The FY2027 H-1B registration period will open on March 4, 2026 at 12:00 p.m. It is important that all H-1B employers are thoughtfully and strategically planning to ensure the best chance of selection, in light of this year’s new wage-based requirements.

For selected candidates, H-1B petitions will be filed between April 1 and June 30, 2026. To ensure the best chance of approval, H-1B employers should take proactive steps to ensure a fully compliant H-1B program. Given the increasingly strict immigration landscape, we can expect increased Requests for Evidence and site visits during the upcoming H-1B cap season, which can impact filed petitions. Finally, preparing for unannounced site visits by immigration authorities ensures your company will be ready for any inquiry.

Context

In September 2025, the Department of Labor (DOL) announced Project Firewall. Project Firewall is an enforcement initiative targeting H-1B program misuse and fraud. Following the implementation of Project Firewall, immigration authorities are conducting greater unannounced site visits. Previously, DOL audits were triggered by complaints from aggrieved employees. Subsequently, the Secretary of Labor can initiate investigations based on reasonable cause alone. Project Firewall emphasizes inter agency collaboration, with the DOL, Department of Justice (DOJ), and Department of Homeland Security (DHS) working together to identify violations. Therefore, immigration agencies will be sharing information. If an H-1B filed with USCIS reveals some violation or misuse of the H-1B program, U.S. Citizenship and Immigration Services (USCIS) can now refer the company over to the DOL for a formal investigation.

In light of these increased enforcement initiatives, H-1B employers should treat the possibility of either a DOL or USCIS site visit as a routine compliance risk.

Potential Violations

Common violations to look out for include the following:

• Supplying incorrect or otherwise false information on the Labor Condition Application (LCA).
• Failing to pay H-1B workers the higher of the prevailing or actual wage.
• Failing to pay H-1B workers for time off due to a decision by the employer.
• Making deductions from the H-1B worker’s wage that caused the wages to fall below the required amount.
• Not providing H-1B workers with working conditions on the same basis as U.S. workers, or otherwise the employment of H-1B workers adversely affects the working conditions of U.S. workers.
• Failing to provide notice of the intentions to hire an H-1B worker or failure to provide a copy of the LCA.
• Requiring H-1B workers to pay the ACWIA fee.
• Retaliating or otherwise discriminating against an employee, former employee, or job applicant.
• Failing to maintain and make available the LCA and necessary documents for public examination.

Employer’s decrease their chances of falling out of compliance by:

Maintain Strong Public Access Files (PAFs)

Each H‑1B worker must have a properly executed PAF, including:

• A certified LCA.
• Wage rate and explanation.
• Prevailing wage documentation.
• Proof of notice/posting.
• Summary of benefits.

Pay Practices That Withstand Scrutiny

• Ensure wages meet or otherwise exceed the required wage at all times.
• Avoid unpaid gaps between projects.
• Document any paid nonproductive periods.
• Document any period of unpaid leave (requests/approvals should be in writing, substantiated by documentation, etc.).

 Consistent Immigration and HR Records

Job titles, duties, and locations should be consistent across:

• LCAs.
• H‑1B petitions.
• Offer letters.
• Internal HR systems.

Firstly, inconsistencies are a frequent trigger for investigations. Then, make sure all H-1B employees are working pursuant to the terms and conditions of their H-1B approval. Any time there is a change, ensure an H-1B amendment is timely filed, updating USCIS of the change. Finally, add the PAF to the employee’s file afterward.

Train HR and Managers

HR Managers should be highly trained on the H-1B program requirements, to help eliminate risks of noncompliance or inadvertent violations. Training should cover:

• Amendment requirements for material changes in employment (including job title changes, location changes, and project changes).
• Pay for time in nonproductive status (no benching).
• Employees can’t pay H-1B fees.
• All periods of unpaid leave must be requested in advance and approved in writing. These records should be kept in employee files and retained in the event of a site visit.

Internal Self‑Audits

H-1B employers should conduct periodic reviews of:

• Wage payments vs. LCA requirements.
• Employee work locations.
• Job duties vs. petition descriptions.

Remember that in a DOL audit, the DOL performs rigorous paystub analysis. The DOL does not rely on end of year records alone. Each paystub should individually reflect the required LCA amount. Additionally, routine self‑audits demonstrate good‑faith compliance and can help mitigate penalties.

Have a Response Plan

Finally, before any investigation occurs:

• Identify a point of contact for DOL and USCIS inquiries.
• Coordinate with immigration counsel immediately.
• Centralize payroll and LCA records.
• Ensure PAFs are readily accessible.

Proactive preparation is the best way to ensure the best possible outcome for new H-1B petitions, while protecting your current H-1B employees. Ensuring your H-1B program is fully compliant and your team is fully prepared in the event of an audit can help mitigate risks and ensure a positive result.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.