The H-1B nonimmigrant category enables U.S. employers to employ foreign nationals in professional, highly skilled positions that require at least a bachelor’s degree. In recent years, the systematic shortcomings of the H-1B lottery atmosphere have made it increasingly difficult to secure H-1B visas, largely due to a high volume of submissions, an increase in the likelihood of fraud, and duplicative submissions for the same H-1B beneficiary. The compliance initiatives announced at the end of last year have created new challenges for employers. Now, halfway through 2026, Barnes & Thornburg seeks to remind employers of the importance of H-1B compliance.

Initially announced in September 2025, Project Firewall granted the DOL the following authority:

• Initiation of employer audits by the Secretary of the DOL;
• Expansion of data sharing between the Labor, Homeland Security, and State Departments;
• Punishment through years-long debarment in addition to civil penalties;
• Referrals to U.S. Citizenship and Immigration Services for status revocation; and
• Orders for the payment of back wages and public disclosure.

The Department stated the program would strengthen investigative efforts to promote employer compliance with H-1B visa program obligations, and since its inception, Project Firewall has enabled the initiation of audits based upon the DOL’s observation of patterns of offsite placements, wage-level discrepances, and higher ratios of H-1B employees. Inconsistent job titles and frequent amendments have also prompted additional scrutiny.

Despite this increased scrutiny and the challenges presented by the weighted selection process, the H-1B visa category remains an essential method for employing foreign national employees. Given its complexities, pursuing an H-1B visa requires a strategic approach, including compliance practices far outliving adjudication of the petition itself. Barnes & Thornburg encourages employers and potential H-1B registrants to consult with immigration counsel to proactively ensure compliance.

For more information and historical context, please refer to the alert previously published by Barnes & Thornburg:  The H-1B Holiday Rush Towards H-1B Enforcement.

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