The Department of Justice (DOJ) has announced a renewed focus on immigration enforcement, signaling tougher penalties for businesses that fail to comply with federal immigration laws. This shift means that companies may now face criminal charges for hiring unauthorized workers, I-9 violations, and document fraud—areas that were previously handled as civil matters.
With heightened scrutiny on employment practices, businesses must review their compliance policies, prepare for worksite inspections, and take proactive steps to avoid legal risks.
Key Areas of DOJ Immigration Enforcement
The DOJ’s expanded immigration enforcement efforts focus on three primary areas where businesses may face increased risk:
1. Criminal Charges for Hiring Unauthorized Workers
The DOJ is now prioritizing criminal prosecution of employers who knowingly hire unauthorized workers or engage in illegal employment practices. This includes:
- Harboring Undocumented Workers – Employers who knowingly allow unauthorized employees to work using false or fraudulent documentation may be subject to criminal prosecution.
- Misuse of Work Visas – Companies that violate visa sponsorship rules—such as placing an H-1B worker at an unapproved location—could face investigations and penalties.
- Pattern or Practice Violations – Businesses found to have a systematic practice of hiring unauthorized workers could face severe fines and even criminal charges.
2. Increased I-9 Inspections and Workplace Audits
The DOJ’s enforcement strategy includes a surge in I-9 inspections and worksite investigations. Businesses should expect:
- Notices of Inspection (NOI) – ICE may issue a Notice of Inspection (NOI), requiring employers to produce I-9 employment verification records within three business days.
- Document Subpoenas – Employers may be required to provide employment records, payroll documents, and other verification materials to federal agencies.
- Surprise Worksite Audits – The Fraud Detection and National Security (FDNS) Directorate is expected to conduct more unannounced site visits to verify visa compliance.
3. Increased Scrutiny of Visa Sponsorship Programs
Employers who sponsor foreign workers—especially for H-1B, L-1, and O-1 visas—should be prepared for tighter oversight and more aggressive enforcement.
- USCIS FDNS Site Visits – Companies that sponsor work visas may face random compliance inspections by FDNS officers to confirm that visa holders are working under the approved terms of their petition.
- H-1B Fraud Investigations – Businesses misrepresenting job roles, wages, or work locations could face criminal charges in addition to civil penalties.
- DOJ Referrals – Any violations found during FDNS site visits could be referred to the DOJ for potential criminal prosecution.
How Employers Should Prepare for Heightened Enforcement
1. Conduct Internal I-9 and Compliance Audits
Employers should proactively review their employment verification practices to ensure compliance before facing an investigation.
- Review I-9 Forms – Ensure all employees have properly completed I-9s, with no missing or incorrect documentation.
- Track Expiring Work Authorizations – Establish a reminder system for work permits and visa expirations.
- Eliminate Unauthorized Work Practices – Confirm that all employees are legally authorized to work in the U.S.
- Audit Visa Compliance – Ensure H-1B and L-1 employees are working at approved job locations and receiving proper wages.
2. Prepare for Worksite Visits and Inspections
With more frequent worksite investigations, employers should train staff on how to respond to ICE or FDNS visits.
- Designate a Compliance Officer – Assign a company representative to handle immigration-related inquiries.
- Know Your Rights – Employers do not have to allow ICE or FDNS agents into private areas of theworkplace without a valid warrant.
- Verify All Requests – Ask for officer identification and documentation before providing any records.
- Contact Legal Counsel Immediately – If faced with a worksite inspection, notify immigration legal counsel before responding.
3. Strengthen Compliance with Visa Sponsorship Programs
Companies sponsoring foreign workers should take extra precautions to ensure compliance with work visa regulations.
- Follow the Terms of Visa Petitions – Visa employees must be working in the location, job role, and salary specified in their USCIS petition.
- Maintain Clear Documentation – Keep detailed records of visa holders’ work assignments, wages, and job responsibilities.
- Prepare for FDNS Site Visits – Ensure foreign workers and HR personnel understand how to handle unexpected site visits from immigration officers.
What Employers Should Expect Moving Forward
With DOJ prioritizing criminal immigration enforcement, businesses can expect:
- More aggressive investigations into employment practices.
- Higher penalties for violations, including criminal charges for employers knowingly hiring unauthorized workers.
- Frequent I-9 audits and document subpoenas from DHS and ICE.
- Stricter enforcement of visa sponsorship requirements, with more site visits from USCIS.
To avoid legal consequences, employers must proactively review their hiring practices, ensure compliance with visa sponsorship regulations, and be prepared for increased federal scrutiny.
How NPZ Law Group Can Help
NPZ Law Group provides comprehensive legal counsel to help businesses navigate immigration compliance and enforcement challenges. Our team assists with:
- I-9 compliance audits and record-keeping strategies.
- Worksite investigation preparation and legal representation.
- Visa sponsorship compliance for H-1B, L-1, and O-1 employees.
- Defense against immigration-related criminal charges.
Contact NPZ Law Group today to ensure your business is fully compliant with immigration laws and prepared for DOJ enforcement actions.
Final Thoughts
The DOJ’s intensified focus on immigration enforcement means businesses must take proactive steps to maintain compliance and avoid criminal liability. By conducting internal audits, strengthening hiring procedures, and preparing for site visits, employers can mitigate risks and protect their workforce.
Stay ahead of immigration enforcement changes by working with experienced legal counsel to ensure full compliance with federal laws.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.