Is Your H-1B Program Ready For A DOL Audit? Understanding 'Project: Firewall'

Under the current administration, the U.S. Department of Labor (DOL), in cooperation with the Equal Employment Opportunity Commission (EEOC), has expanded its scrutiny of employers that sponsor foreign nationals via the H-1B visa program.

Through an initiative known as "Project: Firewall," the DOL's Wage and Hour Division (WHD) is using enforcement mechanisms to identify potential violations of program requirements.

This is a notable development for employers, as even those acting in good faith may face investigations or audits if systems are not in place to monitor wage levels, worksite compliance, or public file documentation. With collaboration among DOL, EEOC as well as the Department of Justice's Civil Rights Division and USCIS, employers must also be prepared to answer questions about their hiring practices and address any perceived bias involving foreign national employees.