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On U.S. Immigration and Customs Enforcement’s (ICE) website, multiple articles confirm a significant number of worksite enforcement arrests are currently being made. In the news, the narrative is simple: A surge in I-9 audits is probable — if not already underway — and heightened scrutiny is expected under the new administration as compliance takes center stage for every organization.
As we anticipate these audits and investigations to ramp up in the next few years, it’s beneficial for employers to have clear expectations about why these investigations occur, what happens during them and how they can prepare.
U.S. Citizenship and Immigration Services has the authority to verify information included on H-1B and L-1 petitions through telephonic and electronic methods, and through on-site inspections of worksites, also known as “site visits.”
Under the Administrative Site Visit and Verification Program, USCIS randomly selects petitions for site visits both before and after the petition is adjudicated. The occurrence of a site visit does not necessarily reflect a suspicion of fraud or other concerns. The purpose is to confirm the information that companies provide in immigration petitions for sponsored foreign national employees and to assess compliance with immigration statutes and regulations.
While some site visits are announced in advance, by law, representatives from USCIS’ Fraud Detection and National Security (FDNS) can arrive unannounced at any worksite listed on the H-1B or L-1 petition. Individuals normally responsible for the company’s visitor intake should be made aware of the specific procedures for FDNS site visits. There should be a defined protocol and a list of individuals who should be contacted to handle an FDNS site visit.
Download our guide on how to prepare your organization for USCIS site visits, including protocol for front-desk staff and foreign national employees.
A Form I-9 audit is initiated when the ICE Homeland Security Investigations (HSI) serves the employer a written Notice of Inspection (NOI).
The NOI generally includes:
HSI may also request that the employer provide supporting documentation, which may include but is not limited to: a copy of the employer’s payroll, a list of active and terminated employees, articles of incorporation and business licenses. Employers have at least three business days to produce the I-9 forms and supporting documents requested in the NOI.
During the Form I-9 audit, HSI will be looking for both technical and substantive violations. Technical violations are typically procedural errors that can be corrected by the employer within 10 business days of the violation being reported by HSI.
Substantive violations are more serious and include failure to complete the Form I-9, failure to complete the Form I-9 within three business days, accepting fraudulent documents and failing to properly verify the documents. These errors are not allowed to be corrected.
After conducting the Form I-9 audit, the auditing agency will notify the employer of its findings in writing. A Notice of Inspection Results means the organization was compliant. If any violations were identified during the audit, an employer may receive one of these notices:
Whether your organization wants to conduct an internal Form I-9 audit as a precautionary measure, update its site visit protocol or finds itself in the middle of an investigation, BAL is equipped and ready to help.
Download our guide on how to prepare your organization for USCIS visits, including recommended steps for reception and foreign national employees when receiving an FDNS official, and potential questions FDNS officials may ask.
Immigration is a constantly evolving space. Each administration has its own priorities regarding immigration, resulting in new regulations and policies that employers need to stay on top of to maintain compliance.
Recent immigration updates regarding H-1B visas come from the Biden administration. Intended to “modernize” the H-1B program, one final rule published in January 2024 changed the H-1B selection process, while another final rule published in December 2024 aimed to clarify program requirements, strengthen program integrity measures and provide flexibility for petitioners and beneficiaries.
Understanding these rules is critical to maintaining compliance for your H-1B program. Here’s a quick breakdown of three key provisions of the most recent rule.
In one provision of the H-1B modernization rule, U.S. Citizenship and Immigration Services updated the definition of a “specialty occupation” for H-1B workers. The revised definition clarifies that although the position must “normally” require a degree in order to qualify as a specialty occupation, “normally” means typically or usually and does not mean the degree is always required.
The preamble of the final rule explains how this updated definition may allow skills-based hiring programs to coexist with H-1B eligibility. This flexibility may give companies more confidence to allow skills-based hiring programs for certain positions while not necessarily compromising future H-1B eligibility for those roles.
See how this update can apply with a real-world example. Access the webinar recording where BAL government and policy experts break down the H-1B modernization rule in full.
The final rule also added that the degree must be “directly related” to the job, meaning there is a logical connection between the required degree or its equivalent and the duties of the position.
In the final rule, USCIS codifies the agency’s authority to conduct on-site inspections. The rule states that if USCIS is unable to verify facts, including due to the failure or refusal of the petitioner or a third party to cooperate, USCIS may revoke or deny an H-1B petition.
The preamble to the rule clarifies that USCIS will not generally move directly to revocation or denial, but will instead issue a notice of intent to deny or revoke and give the employer an opportunity to respond. The preamble also states that, if requested, the agency will generally allow an employee to have their employer or representative present or on the phone with them while the officer is interviewing them.
USCIS addressed the requirements for H-1B workers who are placed at third-party locations in the final rule, saying that if an H-1B worker is “staffed” to another entity, then the agency will look at the other entity’s job requirements for that position to determine whether it qualifies as a specialty occupation for H-1B status.
USCIS further defined “being staffed to another entity” as being contracted to fill a position in the third-party organization, becoming part of its hierarchy, rather than merely providing services to the third-party organization.
This seemingly vague distinction means that it will be up to USCIS to determine whether the H-1B worker is being staffed to the third-party organization or if they are just providing services to the organization, which determines the type of support documentation USCIS will require. We anticipate an increase in requests for evidence due to the limited clarity.
Get exclusive access to a recorded webinar where BAL’s government and policy specialists provide a comprehensive assessment of the new H-1B modernization rule, including real world examples of how these provisions will play out and expert counsel on how to keep your H-1B program compliant.
Structuring effective in-house immigration programs is critical for businesses employing foreign nationals; strengthening these programs to better adapt to growth, transitions and regulatory changes is vital to the overall success of the organization.
Whether the number of foreign national employees in your program is fewer than 10 or more than 1,000, there are common structural elements that can strengthen your program to successfully navigate the complexities of immigration law and compliance.
Identify, centralize and define the core functions that need to be managed in your immigration program. These functions typically include:
Download BAL’s Immigration Program Fitness Assessment to determine any gaps in your program’s strength and identify areas for improvement.
Once the core functions are identified, define specific roles and responsibilities for each function. Common roles in a corporate immigration program may include an immigration manager or director who oversees the immigration program, a human resources professional who ensures immigration policies align with HR practices and a person or team who supports foreign national employees through their immigration cases. These roles sometimes fall under one individual in a smaller program or include even more roles in a larger program.
A recent benchmarking survey conducted by BAL found that 20% of the companies that responded did not have a documented policy in place for their in-house immigration programs.
Having a documented policy for your immigration program ensures clarity, direction and consistency for everyone involved while reducing email churn, misinformation and employee dissatisfaction. Your immigration policy should address protocol for certain cases, like defining who is eligible for premium processing and when the organization initiates green cards. It should also outline who is responsible for paying for certain aspects of immigration in compliance with U.S. immigration regulations.
Engaging legal professionals with expertise in immigration law will provide additional assurance that the program aligns with current federal immigration laws and practices, minimizing risks and enhancing operational efficiency.
Set up clear communication between all stakeholders involved — whether it is a handful of individuals or a dense team network. Regular meetings, status updates and utilizing a centralized communication platform can help ensure everyone, from leadership to foreign national employees, is aligned on priorities, policy and procedures.
Implementing case management software will enhance operational efficiency. Technology can facilitate better data management, track cases and improve overall service delivery, making your immigration program more responsive, transparent and effective.
Regularly monitor and evaluate the performance of your immigration program to help identify areas for improvement and ensure the program continues to meet the needs of the company and its employees. Consider implementing key performance indicators to measure success and track progress. These KPIs can measure things like application processing times, approval rates and stakeholder satisfaction.
You can also conduct surveys, focus groups, benchmarking and data analytics to gain valuable insights into employee experiences and program effectiveness.
These tools and protocols are not just “nice-to-haves.” By implementing them, you maintain your immigration program’s compliance, maximize its efficiency and increase its resilience against an evolving immigration environment.
Curious how your current immigration program stacks up? Download BAL’s Immigration Program Fitness Assessment to determine any gaps in your program’s strength and identify areas for improvement.
The 2025 federal election in Germany was highly anticipated, as individuals and governing bodies around the world recognized the potential implications of the outcome. BAL shared a synopsis of the election outcome in our 2025 Global Election Hub, but the following provides more context around how Germany’s government is structured, why this election was crucial and how the results might play out in the next several years.
How Germany’s government is structured
Germany’s constitution (The Basic Law) established the country as a constitutional federal state system and parliamentary democracy. The parliamentary system incorporates many features of the British system, but unlike the U.K.’s unitary nature, the federal component incorporates elements of a political structure found in the United States and other federal governments. Parliaments belong to the legislative branch, while governments belong to the executive branch and the judicial branch holds a key independent role.
The federal president is the head of state of the Federal Republic of Germany. The formal chief of state is chosen for a five-year term by a specially convened assembly and is the highest-ranking representative of Germany in terms of protocol. The president represents the country in its dealings with other countries and appoints government members, judges and high-ranking civil servants.
The president nominates the federal chancellor, who is then elected by a majority vote and is vested with the greatest political decision-making power. The president sets guidelines for policy and possesses power comparable to the president in a presidential democracy.
The Bundestag is the lower chamber of the federal parliament, made up of elected representatives of the German people. It is the cornerstone of the German system and has 630 members, although the precise number varies depending on the next elections. National elections to the Bundestag are held once every four years. The 69-member upper chamber, known as the Bundesrat, has members who are appointed by the state governments. The body exercises its authority to protect the rights and prerogatives of the state governments.
Under rules designed to prevent the instability that facilitated the rise of fascism in the 1930s, the president can only dissolve parliament and call an election if the federal chancellor calls, and loses, a confidence vote (more on that later).
Why the 2025 election was highly anticipated
Before the most recent election, the chancellor was Olaf Scholz of the Social Democratic Party (SDP). He succeeded Angela Merkel in December 2021 and was elected after the SDP entered into a coalition agreement with two other political parties known as the Alliance ’90/The Greens (Bündnis ’90/Die Grünen) and the Free Democratic Party (FDP).
This three-party “traffic-light” coalition government, ruling Germany since 2021, collapsed in November 2024 after Chancellor Scholz called for a confidence vote in parliament. On Dec. 16, 2024, he lost the vote of confidence, and the German parliament accepted the chancellor’s invitation to withdraw its confidence in him and dissolve the lower house of parliament. The no-confidence vote resulted in the need for an early election on Feb. 23, 2025, to elect the 21st Bundestag, rather than in September 2025 as originally scheduled. The snap federal election has tremendous implications for the EU’s largest member state and biggest eurozone economy.
The center-right Friedrich Merz of the Christian Democratic Union (CDU) was the front-runner to replace Scholz heading into the election. The CDU and Christian Social Union (CSU) had been ahead in the polls for months.
Germany’s party-political system has become more fragmented in recent years, with more parties and more radical upstart political forces. The far-right Alternative für Deutschland (AfD) entered the Bundestag for the first time in 2017, winning 12.6% of the vote. Before the election, it was polling around 20%. Scholz’s SDP and The Greens were two of the other major political players (third and fourth, respectively).
How the election panned out
Germany is getting a new chancellor, with Merz on course to become Germany’s 10th chancellor. The CDU/CSU secured 208 seats (28.52%), while the AfD and its leader, Alice Weidel, secured 152 seats (20.8%) and Scholz’s SDP secured 120 seats (16.41%). Scholz will continue as a caretaker chancellor until Merz is sworn in. It should be noted that AfD doubled its vote share from four years ago in the strongest showing for a far-right party since World War II.
What happens now?
The election determined who would be elected to parliament. Now, Merz must put together a coalition government. Only when a coalition deal has been reached will the 630 lawmakers in the new Bundestag vote to elect the next chancellor, who must secure at least 316 votes. There are no formal deadlines for coalition-building or voting on the new chancellor. Merz has said he wants to begin talks immediately and hopes to form a governing coalition by Easter.
The now-outgoing government of Chancellor Scholz is the most unpopular since 1949. Germany, which has 83 million inhabitants, grew into the world’s third largest economy primarily by making and exporting engineering products. It is considered an export-reliant and manufacturing-heavy economic model. Overall, real GDP is expected to have contracted by 0.1% in 2024, following a decline of 0.3% in 2023, the second year in a row with negative growth.
The next chancellor will have to tackle an economy that has shrunk for two consecutive years for the first time in decades — in part because of a slowdown with trade partner China, high energy costs and growing international competition.
Keep up to date with how the election outcome impacts immigration by signing up for BAL’s newsletter.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
BAL is thrilled to share that we’ve been ranked in the highest tier of the Chambers Global Guide 2025 in the Immigration: Business practice area. Described as a “powerful force in corporate immigration…with substantial consular, auditing and compliance experience,” BAL was also ranked in Band 2 in the Immigration in Global: Multi-jurisdictional rankings.
“It’s always an honor to be recognized in the annual Chambers rankings,” said Frieda Garcia, Managing Partner of BAL. “With such a rigorous submission and review process to inform the rankings, the legal community appreciates the weight of the Chambers Guides. We’re thankful for the continued acknowledgement by Chambers and our clients.”
In addition to the firm’s honors, BAL Partners Jeff Joseph and Lynden Melmed were ranked in Band 2 in the Immigration: Business practice area. Chambers describes Joseph as a “very strong, experienced lawyer” with substantial experience in immigration-related litigation. In describing Melmed’s strengths, Chambers says that he knows “how to approach governmental agencies at the highest level.”
Rankings are determined through Chambers’ in-depth methodology involving client feedback.
BAL is proud to share that our firm has been named one of U.S. News’ 2025 Best Companies to Work For in the law firm category. This esteemed list recognizes the country’s top law firms based on how the firms best meet the needs and expectations of their employees.
“We’re proud to have U.S. News validate what we already know — that BAL is a great place to work,” said Jeremy Fudge, CEO of BAL. “Our leadership invests heavily into active listening and employee engagement to create a positive work environment that can adapt to the needs of our people. It’s an honor to be recognized for those efforts.”
To calculate the U.S. News Best Companies to Work For: Law Firms list, U.S. News partnered with Leopard Solutions and Revelio Labs to conduct legal market research and calculate the six metrics used in the list: quality of pay and benefits, work-life balance, job stability, physical and psychological comfort, belongingness and opportunities for professional development.
From these metrics, BAL ranked especially high in comfort and quality of pay.
Those interested in joining the BAL team are invited to explore job openings on our careers page: https://www.bal.com/careers/.
In this week’s episode, Gabe Mozes and Jeff Robins introduce BAL’s newest office in Atlanta and litigation service group while diving into their deep experience in immigration.
Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL immigration news page.
This podcast has been provided by the BAL U.S. Practice Group.
As we prepare for President-elect Trump’s second term, we expect to see some of the same policies and immigration trends from his first term. One of those is a significant increase in Form I-9 audits and worksite enforcement investigations.
Employers can best prepare by understanding how to correctly fill out and maintain the Form I-9, conducting internal audits to ensure accuracy and compliance and updating their internal procedures for responding to an audit. As we anticipate these audits and investigations to ramp up in the next few years, it’s beneficial for employers to have clear expectations about why these investigations occur, what happens during them and what rights and obligations they have.
Employers are required by law to use Form I-9 to verify that all employees hired after Nov. 6, 1986, are authorized to work in the United States. Companies must maintain I-9 forms for all current employees as well as former employees for at least three years from the first day of employment or one year from the date employment ended, whichever is longer.
A Form I-9 audit is initiated when the Department of Homeland Security’s Immigration and Customs Enforcement agency (ICE) Homeland Security Investigations (HSI) serves the employer a written Notice of Inspection (NOI).
A Form I-9 audit may be triggered by complaints from the organization’s current or former employees, whether they observed unfair or questionable hiring practices or believe their job was lost to an undocumented worker.
Many times, an audit is initiated due to potential red flags in data or trends within a particular industry or region. The Department of Homeland Security uses software to analyze their extensive database of immigration and employment verification data, searching for anomalies and inconsistencies that may indicate noncompliance.
Employers should cooperate with ICE agents during a Form I-9 audit. However, they should also be aware of their rights and ensure employees know theirs as well.
Employer rights during Form I-9 audits:
Employers should seek counsel from their immigration attorney if subject to a government audit or investigation.
A worksite enforcement investigation, sometimes referred to as a “raid,” typically takes place when ICE agents are attempting to detain employees they believe are working in the United States unlawfully. ICE agents may come to a workplace to target specific workers as part of an ongoing investigation or question all workers who are present.
Unlike a Form I-9 audit, ICE does not need to provide the employer with any prior notice. However, ICE does need to provide the employer with a warrant to enter the premises.
Employers and employees still have certain rights during a worksite enforcement investigation.
Whether your organization wants to conduct an internal Form I-9 audit as a precautionary measure, update its site visit protocol or finds itself in the middle of an investigation, BAL is equipped and ready to help. Our immigration legal experts are deeply knowledgeable about Form I-9 requirements and are experienced in navigating changes in policy and government enforcement trends. We have an entire team of professionals who can assist companies in running I-9 compliance and E-Verify programs, as well as manage complex matters such as I-9 audits and investigations.
Contact our team of immigration legal experts to discuss how we can help ensure compliance and a fair investigation.
In this week’s episode, BAL’s Michelle Gergerian and Victoria Ma discuss strategies employers can use to best position themselves for attracting and retaining top talent in the semiconductor industry.
In our last episode of the year, Jonathan Nagel provides an advisory update on the new European travel systems, and Gabriel Castro and Kristi Ngo suggest their favorite immigration-themed books, movies and media you may want to discover over the holidays.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.