Can the Department of Labor investigate my H-1B program without a complaint?

Yes, in certain cases. Project Firewall, announced September 19, 2025, uses the Labor Department's existing authority for Secretary-initiated investigations: when the Secretary of Labor personally certifies reasonable cause to believe an employer violated H-1B requirements, the Wage and Hour Division can investigate without a complaint. Before the initiative, most investigations began with a complaint.

What H-1B violations is the Department of Labor looking for?

Examples DOL has described include paying below the LCA wage, including through improper deductions for business expenses; failing to pay workers in nonproductive status when the rules require it, known as benching; failing to notify USCIS of terminations; and listing worksites that do not exist. These are examples, not a complete list.

What happens if I terminate an H-1B worker without notifying USCIS?

The employer can remain liable for wages. A bona fide termination generally requires notice to the worker, notice to USCIS and, where the rules require it, an offer of reasonable return transportation; withdrawing the LCA is a separate step. Remedies in a DOL investigation can include back wages, civil money penalties and debarment.

Public Access File Self-Audit Checklist

A file by file review of the H-1B public access file, wages, benching, terminations and worksites.

What it is

Under Project Firewall the Department of Labor can open an H-1B investigation with no complaint, and the public access file is the least expensive place for it to start. This checklist follows the review we recommend in our analysis: the file, its custodian, the wage reconciliation, benching, terminations and worksites.

Who it helps

General Counsel and HR teams that sponsor H-1B workers
Finance and payroll leaders who own wage records
Staffing and consulting firms with employees between projects

What is inside

What the file must contain, and when it must be assembled
Custody and retention checks
A wage reconciliation against payroll
Benching, termination and worksite reviews
The civil money penalty amounts we reported

This tool is part of Samper Law Insider. Access is free with a work email, and one registration opens every tool.

Get access

Frequently asked questions

Can the Department of Labor investigate my H-1B program without a complaint?
Yes, in certain cases. Project Firewall, announced September 19, 2025, uses the Labor Department's existing authority for Secretary-initiated investigations: when the Secretary of Labor personally certifies reasonable cause to believe an employer violated H-1B requirements, the Wage and Hour Division can investigate without a complaint. Before the initiative, most investigations began with a complaint.
Accurate as of September 2, 2026 | From Project Firewall: DOL No Longer Needs a Complaint to Investigate Your H-1B Program
What H-1B violations is the Department of Labor looking for?
Examples DOL has described include paying below the LCA wage, including through improper deductions for business expenses; failing to pay workers in nonproductive status when the rules require it, known as benching; failing to notify USCIS of terminations; and listing worksites that do not exist. These are examples, not a complete list.
Accurate as of September 2, 2026 | From Project Firewall: DOL No Longer Needs a Complaint to Investigate Your H-1B Program
What happens if I terminate an H-1B worker without notifying USCIS?
The employer can remain liable for wages. A bona fide termination generally requires notice to the worker, notice to USCIS and, where the rules require it, an offer of reasonable return transportation; withdrawing the LCA is a separate step. Remedies in a DOL investigation can include back wages, civil money penalties and debarment.
Accurate as of September 2, 2026 | From Project Firewall: DOL No Longer Needs a Complaint to Investigate Your H-1B Program

General information, not legal advice. The tool restates what Samper Law has published and does not replace advice on your own facts. Registering or using it does not create an attorney-client relationship.