The U.S. Department of Labor’s Wage and Hour Division (WHD) has launched Project Firewall, a new enforcement initiative focused on strengthening compliance with the H-1B visa program and protecting U.S. workers from improper displacement.
Project Firewall is designed to hold employers accountable for misuse of the H-1B program and to ensure that U.S. workers are not adversely affected by wage, benefit, or working-condition violations.
What Employers Should Know
Under Project Firewall, all H-1B employers must ensure compliance with key program requirements, including:
- Proper Labor Condition Application (LCA) notice posting
- Payment of the required wage (actual or prevailing wage, whichever is higher)
- Equal treatment of U.S. and H-1B workers with respect to wages and benefits
- No retaliation against workers who exercise whistleblower rights
- No placement of H-1B workers at worksites affected by strikes or lockouts
Additional Obligations for Certain Employers
H-1B-dependent employers and willful violators face additional requirements, including:
- Good-faith recruitment of U.S. workers
- Offering positions to equally or better-qualified U.S. workers before hiring H-1B workers
- Restrictions on displacement of U.S. workers
Enforcement and Penalties
When violations are found, WHD may:
- Recover back wages and unpaid benefits
- Assess civil money penalties
- Impose debarment, limiting access to the H-1B program and other immigration programs
What Employers Should Do Now
Given increased enforcement activity, employers should:
- Review LCA postings and record-keeping practices
- Confirm wage compliance and documentation
- Ensure consistency across LCAs, H-1B registrations, and petitions
- Consult immigration counsel before filing new H-1B cases or making workforce changes
For questions about Project Firewall, H-1B compliance, or employer obligations, the immigration attorneys at Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. are available to assist.
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.