H-1B Visa Update: Department of Labor to 'Prioritize...

By Sam StevensonShareNewsweek is a Trust Project member

The U.S. Department of Labor (DOL) has vowed to ensure employers enforce H-1B visa rules and "prioritize qualified Americans" over foreign workers in a crackdown on discriminatory hiring dubbed "Project Firewall."

Why It Matters

This marks a significant development in federal oversight of H-1B visas, coming amid deepening debates over the role of highly skilled immigrants in the U.S. workforce and as President Donald Trump's stance on visas collides with factions of his own political base.

The government's renewed focus on preventing discrimination against American workers reverberates through key industries, potentially impacting technology, research and corporate hiring.

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What To Know

The DOL has announced expanded federal enforcement targeting discrimination against American workers related to the H-1B visa program, which allows U.S. employers to temporarily hire foreign workers in specialty occupations.

At the center of this move is Project Firewall, a collaborative effort with the Equal Employment Opportunity Commission (EEOC) and other agencies to ensure that "qualified Americans" are given priority in hiring and that employers are held accountable if they misuse H-1B visas.

A DOL press release said: "The EEOC’s efforts were a result of the department’s recently announced H-1B enforcement initiative Project Firewall, which aims to safeguard the rights, wages, and job opportunities of highly skilled American workers. The ongoing project ensures employers prioritize qualified Americans when hiring and includes enforcement actions to hold employers accountable if they abuse the H-1B visa program."

The initiative includes proactive data-sharing and law enforcement actions among the DOL, EEOC, the Civil Rights Division of the Department of Justice, and U.S. Citizenship and Immigration Services.

"Under President Trump’s leadership, we will continue working with our federal partners to put an end to bad practices and safeguard opportunities for American workers," said U.S. Secretary of Labor Lori Chavez-DeRemer.

It follows notable changes in H-1B visa allocation. A recent Newsweek analysis found the number of H-1B visas granted to Indian-based companies has fallen dramatically, with only three such firms appearing in the top 25 companies by approved petitions for 2025.

Major U.S. tech companies continue to dominate new H-1B approvals, benefiting from the influx of international graduates in STEM fields.

The Trump administration implements a controversial $100,000 fee for new H-1B applications—a policy criticized by business groups and currently the subject of a legal challenge by the U.S. Chamber of Commerce.

Republican lawmakers like Representative Marjorie Taylor Greene of Georgia have called for the systematic phasing out of the H-1B program, further intensifying the political debate within the president's own party.

What People Are Saying

U.S. Secretary of Labor Lori Chavez-DeRemer said: "I applaud the EEOC for standing with the Department of Labor’s mandate under Project Firewall to ensure American workers have a fair chance to compete and succeed."

On the launch of Project Firewall, Chavez-DeRemer said: "The Trump Administration is standing by our commitment to end practices that leave Americans in the dust. As we reestablish economic dominance, we must protect our most valuable resource: the American worker.

"Launching Project Firewall will help us ensure no employers are abusing H-1B visas at the expense of our workforce. By rooting out fraud and abuse, the Department of Labor and our federal partners will ensure that highly skilled jobs go to Americans first."

EEOC Chair Andrea Lucas said: "With the scale of unlawful anti-American discrimination we’re seeing, robust investigation and enforcement—within the EEOC and with our federal partners—is essential to protecting America’s workforce."

EEOC Deputy Secretary Keith Sonderling said.“The EEOC’s announcement underscores the importance of federal agencies working in concert to uphold the rights of workers. By sharing data, clarifying employer obligations, and aligning enforcement tools, we are better positioned to prevent discriminatory hiring practices and protect labor market integrity."

Stuart Anderson, executive director of the National Foundation for American Policy, previously told Newsweek: "H-1B visas are important because they are typically the only way to hire a high-skilled foreign national long term in the United States, and approximately 70 percent of full-time graduate students in key science and technology fields at U.S. schools are international students."

President Donald Trump defended the need for highly skilled foreign workers at the U.S.-Saudi Arabia Investment Forum on November 19, saying: "People have to be taught this is something they've never done. But we're not going to be successful if we don't allow people that invest billions of dollars in plants and equipment to bring a lot of their people from their country to get that plant open, operating and working. I'm sorry."

Trump's position has drawn backlash from figures within his political movement. Savanah Hernandez, a MAGA influencer, wrote on X: "Trump needs to get out of his bubble and back on the ground listening to the American people who elected him to work for us. His H-1B comment shows how out of touch with the base he has become. Disheartening."

Trump ally-turned-critic Marjorie Taylor Greene wrote on X: "Big Tech, AI giants, hospitals, and industries across the board have abused the H-1B system to cut out our own people."

Defending Trump’s stance, Scott Jennings, a conservative commentator, told CNN: "You can be America First and also recognize there may be times you can import talent from other countries, that makes America stronger, we've done that for decades."

What Happens Next

Project Firewall is expected to intensify scrutiny of employer compliance with anti-discrimination and labor laws, possibly resulting in enforcement actions and increased federal oversight in hiring practices.

The impact of the new $100,000 H-1B petition fee on application volume and business competitiveness remains uncertain, especially as the administration faces legal challenges from the business sector.

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