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.

Is E-Verify mandatory?

It is required for federal contractors whose contracts include the E-Verify clause and for employers in states that mandate it. We advise on enrollment and ongoing compliance.

Remote Worker Immigration Policy

A policy that puts a review in front of every change in where a sponsored employee works.

What it is

Remote and hybrid work can change where an H-1B employee actually works, and every work location must be covered by a certified Labor Condition Application or a permitted exception. This template sets one rule, no change of work location without review, and covers records, Form I-9 for employees hired remotely, an annual review and what to do if the Department of Labor writes. Lidice Samper reviewed it, and the company's contacts are left as fill-ins.

Who it helps

HR and mobility teams with sponsored employees who work from home
Managers who approve remote, hybrid or relocation arrangements
Employers that hire remotely and complete Form I-9 at a distance

What is inside

The review rule, in four steps
When a new work location calls for a new filing, in general terms
Form I-9 for remote hires, including the DHS alternative procedure
An annual review of work locations and wages
An editable Word file with the company's choices marked in brackets

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

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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
Is E-Verify mandatory?
It is required for federal contractors whose contracts include the E-Verify clause and for employers in states that mandate it. We advise on enrollment and ongoing compliance.
Accurate as of November 12, 2026 | From Frequently Asked Questions

General information, not legal advice. The template must be adapted with counsel before a company adopts it. Registering or using it does not create an attorney-client relationship.