Staffing ad exposes possible H‑1B 'bench' abuses

DOL’s Project Firewall was launched on Sept. 19, 2025 and has triggered at least 175 active H‑1B investigations, with the agency coordinating referrals with DOJ, EEOC and USCIS. (visaverge.com) A Bloomberg analysis found that outsourcing and IT staffing companies received roughly 11,600 and 22,600 H‑1B approvals respectively in recent years — together amounting to nearly half of awarded H‑1Bs in the dataset. (unity-connect.com) A federal jury’s 2024 finding against Cognizant highlighted benching and staffing‑model harms, covering about 2,300 class members and showing non‑Indian workers were 8.4 times more likely to be terminated after benching in trial evidence. (visaverge.com) The Wage and Hour Division’s historic bench‑enforcement actions include a 2021 recovery of roughly $85,000 for a benched H‑1B worker, illustrating the types of back wages agencies seek in benching probes. (dol.gov) Project Firewall’s enforcement toolbox expressly includes recovery of back wages, civil money penalties and potential program debarment for employers found in violation of H‑1B rules. (dol.gov) On the H‑4 EAD front, the D.C. Circuit affirmed DHS’s authority to authorize H‑4 work permits in Save Jobs USA v. DHS (Aug. 2, 2024), while the earlier Shergill settlement (Nov. 10, 2021) produced lasting changes to USCIS EAD adjudication and automatic‑extension practice. (law.justia.com) Taken together, recent litigation outcomes and Project Firewall’s data‑driven probes underscore why multiple federal agencies are now publicly targeting benching, wage‑shortfalls and staffing‑model practices tied to high‑volume H‑1B sponsorship. (gtlaw-insidebusinessimmigration.com)