DOL Launches New Enforcement Initiative Against H-1B Abuses

In tandem with the President’s Proclamation restricting H-1B visas, the Department of Labor launched Project Firewall, a new H-1B enforcement initiative targeting alleged abuses by employers.

 What it means: The new initiative aims to ensure “employers prioritize qualified Americans when hiring workers and [will hold] employers accountable if they abuse the H-1B visa process.”

• DOL will specifically target employers for investigation and enforcement, with such investigations to be personally certified by the Secretary of Labor.

• This marks a notable shift from previous enforcement strategies, which relied primarily solely on complaints being brought forward against companies.

• DOL will now proactively identify and target employers it believes are abusing the H-1B process.

Employer Attestation Required: To hire H-1B workers, employers must attest that they were unable to find U.S. workers to do the jobs in question and that the employers will pay the visa recipients the same wage as other workers with similar experience and qualifications.

Why it matters: DOL is joining the anti-H-1B push, placing employers under scrutiny for their use of H-1B visas from yet another corner of the federal government.

• Employers should expect the Trump administration to continue leveraging all executive branch resources to target employer-sponsored immigration as part of its pledge to keep jobs for American workers.

• Given the administration’s actions and bipartisan support in Congress for stricter H-1B rules, employers should review their visa usage and rethink talent strategies with the expectation that more enforcement actions and restrictions may be on the horizon.