Immigration Investigations & Compliance

Leading companies frequently draw on global talent to compete in the international marketplace, but this drive to attract, utilize and retain world-class talent can often be complicated by the United States government’s rigorous and evolving immigration compliance standards.

Akin’s Immigration Investigations & Compliance practice helps clients proactively address immigration issues, mitigate legal risk and respond effectively to government investigations. We combine deep legal knowledge with a strategic understanding of agency priorities and enforcement trends to deliver practical, forward-thinking counsel.

We advise employers, corporate counsel, human resource professionals and individual clients on the full spectrum of immigration compliance issues. Whether managing an internal I-9 audit, responding to a Department of Homeland Security (DHS) Notice of Inspection, or navigating the complexities of an ongoing immigration investigation, we provide clear, results-driven representation tailored to each client’s unique circumstances.

We work closely with companies in industries facing heightened immigration scrutiny—such as manufacturing, technology, finance and higher education—to ensure they understand their obligations and are well-prepared for compliance reviews or enforcement actions by agencies like the U.S. Department of Justice (DOJ), U.S. Immigration and Customs Enforcement (ICE), Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

Additional areas of elevated immigration enforcement risk include:

Multinational companies utilizing B-1 visas for workers to visit U.S. offices, even temporarily
Secondary inspection at ports of entry by U.S. Customs and Border Protection (CBP) of foreign-based employees and consultants traveling to the United States
Companies with a nexus to Canada, Mexico or China
Companies operating in advanced technology industries such as supercomputing, exascale computing, quantum computing, artificial intelligence, advanced manufacturing and biosciences
Industries such as construction and agriculture that have historically had relatively large numbers of undocumented or unauthorized workers

Clients choose Akin’s Immigration Investigations & Compliance practice because of the depth of our experience, government insight and commitment to results.

Our team includes nationally recognized business immigration law leaders who advise on the full range of immigration services, from employment-based and family-based petitions to I-9 compliance and advice on national origin discrimination provisions. We also provide assistance with visa issuance abroad and travel-related concerns.

Unlike many immigration practices, our team includes numerous former senior government officials from the key enforcement and regulatory agencies at the intersection of immigration and national security-related investigations, including the departments of Justice, Treasury (Office of Foreign Assets Control), Commerce (Bureau of Industry and Security), Homeland Security (CBP) and State (Directorate of Defense Trade Controls). This depth of experience enables us to manage complex business immigration issues that intertwine with regulatory investigations and enforcement.

Services In-Depth

Government Investigations

Akin’s Immigration Investigations & Compliance team advises clients across the full range of immigration-related compliance programs and government investigations, including:

Immigration Fraud Defense: We represent clients under investigation for alleged immigration-related fraud, including visa fraud and misrepresentations. We represent companies in both administrative and criminal investigations.

Worksite Compliance and Audits: We conduct internal audits of Form I-9 records and E-Verify procedures to identify and correct compliance gaps. We assist in implementing best practices to reduce liability exposure and ensure timely, lawful employment authorization verification.

ICE and DHS Investigations: In the event of a Notice of Inspection (NOI), we guide clients through every step of the government’s audit process. From preparing documentation and managing communications with agents to negotiating settlement terms and representing clients in administrative proceedings, we ensure our clients’ interests are protected.

Subpoenas and Investigative Demands: We assist businesses and individuals in responding to subpoenas, Civil Investigative Demands (CIDs) and requests from DOJ, DHS or ICE. Our attorneys are skilled in crafting strategic responses and limiting the scope of government inquiries where appropriate.

DOL and H-1B/LCA Investigations: Our team advises employers subject to Wage and Hour Division investigations related to Labor Condition Applications (LCAs) and H-1B visa compliance. We provide support during audits, wage disputes, and administrative litigation, ensuring employers meet their obligations under federal labor and immigration laws.

Policy Development and Training: We help clients develop internal compliance programs, immigration compliance policies, employee handbooks and standard operating procedures for immigration processes. We also offer customized training sessions for HR teams and management to stay informed of evolving legal requirements and risk areas.

Strategic Risk Management and Industry Insight

We emphasize a proactive approach to immigration compliance. The evolving immigration enforcement risk environment requires compliance personnel to update policies, proactively investigate potential violations, identify root causes, and implement corrective actions. Increasingly frequent whistleblower claims, employer sanctions and government coordination across agencies make such preventive legal strategies a necessity. We conduct risk assessments, help establish compliance controls, and advise on how to avoid red flags that commonly trigger investigations.

When enforcement is already underway, we move quickly and strategically. Our attorneys are experienced in managing parallel investigations, including those involving both civil and criminal dimensions. We coordinate with Akin’s white-collar criminal defense attorneys, manage privileged internal reviews, negotiate with government agencies and represent clients in agency interviews or hearings.

We also work with in-house legal teams to ensure our efforts align with broader legal and business strategies. Our collaborative, cross-functional approach ensures all legal and reputational risks are addressed comprehensively.

Industry-Focused Experience

Immigration compliance impacts industry sectors differently, and we tailor our services to industry-specific needs:

Manufacturing: We regularly handle DOJ investigations, ICE audits, B-1 visa compliance and worker misclassification risks that can expose employers to criminal liability and significant penalties.

Technology and Startups: We help high-growth companies avoid pitfalls when sponsoring foreign talent, including H-1B, L-1, TN, E-3 and O-1 visa compliance. We also advise on remote work implications and workforce restructurings resulting from mergers and acquisitions. We coordinate with Akin’s international trade attorneys to ensure compliance with export controls and sanctions laws.

Investment Funds: financial organizations face complex rules when sponsoring foreign workers. We help clients remain compliant with employment-based visa requirements, as well as PERM labor certifications, and DOL audits.

Education: We assist with compliance strategy related to student and scholar visa programs, including F-1 and J-1 visas, helping clients navigate complex issues like compensation to foreign student athletes for Name, Image and Likeness (NIL) opportunities.

Representative Work

Assisted a China-based manufacturer in a multi-year DOJ investigation into alleged immigration violations and fraud.
Conducted an internal review for a China-based technology company in response to increased law enforcement contacts at the U.S. border.
Developed policies and procedures for an Asian semiconductor manufacturer to address concerns about a sub-contractor’s use of undocumented workers.
Guided an internal investigation of a U.S.-Chinese joint venture’s immigration practices in light of potential whistleblower claims of improper use of visitor visas.
Investigated allegations that a U.S. Aerospace company discriminated against certain U.S. persons who were “protected individuals” during the hiring process.