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U.S. DOL to step up compliance audits of H-1B program participants

December 2025 employment law letter
Authors: 

Peter D. Guattery and Catherine C. Buchanan, Whiteford, Taylor & Preston, L.L.P.

On September 19, 2025, the U.S. Department of Labor (DOL) announced Project Firewall, an initiative that reflects a strengthening of investigative efforts to ensure employer compliance with obligations under the H-1B visa program.

Adding another layer of investigative regulation

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in “specialty occupations” in the United States—specifically, occupations in which a bachelor’s degree or greater in a specific field is a requirement for the job. Employers that successfully petition for and hire H-1B workers, however, are also subject to a number of specific legal requirements, including detailed wage requirements and related obligations, posting notice to U.S. employees, and attesting that the hiring of H-1B workers won’t adversely affect U.S. workers.

The Project Firewall announcement highlights the DOL’s stated intent to “ensure no employers are abusing H-1B visas at the expense of [the U.S.] workforce” and to “root” out “fraud and abuse . . . [to] ensure that highly skilled jobs go to Americans first.”

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