Immigration

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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

By February 1, 2026, employers must give California employees a notice explaining their constitutional rights when interacting with law enforcement at the workplace, their immigration rights and protections, their rights to workers’ compensation benefits, their rights to organize or engaged in concerted activity, and other “new legal developments.” And by March 30, 2026, employers must…

Illinois has entered a pivotal year for workplace regulation. Employers face a series of new requirements, with significant and wide-ranging changes—from paid lactation breaks and NICU leave to expanded whistleblower protections, stricter contract rules, and new obligations around AI use in hiring and employment decisions. These new laws will reshape policies on employment agreements, leave…

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

Fast Track to 2026: A 75-Minute Must-Attend Webinar for In-House Counsel

The legal landscape impacting California employers is evolving at breakneck speed. As we race toward 2026, employers need to stay agile, informed, and ready to shift gears. This high-impact session will cover the most pressing workplace trends, risks, and regulatory changes ahead for California…

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.

US immigration enforcement – both at the border and in communities across the country – has created widespread anxiety for employers and foreign-national employees due to the rapid changes in policies and their enforcement by US immigration authorities. The recently passed “One Big Beautiful Bill Act” significantly increases DHS’ budget for key immigration enforcement priorities…

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

Click here to view.