DOL’s Project Firewall Aims to Increase H-1B Program Enforcement

Although the Department of Labor (DOL) remains mostly closed due to the federal government shut down, it announced a new program, Project Firewall, that will be targeting alleged abuses of the H‑1B program.

Project Firewall will seek to maximize H-1B program compliance and violations may result in the collection of back wages owed to affected workers, assessment of civil money penalties, and/or debarment from future use of the H-1B program for a period of time.  Although such consequences are not new, the announcement signals DOL’s shift from complaint-driven oversight to proactive investigations.

Given the fact the DOL is responsible for certifying Labor Condition Applications (LCA), which must be included with each and every H-1B petition, compliance will likely focus on meeting the required wage (including confirming prevailing wage rate and its source), accuracy of worksite(s), meeting notice requirements, accuracy of H-1B dependency information, and maintenance of “public access files.”

In light of Project Firewall, employers should proactively review their immigration compliance practices and establish protocols in case of government audits and investigations.  ILG is available to consult on DOL compliance issues for clients that need additional assistance. 

If you have any questions, please feel free to contact your ILG attorney or reach our firm at .