-party placement/contracting arrangements.
4) What are common risk issues in H-1B enforcement?
Wage compliance, job-duty alignment, worksite/location accuracy, and documentation consistency are recurring themes in enforcement activity.
5) What should we do if an investigator appears at a worksite?
Have a plan: confirm identity, request the purpose/scope, involve HR leadership, and contact immigration counsel as soon as possible. (The report notes employers can ask about the nature of requested documents and seek counsel presence.)
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.