ICE and USCIS Worksite Visits H-1B Employers

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE), is targeting both employers with laborers and professional workers. ICE has undertaken an aggressive position toward investigating potential immigration violations at worksites. Employers and immigration attorneys nationwide are reporting surprise visits by ICE at worksites. However, unlike the visits of the past where ICE typically only raided undocumented workers at jobs such as meat processing plants, apparel factories, and the like, DHS is now visiting employers who employ professional workers under the H-1B program. The H-1B program generally grants work visas to those filling jobs that require a bachelor’s degree or higher. Such workers can include accountants, engineers, computer programmers, etc.



It appears that many of the H-1B visits by DHS are not triggered by anything in particular as small and large employers have been visited. In fact, very reputable companies with established histories of complying with the immigration law are being visited. This has caused some to question the efficiency and effectiveness of such visits at taxpayer expense. As employers become fearful of DHS investigations, I think it may a chilling effect on whether employers will select the best qualified candidates for jobs or the candidate that will result in the least scrutiny by our immigration service. This would not be good for business nor the public. If an employer has followed the rules, it should not have to expend time and resources, nor deal with the disruption, that surprise visits by DHS causes at the workplace. The legality of such warrantless “visits” has yet to be challenged in the courts, but it will only be a matter of time before an employer raises such issues.

There is a place for worksite enforcement by immigration officials, but there is also a need for a reasoned strategy.

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