By Yang-Kyoung (Lou) Nam, Esq., Associate Attorney
In recent months, federal agencies such as the U.S. Immigration and Customs Enforcement (ICE) and the Fraud Detection and National Security (FDNS) have intensified immigration enforcement actions at worksites across the country. These actions include I-9 audits, ICE Raids – a targeted enforcement action by ICE, and administrative site visits conducted by FDNS. While enforcement efforts are not new, there is a renewed focus on employers as well as employees. Employers who knowingly hire undocumented workers may be subject to criminal liability for harboring them.
This article will review the common types of worksite enforcement actions and outline the steps employers can take now to prepare for potential audits, site visits, or inspections by federal immigration authorities. The focus is on practical, proactive measures to help ensure your business is compliant and protected.
1. Form I-9 Inspection
Federal law requires all employers to complete and retain a Form I-9: Employment Eligibility Verification for every new hire or rehire. This form verifies the identity and work authorization of all employees. New hires must attest to their immigration or citizenship status and present documents to support their work eligibility.
An I-9 inspection typically begins with a Notice of Inspection (NOI), giving employers 72 hours to respond. Violations can lead to fines, other consequences and possibly result in criminal charges.
2. Administrative Site Visits (ASVs) by FDNS
The FDNS unit conducts unannounced site visits to verify the information in immigration petitions and prevent fraud. These visits can occur at the employer’s main office, client locations, remote sites, or even home offices if listed in the petition. Officers may verify:
• That the employer’s business is operational
• That the foreign employee is working in the correct position
• That the foreign employee’s salary is correct
• That the employer and the foreign employee are generally complying with visa requirements
Although most common for H-1B petitions, FDNS site visits can also target other visa types such as L-1 and STEM OPT. Noncompliance, refusal to cooperate, or false statements during a visit can result in petition revocation — and if issues are systemic, potential criminal liability.
3. ICE Worksite Raids
ICE raids on worksites are part of the agency’s broader efforts to identify and apprehend undocumented workers, as well as to penalize employers who knowingly employ them. ICE agents are permitted to enter public areas of a business—such as lobbies or reception areas—without a warrant. Employees are not required to answer questions and should direct agents to a designated company representative or manager.
However, access to non-public areas—including break rooms, offices, and storage areas—requires either a valid judicial warrant or the employer’s explicit consent.
• A judicial warrant, signed by a federal judge, authorizes specific actions, including searches, seizures, or arrests.
• An administrative warrant (e.g., Form I-200 or I-205), which may be issued by immigration authorities, does not grant permission to enter private areas without consent.
In the absence of a judicial warrant, employers are within their rights to deny ICE agents access to non-public areas. However, they should not interfere with agents operating in public spaces.
How Employers Can Prepare
1. Conduct Internal Training and Audits
• Train HR and compliance staff on proper procedures for managing I-9s and Public Access Files (for H-1B and E-3 visa holders).
• Perform internal audits to ensure your records are accurate and up to date.
• Consider hiring an immigration attorney to conduct an external audit. This can uncover issues while maintaining confidentiality under attorney-client privilege.
• For employers of foreign nationals, verify that job titles, duties, locations, and wages match the details in immigration petitions. Track expiration dates for work authorization and reverify as needed.
2. Develop a Response Protocol
• Create a written action plan outlining how legal, HR, and security personnel should respond if immigration agents arrive.
• Train frontline staff — including receptionists and security — on how to handle unexpected visits.
• Appoint and train a designated company representative to speak with investigators.
• Ensure these representative contacts your immigration counsel immediately when an agent arrives.
• Always ask for agents’ names, titles, and contact information.
• Take thorough notes during any visit or inspection.
• Maintain a secure, accessible file with copies of relevant USCIS petitions and documents.
3. Know Your Rights
• You can ask agents for their credentials and confirm their authority.
• If agents present a warrant, review it carefully.
• Without a valid judicial warrant, you are not required to allow agents into private areas.
• In the event of a Notice of Inspection (NOI), you are entitled to three business days to provide Form I-9s and other requested records.
• You have the right to have legal counsel present during all interactions with federal agents.
Immigration compliance is a critical legal responsibility and should be incorporated into a company’s overall risk management strategy. Employers should prepare proactively to avoid costly penalties and disruptions to operations.
At Global Immigration Legal Team, we offer counseling and external audit services to the corporate clients to help ensure that they are fully prepared and protected. Should you wish to set up a consultation to discuss how to protect your business, please feel free to contact Lou or call our office at (610) 975-4599 to schedule a consultation today.
Be sure to mention this article when reaching out for your consultation.
Reviewed by Monica Singh, Esq., Business Immigration Department Chair