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Wednesday, November 19, 2025

H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback - Epstein Becker Green

This week, we’re covering the U.S. Department of Labor’s (DOL’s) launch of Project Firewall to enforce H-1B visa compliance and new guidance on stand-alone fertility benefits, as well as a federal court ruling voiding gender identity protections.

Project Firewall: An H-1B Enforcement Initiative

The DOL has introduced Project Firewall, an initiative to enforce compliance with H-1B visa regulations. The program aims to ensure employers follow federal guidelines while balancing U.S. workers’ rights and businesses’ needs for skilled foreign labor.

DOL Issues Guidance for Fertility Treatments

Employers can now offer stand-alone fertility benefits, such as in-vitro fertilization (IVF) coverage, as “excepted benefits” separate from traditional health plans under new guidance from the DOL.

Federal Judge Strikes Down Gender Identity Protections

A federal judge in the Southern District of Mississippi has voided a Biden-era rule that extended sex discrimination protections under the Affordable Care Act to include gender identity, raising questions about the future of gender-affirming care protections.

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