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EEOC and DOL Tighten National-Origin Enforcement Under Project Firewall

The shift signals stepped-up investigations targeting employers who prefer visa holders over qualified U.S. applicants.

Overview

  • On November 19, the EEOC issued a one-page Fact Sheet, Discrimination Against American Workers Is Against the Law, stressing that Title VII also protects U.S. citizens from national origin bias.
  • The guidance flags unlawful practices such as “H-1B preferred” job ads, tougher application hurdles for Americans, differential pay without legitimate reasons, harassment, and retaliation.
  • The EEOC updated its national origin web page to foreground reporting channels and the priority of protecting American workers, while removing certain prior content including an English-only example and IRCA-related notes.
  • The Labor Department on November 24 praised the materials as part of its H‑1B Project Firewall and framed the interagency push with the EEOC and DOJ as a whole-of-government effort to ensure employers prioritize qualified Americans.
  • Recent actions include a November 25 EEOC settlement over preferential assignments and pay for immigrant agricultural workers, with analysts expecting continued complaint intake and coordinated enforcement into 2026.