Visa Approved: Now What Employers Need to Pay Attention To
- Jia Law Group
- 2 hours ago
- 3 min read
Across corporate immigration, worksite compliance, and agency enforcement, we are seeing a coordinated shift toward higher scrutiny, deeper audits, and increased review of both current and historical filings.
For employers, this means immigration compliance is increasingly being evaluated as a continuous system, not a series of isolated filings.
I-9 Enforcement and H-1B Site Visits Are Increasing in Parallel
ICE continues to require timely completion of Form I-9 (within 3 business days of hire), but inspection standards are becoming significantly stricter in how errors are classified.
More issues are now being treated as substantive violations, meaning they cannot be corrected after discovery.
High-risk issues continue to include:
missing or incorrect dates (hire, birth, certification)
incomplete Section 2 employer attestations
missing preparer/translator information
incomplete document fields, even where supporting documentation exists
On the H-1B side, enforcement activity is also increasing under initiatives such as Project Firewall, with a reported 48% increase in site visits and investigations (per DOL reporting).
We are also seeing:
more unannounced site visits
increased scrutiny of worksite legitimacy and job duty alignment
continued enforcement activity even where prior site visits have occurred
Practical takeaway:
If there is any uncertainty regarding whether current compliance processes fully reflect evolving enforcement expectations, employers should consider a proactive immigration audit or training review with JLG to identify and address potential risk areas before an inspection occurs.
USCIS: Increased Focus on Consistency Across Filings
USCIS leadership has signaled increased attention to prior filings, including expanded efforts to revisit and re-evaluate previously approved immigration cases under updated vetting standards.
This does not mean prior approvals are routinely reopened, but it does indicate a broader willingness to reassess historical filings where concerns arise.
Practical implications for employers:
prior filings may be reviewed in later adjudications
historical representations may be assessed under current standards
consistency across filings is becoming increasingly important over time
For employers managing long-term immigration sponsorship, this reinforces a core principle: H-1B, L-1, PERM, and green card filings should function as a single, consistent system rather than independent applications.
Case Highlight: L-1A Approval Involving Complex Corporate Structure
Our recent L-1A matter involving a Swiss Verein-style organizational structure was successfully approved.
These cases are often challenging because decentralized entities are designed to operate independently, which can make it difficult to establish the level of common ownership or control required under the L-1 framework.
Through a structured evidentiary approach, we were able to align the organization’s operational reality with USCIS regulatory standards and secure approval.
Firm Update: Cross-Border Expansion in Asia
Our recent business development trip in Korea was successful and further strengthened our cross-border capabilities across Asia.
During the trip, we engaged with leading local law firms on collaboration opportunities, reinforcing a shared focus on supporting clients in increasingly complex and fast-moving international expansion.
If you have questions regarding this topic, please click here to contact our team.