“Project Firewall” Is Live: Are Your Hiring Practices Exposed?

There has been a surge of investigative activity since the federal government launched its aggressive multi-agency enforcement initiative — known as "Project Firewall" — focused on companies that utilize H-1B visa workers. Announced by the U.S. Department of Labor (DOL) in September 2025, the initiative has since expanded to encompass a coordinated effort across multiple federal agencies.

What Is Project Firewall?

Project Firewall was launched by the DOL's Wage and Hour Division with the stated goal of protecting the rights and job opportunities of American workers by ramping up enforcement of the H-1B visa program. Under the initiative, the federal government is actively reviewing recruitment and hiring practices, and simple mistakes could lead to very costly compliance headaches.

A Coordinated, Multi-Agency Effort

What makes Project Firewall particularly significant for employers is the breadth of agency collaboration involved. The DOL, the Equal Employment Opportunity Commission (EEOC), the Department of Justice's (DOJ) Civil Rights Division, and the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) are all coordinating their enforcement efforts under this initiative.

This interagency information-sharing has real and immediate consequences for employers. For example, information that an employer submits to the EEOC — such as a position statement responding to a discrimination charge — could potentially be referred to and reviewed by the DOJ as part of a broader investigation into the company's hiring practices. Employers who might otherwise view an EEOC charge as an isolated matter should understand that, under this initiative, any such proceeding could trigger scrutiny well beyond the EEOC itself.

Secretary-Certified Investigations and Employee Outreach

Another notable feature of Project Firewall is the use of "secretary-certified investigations,” which are similar to Commissioner Charges by the EEOC. The federal government is also actively conducting outreach to workers, encouraging employees to report their employers and file complaints if they believe the employer is engaging in any anti-American hiring practices.

Significant Penalties for Non-Compliance

The penalties for employers found in violation under Project Firewall are substantial. Companies may face civil monetary penalties, back wage obligations to affected workers, and — potentially most damaging — debarment from the H-1B program. Beyond administrative consequences, findings of unlawful discrimination can also expose employers to litigation under federal discrimination law.

The EEOC's updated guidance makes clear that practices once considered benign — such as advertising positions as "H-1B preferred" or providing more favorable assignments and compensation to visa-holding employees — can be viewed by the government as unlawful national origin discrimination against American workers.

What Employers Should Do Now

With the uptick in investigations, now is the time for employers to take a careful look at their recruitment and hiring practices. Specifically, companies should:

• Review job postings and recruitment materials to ensure the accuracy of the information and review for language that could be interpreted as favoring certain kinds of workers.
• Audit internal practices and H-1B documents to ensure compliance.
• Prepare for potential site visits and other enforcement activity.

Bradley’s Labor & Employment attorneys are available to answer any questions that you may have.