From USCIS to ICE: Immigration Enforcement Is Heating Up for Employers

Over a short two-week period beginning December 22, 2025, the U.S. immigration landscape has undergone a series of notable policy adjustments, alongside a visible increase in Immigration and Customs Enforcement (ICE) activity across multiple states. Although these developments span both policy formulation and enforcement execution, they point in the same direction: federal immigration oversight is tightening and becoming more coordinated.

For employers that rely on foreign national talent, this trend signals rising compliance obligations, increased employment-related costs, and growing uncertainty in workforce planning.

If you or your organization have questions regarding immigration compliance, visa planning, or work authorization issues, please contact the ILS Immigration Team at contact@consultils.com for tailored legal guidance.

1. ICE Year-End Assessment Signals a Shift in Enforcement Strategy

On December 22, 2025, U.S. Citizenship and Immigration Services (USCIS) released its annual assessment summarizing the government’s priorities over the past year in immigration adjudication, fraud prevention, and enforcement coordination. The report reflects a clear shift away from reactive case-by-case adjudication toward earlier screening, ongoing monitoring, and closer coordination with enforcement agencies.

Key enforcement trends highlighted in the assessment include:

• More frequent status verification, driven by shortened validity periods for certain Employment Authorization Documents (EADs) and the elimination of automatic extensions;

• Expanded investigations into misrepresentation, incorrect status filings, and program abuse;

• Stronger coordination with ICE, with cases involving serious compliance concerns more likely to be referred for enforcement action.

Taken together, these developments underscore that immigration compliance is increasingly being treated as part of broader public safety and national security priorities.

This enforcement posture was further reinforced by ICE actions carried out in Minnesota on January 9, 2026. Despite Minnesota’s reputation as a relatively immigrant-friendly state, the operation demonstrated that federal immigration enforcement is not constrained by state-level policy environments and is instead moving toward more uniform nationwide standards.

Employer Impact：

• Immigration enforcement is no longer region-specific. Employers may face federal scrutiny regardless of the state in which they operate.

• Compliance risk is shifting from individual employees to organizational systems, making enterprise-wide management practices increasingly important.

• USCIS and ICE coordination increases exposure, meaning irregularities identified during adjudication are more likely to escalate into enforcement matters.

In this environment, immigration compliance is no longer a narrow HR task—it has become a core component of enterprise risk management.

Employer Action Guide：

• Track foreign national employees’ immigration status, visas, and work authorization on an ongoing basis, not only at onboarding;

• Strengthen I-9 and immigration document retention systems to ensure accuracy and traceability;

• Assess immigration implications before making changes to job duties, work locations, or compensation;

• Establish internal protocols for responding to ICE or other enforcement inquiries;

• Integrate immigration compliance into regular employment and compliance risk assessments.

2. USCIS Raises Premium Processing Fees

On January 9, USCIS increased premium processing fees for several employment-based immigration filings. This change directly raises the cost of employing foreign nationals and further magnifies the importance of immigration timing in business continuity planning.

Affected filings include:

Form	Previous Fee	New Fee
Form I-129 H-1B、L、O、TN、E-2 / E-3	$2,805	$2,965
Form I-140 EB-1、EB-2（含 NIW）、EB-3	$2,805	$2,965
Form I-765 OPT、STEM OPT	$1,685	$1,780
Form I-539 F、J、M	$1,965	$2,075

Employer Impact：

1. Direct employment costs continue to rise, especially for companies using H-1B, L, O, or employment-based green card programs;

2. Premium processing becomes more strategically important to ensure timely onboarding and continued work authorization;

3. Processing delays pose greater operational risks to hiring timelines and project planning.

Employer Action Guide：

• Incorporate immigration filing costs into annual HR and compliance budgets;

• Evaluate premium processing needs early for key roles;

• Align visa timelines with workforce and project planning;

• Coordinate filings strategically to reduce fragmented submissions and volatility.

3. Form I-765 Update: Version Compliance Tightens

On January 5, 2026, USCIS released an updated version of Form I-765 (08/21/2025 edition). While eligibility requirements remain unchanged, version compliance rules have tightened, increasing rejection risks for incorrect submissions.

Key Timeline：

• Until March 5, 2026: old and new versions accepted;

• After March 5, 2026: only the 08/21/2025 version accepted.

Key Changes：

• Incorrect versions will be rejected outright, without substantive review;

• Rejected filings may lose original filing dates, requiring re-submission.

Employer Impact：

• OPT and STEM OPT employees face increased risk of work authorization gaps due to technical errors;

• Delays directly affect lawful work status and I-9 compliance;

• HR responsibility for version tracking and deadline management increases significantly

4. Ongoing Expansion of Social Media Review in Visa Processing

The U.S. Department of State continues to intensify review of applicants’ online presence during visa adjudications. While not a new fee or requirement, this review focuses on consistency between publicly available social media content and visa application materials.

Common areas of review include:

• Consistency of education, employment history, and employer information;

• Activities inconsistent with visa status;

• Public content raising security or credibility concerns.

Possible outcomes:

• Increased administrative processing and longer adjudication timelines;

• Requests for explanation or additional documentation;

• Visa refusals or future application impacts in cases of unresolved inconsistencies.

Employer Impact：

• Visa cases may more often move into “administrative processing,” which can make return-to-the-U.S. timelines less predictable and increase uncertainty around entry and re-entry dates.

• Cross-border travel and return-to-work planning will become harder for foreign national employees, especially when visa interview timing and processing outcomes cannot be confidently forecast.

• Inconsistencies in an employee’s personal information (including discrepancies between public-facing information and application materials) may indirectly affect an employer’s staffing plans, onboarding schedules, and workforce continuity.

Employer Action Guide:

• Include clear guidance in visa and travel instructions reminding employees to ensure their public information aligns with their visa application materials.

• Build reasonable buffer time into return-to-work planning for key employees, particularly where visa stamping or re-entry is required.

• Factor potential visa processing delays into business planning, including project staffing, travel schedules, and critical role coverage.

5. H-1B Weighted Selection Rule Takes Effect

On December 27, 2025, the Department of Homeland Security issued the final rule implementing a weighted selection system for H-1B visas. The rule is scheduled to take effect on February 27, 2026, and will apply to the FY 2027 H-1B cap season.

Under the new framework, selection will prioritize higher-skilled and higher-paid positions, shifting away from the traditional random lottery. DHS data indicates significant differentiation in selection rates by wage level:

• Level I: ~15.3%

• Level III: ~45.9%

• Level IV: ~61.2%

This marks a sharp departure from the roughly uniform 29.6% selection rate under the previous lottery system.

Employer Impact:

• Competition shifts from volume-based filings to position quality;

• Salary levels and job specialization become central to selection outcomes;

• Cost-driven, low-wage H-1B strategies face increased uncertainty.

Employer Action Guide:

• Evaluate job requirements and wage structures early in planning;

• Treat H-1B strategy as part of long-term workforce planning, not short-term fixes;

• Ensure job descriptions, compensation levels, and business necessity are clearly supported.

ILS previously analyzed the draft rule in September 2025. The final rule largely confirms the framework outlined at that time. Click the link to read more.

Conclusion

Since December 22, 2025, a series of coordinated policy and enforcement developments indicate that U.S. immigration oversight is entering a new phase—more detailed review, higher standards, and more proactive enforcement.

For employers, success in this environment will depend on early planning, systematized compliance, and continuous risk assessment. Organizations should review foreign national employment structures holistically and seek professional guidance where appropriate to navigate an increasingly complex immigration landscape.

For further assistance with immigration compliance, visa strategy, or workforce planning, please contact the ILS Immigration Team at contact@consultils.com.

Disclaimer：This article is based on the latest policy information as of January 12, 2026. Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949