11/19/2025 EEOC Releases New and Updated Educational Materials on National Origin Discrimination
https://www.eeoc.gov/newsroom/eeoc-releases-new-and-updated-educational-materials-national-origin-discrimination
'Project Firewall' is an enforcement initiative launched in Sept 2025, led by the DOL in partnership with the EEOC, DOJ, and USCIS. Its primary objective is to protect the rights, wages, and job opportunities of American workers by ensuring they are prioritized for highly skilled roles and by holding employers accountable for H-1B visa program abuses.
Within this project, the EEOC’s specific role is to rigorously enforce Title VII of the Civil Rights Act against "anti-American" national origin discrimination. The agency investigates and litigates cases where employers illegally favor foreign visa holders over qualified U.S. citizens, rejecting common business excuses—such as lower labor costs or stereotypes about work ethic—as valid defenses for discriminatory hiring or termination practices.
Federal agencies look for the following red flags that may trigger a formal investigation:
Recruitment & Advertising Red Flags
• Restrictive Job Language: Postings that use phrases like "H-1B preferred," "H-1B only," or "Ideal for OPT/CPT students."
• Burdensome Application Steps: Requiring U.S. applicants to undergo more rigorous testing, longer interview processes, or more documentation than H-1B candidates (often seen during the PERM labor certification process).
• Third-Party Vendor Practices: The EEOC warns that using staffing agencies or vendors that exclusively supply foreign visa holders is a red flag for the hiring company.Retention & Termination Red Flags
• Unequal "Bench" Treatment: Terminating American workers who are between projects (on the bench) while retaining visa holders in the same status.
• Sudden U.S. Staff Layoffs: A spike in U.S. worker terminations followed immediately by petitions for new H-1B visas in similar roles.
• The 90-Day Rule: Displacing a U.S. worker within 90 days (before or after) of filing an H-1B petition for a similar position.Operational & Compensation Red Flags
• Wage Disparities: Paying visa guest workers significantly less than similarly situated American workers, which the EEOC views as evidence of a preference for "lower labor costs" over merit.
• Worksite Inconsistencies: Moving H-1B workers to unlisted client sites or roles not described in their Labor Condition Application (LCA).
• Stereotype-Based Rationales: Internal communications or manager statements suggesting that foreign workers have a "better work ethic" or are "more productive" than Americans.Systemic Indicators
• Data Anomalies: Significant statistical differences between the percentage of qualified U.S. applicants in the local labor market and the percentage actually hired by the company.
• Whistleblower Reports: Increased weight is given to reports from current employees regarding "unwelcome remarks" or conduct that suggests a hostile environment for U.S. citizens.
References:
• EEOC Technical Assistance Document: "Discrimination Against American Workers Is Against the Law" (November 19, 2025).
• Department of Labor (DOL) News Release: "US Department of Labor launches Project Firewall to protect America's highly skilled workforce" (September 19, 2025).
• Joint Agency Press Release: "DOL–EEOC Partnership Expands Coordinated Enforcement on National Origin Discrimination Under 'Project Firewall'" (November 24, 2025).