USCIS Expands Law Enforcement Authority: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) has announced a sweeping expansion of its law enforcement role, marking one of the most significant changes to the agency’s mandate in recent years. Under a newly published final rule, USCIS will now employ Special Agents (classified as 1811 officers) with expanded federal law enforcement authority.  This development will impact not only individuals navigating the immigration system but also employers responsible for maintaining immigration compliance in their organizations.

What Changed?

Traditionally, USCIS has focused on adjudicating immigration benefits—processing applications for visas, green cards, naturalization, and related services.  Enforcement matters, such as arrests and investigations, have historically been handled by other agencies within the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE).

With the new rule, USCIS special agents will now be empowered to:

• Investigate immigration law violations;
• Make arrests and carry firearms;
• Execute search and arrest warrants; and
• Present cases for prosecution.

In essence, USCIS will no longer have to rely solely on ICE to pursue enforcement actions in cases of fraud or other violations tied to immigration benefits. The rule is effective 30 days from publication in the Federal Register (expected on September 5, 2025, with an effective date around October 5, 2025).

Why This Matters

This change allows USCIS to conduct investigations from start to finish, increasing the agency’s capacity to address fraud and compliance concerns directly.  Employers should anticipate heightened scrutiny, particularly regarding petitions and applications that involve foreign national employees.

The expansion of USCIS’s role signals a strong government focus on:

• Fraud prevention: detecting and prosecuting immigration fraud more efficiently;
• National security: addressing potential risks tied to immigration benefits;
• Public safety: strengthening oversight of employers and employees within the immigration system.

Key Compliance Implications for Employers

1. Heightened Fraud Detection
   Employers should be prepared for increased review of supporting documents submitted with petitions and applications.  Inaccuracies, inconsistencies, or incomplete information may trigger investigations.
2. Public Access Files (PAFs)
   H-1B employers are legally required to maintain accessible and up-to-date Public Access Files. USCIS special agents will likely scrutinize these records more closely.  Employers should conduct internal reviews now to confirm PAFs are accurate and compliant.
3. Form I-9 Compliance
   Employers must ensure Form I-9s are completed correctly, signed, and properly stored.  Internal audits are strongly advised to identify and correct deficiencies before they are discovered in a government investigation.
4. Site Visit Readiness
   Employers should train employees on how to respond if a USCIS special agent conducts a site visit. This includes:
   • Knowing who within the organization should be contacted immediately;
   • Understanding what information may and may not be shared; and
   • Having a clear protocol for verifying the credentials of officers.
5. Remote Employees
   Importantly, USCIS has confirmed that employees working remotely may also be subject to site visits.  Employers must prepare remote staff by providing clear instructions on how to respond if approached at home by a government officer.

What Employers Should Do Now

To prepare for these expanded enforcement authorities, employers should:

• Review and update compliance practices for Public Access Files and I-9 documentation;
• Conduct employee training sessions, including tailored guidance for remote staff;
• Establish a site visit response plan that designates points of contact and ensures employees know their rights and responsibilities;
• Schedule a compliance review call with legal counsel to assess vulnerabilities and develop proactive strategies.

Looking Ahead

The expansion of USCIS’s law enforcement authority represents a historic shift in how immigration compliance will be enforced.  Employers can expect more direct oversight and should act now to reduce risk.  By ensuring that records are accurate, employees are trained, and procedures are in place, organizations will be better positioned to handle the evolving enforcement landscape.

For questions about how this rule may affect your organization, or to schedule a compliance review, please contact our team.