In late January, 2026, the Department of Labor’s Wage and Hour Division (WHD) published a new guidance PDF under its Project Firewall enforcement initiative. While the document itself is short, its implications for immigration law firms and H‑1B employers are significant. The guidance makes one thing unmistakably clear: H‑1B compliance enforcement is accelerating, and Labor Condition Application (LCA) notice is the first place regulators are looking.
In fact, the very first obligation listed in the guidance is not about wages, recruitment, or displacement. It is about providing notice of the LCA to U.S. workers on or before the date of filing. That ordering is intentional. It reflects how WHD views the compliance framework and mirrors what the LaborLess team has been saying for years, sometimes to the point of sounding like a broken record. LCA posting is not a technical afterthought. It is the foundation of H‑1B compliance, and it is one of the easiest areas for the government to audit.
Despite this clarity, there are still immigration law firms, and many employers they represent, that do not actually know whether LCA notices are being posted correctly, posted for the full required period, or documented properly in Public Access Files (PAFs). In an era of Project Firewall, that lack of visibility is no longer just uncomfortable. It is risky.
What DOL’s Project Firewall Means for H‑1B Employers and Law Firms
Project Firewall is WHD’s formal enforcement initiative designed to protect U.S. workers and maximize compliance with the H‑1B visa program. The guidance explains that the initiative strengthens WHD’s ability to hold employers accountable when they misuse the H‑1B program and to ensure that qualified American workers are not unfairly displaced.
What is particularly notable is not just what the guidance says, but how it frames compliance. The document emphasizes baseline obligations that apply to all H‑1B employers, before addressing additional obligations for H‑1B‑dependent employers and willful violators. At the top of that list is notice. From WHD’s perspective, if an employer cannot demonstrate that it properly notified U.S. workers, it raises immediate concerns about whether the employer is meeting its other attestations.
This matters because LCA notice is one of the easiest compliance elements for regulators to verify. Auditors do not need to infer intent or investigate complex wage calculations. They simply ask: Was notice provided? Where? For how long? And can you prove it?
Why LCA Posting Notice May Be a Primary Target in H‑1B Audits
LCA notice exists to ensure transparency. It gives U.S. workers visibility into the terms under which an H‑1B worker is being employed and an opportunity to raise concerns if something appears improper. Because notice is framed as a worker protection mechanism, failures in this area are treated seriously, even if there was no bad intent.
From an enforcement standpoint, LCA posting often becomes the entry point into broader investigations. If notice cannot be substantiated, WHD and other agencies such as FDNS may expand their review to include wages, job duties, work locations, and recruitment practices. In other words, notice failures can turn a narrow audit into a wide‑ranging inquiry.
H‑1B LCA Posting Requirements Under 20 CFR: What Employers Are Legally Required to Do
The obligation to provide notice of the Labor Condition Application is grounded in Department of Labor regulations at 20 CFR § 655.734. These regulations set out specific, affirmative steps that employers must follow. They are not guidelines or best practices; they are legal requirements.
Under 20 CFR § 655.734, H‑1B employers must ensure the following:
• Notice must be provided on or before the LCA filing date. Employers cannot file first and post later, unless it's the same day. Notice must occur no later than the date the LCA is submitted to DOL.
• Notice must be provided to workers in the same occupational classification. The obligation is to notify similarly employed U.S. workers at the place of employment, not the general public.
• Notice must be posted for at least 10 consecutive business days. This is one of the most common compliance failure points. Business days matter.
• Notice must be posted in two conspicuous locations or provided electronically. Employers may choose physical posting or electronic notice.
• Electronic notice must be reasonably calculated to reach affected workers. For remote and hybrid workforces, electronic posting is often the only defensible option, but it must actually be accessible.
• Each worksite requires notice. Multiple worksites mean multiple notice obligations.
The regulations do not require employers to prove intent. They require employers to prove process. During an audit, WHD may focus on how notice was provided, where it was accessible, and for how long. If those answers are unclear or undocumented, enforcement risk increases quickly.
H‑1B Public Access File (PAF) Requirements: The Evidence DOL Auditors Expect to See
If LCA notice is the trigger for scrutiny, the Public Access File is the evidence auditors rely on to determine compliance. DOL regulations require that a PAF be created within one working day of filing the LCA and made available to the public upon request.
A compliant H‑1B Public Access File must include, at a minimum:
• A copy of the certified Labor Condition Application.
• Documentation of the wage rate paid to the H‑1B worker.
• The prevailing wage source and explanation.
• The actual wage memorandum.
• Evidence of LCA notice to U.S. workers. This includes how notice was provided, where it was accessible, and the duration of posting.
• Benefit summaries if H‑1B and U.S. worker benefits differ.
• Clear retention and destruction practices. Holding PAFs too long can be as risky as destroying them too early.
From an enforcement perspective, the PAF is not a formality. It is the primary evidentiary record. Incomplete or reconstructed PAFs invite expanded audits and penalties.
The Compliance Gap Most Programs Still Have
In theory, employers are responsible for posting LCAs. In practice, many immigration law firms email posting instructions to clients and hope for the best. Once that email is sent, visibility is lost. Firms often do not know whether the notice was posted immediately, whether it remained up for the full 10 business days, or whether it was accessible to the right group of workers.
Under Project Firewall, hope is not a compliance strategy. Assumptions are not evidence.
Turning Compliance Into Proof, Not Guesswork
The WHD’s Project Firewall guidance may be short, but its message is loud. LCA notice is the first thing regulators care about, and it is the first thing they will check. If you are not confident that your H‑1B employer clients are posting notices correctly, for the right duration, and maintaining compliant Public Access Files, now is the time to address that gap.
This is exactly why LaborLess exists. LaborLess enables immigration law firms and H-1B employers to post electronic LCA notices, with automated posting duration tracking, and real‑time Public Access File creation. LaborLess creates verifiable, timestamped records so that if and when auditors ask questions, the answers may be even easier to produce.
Reach out to us at www.laborless.io and fill out our contact form. We reply right away and are happy to discuss how to modernize your LCA and PAF compliance before an audit forces the issue.
FAQ
What is Project Firewall?
Project Firewall is the Department of Labor Wage and Hour Division’s enforcement initiative focused on maximizing H‑1B compliance and protecting U.S. workers.
Why is LCA posting emphasized first in DOL guidance?
Because notice is a core worker protection mechanism and one of the easiest compliance elements for auditors to verify.
How long must an LCA notice be posted?
At least 10 consecutive business days, on or before the LCA filing date, under 20 CFR § 655.734.
Is electronic LCA posting allowed?
Yes. DOL regulations permit electronic notice as long as it is reasonably calculated to reach affected workers.
What happens if an employer fails to comply?
WHD may recover back wages, assess civil money penalties, and impose debarment from the H‑1B program.
How does LaborLess help?
LaborLess automates electronic LCA posting, tracks posting duration, and generates compliant Public Access Files, giving employers and law firms defensible proof of compliance.