A new rule from the Department of Homeland Security (DHS) significantly changes the role of the U.S. Citizenship and Immigration Services (USCIS). On September 5, 2025, DHS amended its regulations to grant certain USCIS personnel the authority to investigate and enforce civil and criminal violations of immigration laws. For employers, this is a critical development that demands attention and proactive action. It signals a new, more robust era of worksite enforcement, where USCIS is no longer just the agency that processes petitions.
The Implications for Employers
This rule changes the landscape of immigration compliance for every U.S. business that hires foreign talent.
Heightened Scrutiny and Increased Audits
Historically, USCIS’s fraud detection efforts would identify potential fraud and then refer cases to Immigration and Customs Enforcement (ICE) for investigation. Now, USCIS has the authority to conduct these investigations from start to finish. This could lead to a significant increase in on-site visits, I-9 audits, and direct inquiries from USCIS agents. For businesses, this means the risk of noncompliance is higher than ever before.
Faster and More Direct Enforcement
The new rule streamlines the enforcement process. Instead of waiting for another agency to act, USCIS personnel can now take immediate enforcement action upon discovering a violation. For an employer, this means a paperwork error or a missed compliance deadline could escalate more quickly into a serious legal issue. This could lead to more requests for evidence, notices of intent to deny, and notices to appear.
Expanded Civil and Criminal Liability
The rule expands USCIS’s authority to investigate both civil and criminal violations. This includes potential fraud in petitions, misrepresentation, or other actions related to hiring foreign workers. Businesses could face more than just civil fines; they may also be exposed to criminal liability. USCIS officers are authorized to issue and execute warrants, arrest individuals, and carry firearms, all within the jurisdiction of USCIS.
How an Immigration Attorney Can Help
Given this new enforcement environment, the role of a trusted immigration law firm for employers is more important than ever. An experienced attorney can help your company prepare for and respond to this new reality.
Proactive Compliance Audits
An attorney can conduct a thorough internal review of your company’s I-9 forms and public access files for H-1B visas to identify and correct any potential issues before an enforcement agency does. An attorney’s expertise in this area can provide a crucial layer of protection.
Developing a Response Plan
Your legal counsel can help you create a detailed plan for how to respond if USCIS agents show up at your workplace. This includes training your staff on their rights and responsibilities during a site visit and establishing a clear chain of command for communication.
Representation During Investigations
Should your company be subject to an audit or investigation, an immigration lawyer can represent you and your employees. They can serve as a crucial buffer between your company and the government, ensuring that your rights are protected and that all communications are handled properly.
Work with Klug
This new rule signals that immigration compliance is no longer just an administrative task. It is a critical risk management issue that requires a proactive and legally informed approach. By partnering with an experienced immigration law firm, you can ensure your business remains compliant and is prepared for this new era of enforcement. For help navigating today’s business immigration process, contact our experts at info@klugfirm.com or (646) 512-8896.