On Sept. 19, 2025, the U.S. Department of Labor (DOL) announced the launch of “Project Firewall,” a first-of-its-kind interagency enforcement initiative designed to ensure strict compliance with the H-1B visa program. In conjunction with President Donald Trump’s recent proclamation imposing a $100,000 fee for certain H-1B visa applications, this enforcement effort further signals that the H-1B program is a top priority for this administration. Below are key points and considerations regarding “Project Firewall.”
- Escalation of DOL’s Enforcement Role: The DOL will conduct investigations of employers through Project Firewall to maximize H-1B program compliance. For the first time in the department’s history, the secretary of labor will certify the initiation of investigations personally when “reasonable cause” exists that an employer violated H-1B rules.
- Penalties for Violation: Employers found in violation of H-1B rules may face an order to pay back wages to affected workers, assessment of civil money penalties and/or debarment from future use of the H-1B program for a prescribed period of time.
- Interagency Partnership: The DOL intends to share information and coordinate with relevant government agencies, including the U.S. Department of Justice’s Civil Rights Division, the Equal Employment Opportunity Commission and the U.S. Citizenship and Immigration Services, to identify discriminatory practices, ensure legal compliance, and pursue coordinated enforcement.
U.S. Secretary of Labor Lori Chavez-DeRemer stated, “[l]aunching Project Firewall will help us ensure no employers are abusing H-1B visas at the expense of our workforce.” Given the current administration’s focus on the H-1B visa program, employers who use or intend to use the program should be proactive to reduce the risk of noncompliance.
Among other mitigating measures, employers should audit their H-1B practices to ensure that labor condition applications are updated and accurate, public access files are complete and maintained properly, and human resources and management teams are trained on H-1B compliance obligations, responding to government audits, and avoiding displacement of U.S. workers or other actions that may be construed as discriminatory.
McGuireWoods will continue to monitor and provide updates when available.