The Department of Labor (DOL) has announced the commencement of Project Firewall, describing it as the agency’s renewed enforcement initiative for the H-1B visa program. Under Project Firewall, the DOL is intended to conduct more regular labor condition application (LCA) audits and investigations, among other enforcement actions. Employer compliance with H-1B wage and hour regulations has been investigated and enforced by DOL using its long-standing legal jurisdiction. According to DOL, the new Project Firewall initiative will expand the use of investigations certified by the Secretary of Labor, which permits enforcement in a wider range of situations, including in the absence of an outside complaint. The DOL intends to communicate with other federal agencies regarding their H-1B investigations and share findings from investigations and enforcement actions.
An employer may be subject to severe consequences, such as back pay, fines, and/or termination from the H-1B program, if the DOL determines that the firm has violated the H-1B wage and hour regulations. Partnerships between DOL and other federal agencies may result in further enforcement actions and sanctions. Penalties will also likely increase in frequency and severity, reaching the harshest punishment of debarment from the H-1B program for serious or deliberate offenses. Last but not least, Project Firewall raises the possibility of cross-agency enforcement, which could involve the Department of Justice, the Equal Employment Opportunity Commission, and/or U.S. Citizenship and Immigration Services if DOL determines that there is cause to initiate more extensive investigations into a company’s possible violations of criminal, employment, or immigration law.
How Employers Need to Act:
- Keep public access files up to date and review LCA postings.
- Check wage and payroll compliance on a pay-period basis to make sure that the compensation of H-1B employees matches their respective LCAs.
- Verify that wage amounts, SOC codes, and job names correspond accurately across filings.
- Managers, legal personnel, and HR personnel should be aware of H-1B regulations, how to escalate compliance concerns, and what to do in the event of a government audit or investigation.
- Consult LBL Immigration attorneys regarding compliance tactics.
Luke Bowman Law will continue to monitor and update the situation. If you have questions regarding your specific situation, feel free to contact us or book an appointment here
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If you have any questions or concerns about the information provided above, please don’t hesitate to contact us.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman