Photo of Matthew Gorman

Matthew Gorman

Subscribe to Matthew Gorman's Posts
Contact:Read more about Matthew Gorman
  • An overview of key global immigration and mobility issues to consider related to immigration, employment, compensation
…

Immigration authorities across APAC are stepping up enforcement activity, with employers increasingly facing unannounced inspections and on‑site investigations. Our Global Immigration and Mobility attorneys examine the trends driving increased immigration authority activity in the region, with a particular focus on Malaysia and Vietnam. The panel discusses how these enforcement actions typically unfold, common triggers, potential…

ICE, in a “fact sheet” available on its website, has made a significant change to the way it conducts I-9 audits. Specifically, ICE has broadened what it considers to be a “substantive” violation on an I-9. This change is likely to increase the financial penalties employers face during an audit, impacting all employers (including those who have already conducted an internal audit). This change to ICE’s protocol may signal increased enforcement in the coming weeks and months. 

Key Takeaways

In response to this change, employers should: 

  • Conduct an I-9 audit to determine potential penalties under the new guidelines and determine which, if any, substantive errors can be rehabilitated.
  • Conduct internal training to ensure the company has an established I-9 protocol and team to ensure the process is being completed accurately and in a timely manner.
  • Create a protocol for the handling of I-9 audits at the worksite should ICE issue a subpoena.

In more detail

The Immigration Reform and Control Act (IRCA), enacted on November 6, 1986, requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations. During an I-9 audit, ICE reviews the accuracy and completeness of an employer’s I-9s to determine the volume of: (i) missing I-9s; (ii) technical violations; and (iii) substantive violations. ICE must permit employers to correct technical violations before issuing a fine; a substantive violation is cause for a fine without opportunity for rehabilitation. Fines range from $288 to $2,861 per I-9 violation.

Continue Reading Changes to I-9 Penalties Increase Employer Liability

The Trump Administration recently announced wide-ranging immigration policy changes that directly impact most employer-sponsored visa holders. While each update may seem minor or only pertinent to specific cases, they amount to notable changes when viewed collectively. The latest developments highlight the critical importance of staying informed of immigration changes and reviewing internal practices to ensure immigration compliance. Below is a summary of changes most likely to impact companies and their visa-holding employees. 

1. H-1B visa stamping now requires social media vetting, causing significant delays and appointment cancellations in India

  • All H-1B and H-4 visa applicants are subject to mandatory social media vetting, requiring that applicants set their social media profiles to public. This is an expansion of the social media vetting announced earlier in the year for student visa applicants.
  • This change in policy does not impact USCIS filings and only applies to applicants for visa stamps at US Embassies or Consulates outside of the United States.
  • There have been widespread reports of H-1B visa appointments being cancelled and rescheduled due to the change in policy, particularly in India.

Key Takeaway   

Employers and employees should be prepared for H-1B and H-4 visa stamping to take longer due to this new process. Employers should know their visa population including H-1B (and H-4) employees who will travel for visa stamping given the possibility of cancellation and/or delay. Employers should have clear policy guidelines regarding remote work and consider contingency plans due to an employee’s extended absence abroad.  

Continue Reading US Immigration Update: What Employers Should Know About Immigration Changes in Q4

We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Brazil, Italy, Philippines, Singapore, South Africa, the United Kingdom and the United States.

Click here to view.

On October 20, 2025, US Citizenship and Immigration Services (USCIS) issued guidance on the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which imposed an additional $100,000 payment as a prerequisite for certain new H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025.

For more details, refer to our September…

On Friday, September 19, President Trump issued a proclamation announcing the Gold Card program to facilitate the entry of people who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the United States (The Gold Card – The White House).

On Friday, September 19, President Trump issued a proclamation imposing a new $100,000 fee on certain H-1B employers and beneficiaries. See Restriction on Entry of Certain Nonimmigrant Workers – The White House. The proclamation became effective 12:01 a.m. EDT Sunday, September 21, 2025 and expires after twelve months but may be extended.
 
When…

We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Colombia, Italy, Philippines, Singapore, Ukraine, the United Kingdom and Vietnam.

Click here to view.