Disclaimer: The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of WERC.
At the start of Donald Trump’s second term, many in the global talent mobility and immigration community were cautiously optimistic. High-profile advisers close to the administration—including figures like Elon Musk and Vivek Ramaswamy—publicly supported the H-1B program, calling it a valuable channel for bringing high-skilled talent to the U.S.
But recent policy moves suggest a different direction.
In a span of just days, the Trump administration unveiled three major policy initiatives targeting the H-1B visa program—and together, they’ve left employers, law firms, and workers wondering what comes next.
Three H-1B Changes in Rapid Succession
First came the headline: a $100,000 H-1B visa fee for large employers. Announced via presidential proclamation, the proposal sparked immediate backlash and a wave of legal challenges. Several lawsuits are already working their way through federal court, raising serious questions about whether the fee will hold up.
Second, the Department of Homeland Security published a proposed rule to prioritize H-1B cap selection based on wage levels, a move that could significantly reduce access for entry-level roles and early-career professionals, especially international graduates of U.S. universities.
Third, and perhaps most consequential in the long term, the Department of Labor (DOL) launched a directive known as Operation Firewall, a broad enforcement initiative aimed at H-1B employer compliance.
Operation Firewall: A Shift Toward Aggressive Oversight
While the fee and wage rule proposals made headlines, Operation Firewall received far less media attention. But its impact may be deeper and more immediate.
Operation Firewall expands the DOL secretary’s authority to independently initiate investigations into H-1B employers without needing a formal complaint. It also increases coordination with U.S. Citizenship and Immigration Services (USCIS), the Department of Justice, and the Equal Employment Opportunity Commission (EEOC), creating a multi-agency compliance framework with wider investigative reach.
At its core, the initiative is focused on enforcing the rules already on the books—rules that have often been inconsistently followed or lightly enforced.
Employers can expect increased scrutiny in areas such as:
- Whether Labor Condition Application (LCA) notices are posted for at least 10 business days.
- Whether public access files (PAFs) are created within one business day of LCA filing.
- Whether LCA postings are accessible to affected employees, including in remote or hybrid work settings.
- Whether PAFs are complete, up to date, and not retained beyond required timeframes.
These are not new obligations. But they are newly prioritized, and that changes the risk landscape significantly.
Manual Compliance Is No Longer Enough
For years, many employers have managed LCA posting and PAF documentation manually. They print and post physical notices at office locations, ask remote employees to tape notices to their home walls, and keep PAFs in filing cabinets or shared network drives.
This approach may have sufficed in an era of limited enforcement, but under Operation Firewall, paper-based, ad-hoc compliance creates real exposure, especially for companies with distributed workforces, multiple worksites, or higher H-1B volumes.
The Answer Is Technology
Nearly every part of the immigration process has been transformed by technology—document collection, form completion, filing automation, and even petition generation. But when it comes to H-1B compliance, many employers and law firms still rely on outdated, manual processes.
That’s no longer tenable.
The solution lies in technology purpose-built for H-1B compliance—specifically, platforms that enable:
- Electronic LCA posting that ensures access and visibility across all worksites, including remote ones.
- Automated PAF generation and management, with timestamping, version control, and retention logic built in.
Digitizing these processes not only simplifies workflows—it reduces risk, improves consistency, and ensures audit readiness, even in the face of increased government scrutiny.
Looking Ahead
While the $100K fee and wage-based lottery reform may take months—or even years—to resolve through litigation and public comment, Operation Firewall is already in effect. And it represents a broader shift: away from rulemaking alone, and toward aggressive, day-to-day enforcement of employer obligations.
For law firms and employers alike, now is the time to reassess compliance strategies and invest in tools that are built for a more complex regulatory environment.
Platforms like LaborLess offer secure, scalable solutions for automating H-1B compliance. And with a PERM Notice of Filing module expected by the end of 2025, broader immigration compliance is finally catching up to the tech-first era. To learn more or explore how compliance technology can support your immigration program, visit www.laborless.io.