How Employers Should Handle an ICE or FDNS Visit: Key Steps for Compliance

As immigration enforcement continues to evolve under shifting federal policies, worksite visits by government agencies are becoming increasingly common. Employers—especially those sponsoring foreign workers—must be prepared for unannounced visits from U.S. Immigration and Customs Enforcement (ICE) or the Fraud Detection and National Security Directorate (FDNS). 

At VKM Law Group, we counsel businesses across New Jersey and nationwide on how to maintain compliance and protect their workforce. Here’s what every employer needs to know. 

 

1. Designate a Company Representative for Immigration Visits

Preparation starts before an enforcement visit occurs. Every employer should appoint a specific person to act as the point of contact during any ICE or FDNS visit. This individual should: 

• Understand immigration compliance procedures.
   

• Have the authority to interact with federal agents on behalf of the company.
   

• Be trained to recognize different types of enforcement actions.
   

All receptionists, HR staff, and team leaders should be trained to direct officers to this designated representative without delay. 

 

2. Identify the Purpose of the Visit

It’s essential to understand why ICE or FDNS is on-site. Common reasons include: 

• I-9 Audits: ICE may request Form I-9 records to verify employment eligibility. Employers must receive at least three business days’ notice before submitting documentation.
   

• FDNS Site Visits: Typically occur for H-1B, L-1, or other visa compliance reviews. Officers may verify job duties, wages, and work locations.
   

• Enforcement Actions: ICE may arrive unannounced with arrest or search warrants.
   

• Ongoing Investigations: Officers may be investigating immigration fraud or looking to detain specific individuals.
   

Understanding the scope of the visit determines your response obligations. 

 

3. Know Your Legal Rights and Limits

Employers must comply with valid judicial warrants, but also have the right to protect private business areas from unauthorized access: 

• Judicial Warrants: Signed by a judge. Must be followed.
   

• Administrative Warrants: Often issued by DHS or ICE without court approval. These do not authorize access to non-public areas or records without consent.
   

🔍 Always review any warrant presented and consult legal counsel before providing documents or allowing access. 

 

4. Document Everything During the Visit

Detailed records can protect your business later. Designate someone to: 

• Record names and badge numbers of agents.
   

• Track employee interactions and what was asked or said.
   

• Make copies of all documentation exchanged.
   

• Note any searches conducted or items taken.
   

This documentation should be securely preserved and shared with legal counsel. 

 

5. Contact Legal Counsel Immediately

Your first call should be to your immigration attorney. If an attorney is not immediately available: 

• Politely inform officers that the company is seeking legal guidance.
   

• Avoid making any statements or signing anything until counsel reviews the documents.
   

• Share all visit documentation with your attorney afterward.
   

VKM Law Group offers rapid-response counsel for enforcement situations across New Jersey and beyond. 

 

Proactive Steps for Future Compliance 

Immigration site visits are disruptive—but preventable issues can be minimized with preparation. We recommend: 

• ✅ Conducting internal I-9 audits.
   

• ✅ Training HR and leadership staff on ICE/FDNS protocols.
   

• ✅ Creating a written enforcement response plan.
   

• ✅ Reviewing H-1B, L-1, and O-1 visa files for consistency.
   

• ✅ Consulting regularly with immigration counsel to remain audit-ready.
   

 

How VKM Law Group Can Help 

At VKM Law Group, we support employers in creating robust compliance systems. Our services include: 

• ⚖️ Legal representation during ICE or FDNS enforcement actions.
   

• 📋 Comprehensive I-9 and visa compliance audits.
   

• 🧑‍🏫 Onsite and virtual training for HR teams.
   

• 📝 Policy development for handling enforcement visits.
   

We’re your proactive partners in employment-based immigration compliance. 

 

Final Thoughts 

ICE and FDNS visits are serious—and how you respond could determine whether your business faces penalties or stays protected. With a trusted legal team, documented procedures, and trained personnel, you can approach these visits with confidence. 

📞 Contact VKM Law Group today to develop your immigration enforcement response strategy.