Tuesday Immigration Update: New H-1B Enforcement Initiative “Project Firewall” and Presidential Proclamation

On September 19, 2025, the U.S. Department of Labor (DOL) announced Project Firewall, a new enforcement initiative targeting H-1B employers.  The program is framed as "an expansion of existing authority" rather than a new law, but it signals a more aggressive stance on compliance and oversight.

What Has Been AnnouncedEnhanced Investigations

• The DOL’s Wage and Hour Division will increase the frequency and scope of investigations into        H-1B employers.
• A key new feature is that the Secretary of Labor will personally certify investigations when there is “reasonable cause” to believe an employer is out of compliance.

Penalties for Noncompliance

Employers found to be in violation of H-1B program requirements may face significant penalties, including:

• Repayment of back wages to affected H-1B workers
• Civil monetary fines
• Debarment from using the H-1B program for a prescribed period of time

Interagency Coordination

• DOL will share information with and coordinate enforcement alongside the Department of Justice (DOJ), U.S. Citizenship and Immigration Services (USCIS), and the Equal Employment Opportunity Commission (EEOC).
• This means an investigation by DOL could potentially lead to broader government scrutiny of an employer.

What Legal Authority Is Being UsedThe Department of Labor has emphasized that Project Firewall does not create new law.  Instead, it builds on:

• Existing H-1B statutory provisions under the Immigration and Nationality Act
• Labor condition application requirements
• Federal wage and hour enforcement powers

By centralizing certification authority with the Secretary of Labor and coordinating with other agencies, DOL is signaling that enforcement will be taken more seriously and pursued at higher levels of government.

What Remains UnclearAs with many large-scale initiatives, important details are still missing.  As of now:

• The definition of “reasonable cause” has not been clarified, leaving employers uncertain about what triggers an investigation.
• The scope of documentation that employers will be required to provide during audits has not been spelled out.
• The process for employer response and whether there will be opportunities to contest findings early in the investigation is not yet defined.
• It is unclear whether new regulations will be issued to codify parts of Project Firewall or whether enforcement will proceed entirely under existing frameworks.

Why This MattersFor employers, Project Firewall represents a shift toward stricter oversight of the H-1B program.  Even without new legislation, the DOL is signaling that it will use its full authority to enforce requirements.
For H-1B workers, this could mean:

• Potential delays or disruptions if their employer becomes the subject of an investigation
• Greater uncertainty as new procedures are developed and implemented

What to Watch

• Agency Guidance:  Clarifying instructions from the Wage and Hour Division about documentation, processes, and investigative thresholds
• Rulemaking Notices:  Potential regulatory changes that could provide more structure to the initiative
• Litigation:  Legal challenges from employers or industry groups that may affect how Project Firewall is implemented

Links:

• Department of Labor Press Release: Project Firewall (Sept. 19, 2025)
• White House Fact Sheet on H-1B Enforcement Initiatives
• USCIS H-1B Program Information
• Department of Justice – Worker Rights
• EEOC – Immigrant and Employee Rights Section

📩 For legal guidance on H-1B compliance, potential risks, and employer obligations under Project Firewall, contact the Law Office of Julia L. Stommes at [email protected].

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
​
The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].