The immigration landscape for U.S. employers has shifted dramatically. The past six months alone have produced escalating enforcement activity, sweeping proposed changes to temporary visa categories, and reshaped adjudication standards — all while active litigation continues to alter the legal picture in real time. Below are five critical developments and recommended action items for each.

1. SURGE IN GOVERNMENT INVESTIGATIONS

Employer-facing immigration enforcement has reached levels not seen in recent memory. ICE’s rate of Notices of Inspection (NOIs) for I-9 audits has increased significantly, and DHS has broadly expanded the types of I-9 violations that can result in immediate fines.

The Department of Labor has suspended PERM labor certification processing for several major employers while also launching “Project Firewall,” which gives the Secretary of Labor broad discretion to target employers for H-1B compliance investigations.

The State Department’s Fraud Unit has also greatly expanded investigations of U.S. employers involving visa fraud at U.S. consulates.

What Employers Should Do:

• Conduct audits of I-9s (including a review of audit-trail sufficiency for electronic platforms), PERM audit files, and H-1B public access files.
• Review PERM recruitment methodology and strategy to ensure compliance with current enforcement trends.
• Establish a protocol for responding to government site visits or subpoenas.

2. PROPOSED CHANGES TO THE H-1B PROGRAM

The H-1B program faces...

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