Government Worksite Raids, I-9 Audits & ICE Actions: Legal Strategies to Protect Employers and Navigate Enforcement Risks

Jonathan Grode | Green and Spiegel LLC

Jonathan Grode serves as the U.S. Practice Director and Managing Partner for Green and Spiegel. Jonathan has worked continuously in the U.S. business immigration law field since 1999 and has amassed considerable experience obtaining nonimmigrant and immigrant visas for new company start-ups, professional workers, artists and entertainers, athletes, physicians, and scientific researchers. In addition, Jonathan has significant experience dealing with Department of Labor and Department of Homeland Security enforcement actions as well as immigration related aspects of Mergers and Acquisitions.

Jonathan has been a panelist and moderator on immigration law topics for numerous organizations, including the American Bar Association, Greater Philadelphia Chamber of Commerce, French Chamber for Commerce and Industry (Paris, France), and the American Immigration Lawyers Association. He also writes regularly for industry publications and academic journals. In addition, Jonathan is an Adjunct Faculty at Temple University’s Beasley School of Law where he teaches Business Immigration Law, Advising Global Corporations, and Law Practice Management. In 2020, Jonathan Grode was named Adjunct Faculty of the Year by Temple University.

Notably, Jonathan has been listed as one of SuperLawyers Rising Stars from 2012-2019 and since 2020 continuously been named a Super Lawyer. He has also been honored with the 2014 Pennsylvania Bar Association Special Achievement Award for “Dedication and Commitment to the High School Mock Trial Competition”, for which he has served as Lead Author since 2007. Jonathan was also the recipient of Lexology’s Client Choice Award in 2019 and was named in the 2020 and 2023 Edition of The Best Lawyers in America. Jonathan graduated first in his class from Temple University Beasley School of Law in 2008.

John Mazzeo | Vertical Screen, Inc.

John Mazzeo’s distinguished career spans critical roles and contributions to the immigration compliance sector, highlighted by his tenure at DHS-ICE and his proactive engagement with the legal community. He currently serves as Senior Director, Associate General Counsel with i9Succes, a Vertical Screen company. Prior to joining i9Success, John served as Assistant Chief Counsel, Office of the Principal Legal Advisor, DHS-ICE in Philadelphia. He is a member of the Association of Corporate Counsel and the American Immigration Lawyers Association, where he serves as the Vice Chair of the Verification and Documentation Liaison Committee.

Kate Kalmykov | Greenberg Traurig, LLP

Kate Kalmykov is based in our New York and New Jersey offices and has close to two decades of experience in business immigration matters. Kate currently Co-Chairs the Global Immigration & Compliance Practice at Greenberg Traurig. In this role, she works with employers of all sizes across a variety of industries in understanding and complying with the immigration laws relating to the hiring and retention of foreign talent. Specifically, her practice focuses on supporting clients and advising them on temporary and permanent residency immigration options for multi-national executive, business, scientific, and information technology personnel. In addition, her practice provides support to companies in the global transfer of personnel.

Known by her clients for her out-of-the-box thinking, responsiveness and hands-on approach, Kate is often called upon to assist in developing immigration options and strategies in the most unique circumstances and to respond to complex Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) or to appeal denied cases. Likewise, she has also been instrumental in developing employer compliance programs for DOL related filings including H-1Bs and PERMs, as well as for I-9 employment eligibility verification. To this end, she develops and conducts nationwide I-9 compliance trainings and policy manuals for human resources personnel, advises on best practices for E-Verify employers, provides guidance on avoiding immigration-related unfair employment practices claims and has defended and minimized penalties in immigration-related government audits. Kate regularly works with professionals from the firm’s labor, employment, tax and benefits groups, to provide strategic planning on immigration issues within a cross-border framework.

Kate also has deep experience working on all aspects of the EB-5 immigrant investor program. Kate has worked with real estate developers, private equity funds, and other organizations on applications to designate new EB-5 Regional Centers, applications for pre-approval of EB-5 projects; having projects adopted by existing EB-5 Regional Centers; structuring projects to be EB-5 compliant, the sale of existing EB-5 Regional Centers, preparing template I-526 petitions and advice on structuring direct EB-5 projects. Pursuant to the requirements introduced under the EB-5 Reform and Integrity Act, Kate works with EB-5 Regional Centers, EB-5 Projects, Overseas Migration Agents and Broker/ Dealers to develop internal programs for ongoing compliance and to prepare USCIS I-956, I-956F, I-956G, I-956H, I-956K submissions. Kate has represented thousands of investors in obtaining their green cards through EB-5 regional center projects, as well as direct EB-5 investment opportunities. She also represented and structured the largest EB-5 offering in the Program’s history and has over the course of her career structured over $12 billion in EB-5 deals.

Within the field of immigration law, Kate is a well-known speaker and author. She is often called upon by various media outlets to comment on topics of business immigration law including the Real Deal, the Wall Street Journal, and Law360. Kate has appeared on numerous TV programs related to immigration law including CNN, the Stoler Report, Vietface TV, and China Business Network. Kate is also a prolific writer on the topic of immigration and has been published in immigration practice handbooks for the American Bar Association, American Immigration Lawyers Association, ILW, and in news periodicals that include the New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and the Commercial Observer. At the request of the American Bar Association, Kate co-authored the book “What Every Lawyer Needs to Know About Immigration Law,” a guide for non-lawyers on immigration law practice. She has sat on numerous bar association related committees including the American Immigration Lawyers Association EB-5 Practice Committee, the New Jersey Business Immigration Coalition and has chaired the American Bar Association’s, Committee on Immigration and Naturalization, Section of Administrative Law since 2011. Kate has been recognized in various legal surveys including Chambers Global, New York Super Lawyers, the New Jersey Law Journal who ranked her as a “New Leader of the Bar,” (formerly 40 under 40) in 2012, NJBIZ “Best 50 Women in Business,” 2019, National Law Review, “Go-To Thought Leader: Immigration Law,” 2022, and Lawdragon 500, Leading U.S. Corporate Employment Lawyers, 2020-2022.

Kate is devoted to pro bono matters and has spent extensive time helping clients fleeing conflict and persecution with asylum applications, applying for and obtaining Temporary Protected Status and Humanitarian Parole.

Session I – Understanding Government Worksite Visits and Legal Authority | 11:00am – 12:00pm

• I-9 audits by Homeland Security Investigations (HSI)
• Fraud Detection and National Security (FDNS) site visits
• STEM OPT audits by ICE
• Unannounced ICE worksite raids
• Subpoenas vs. warrants: What employers must know
• Differences between administrative and judicial orders

Break | 12:00pm – 12:10pm

Session II – Beyond the Checklist: Strategic readiness for worksite compliance | 12:10pm – 1:10pm

• Conducting internal I-9 and LCA audits
• Training key personnel and frontline staff
• Creating a worksite visit protocol & emergency contact plan
• Proper storage and access of visa and employment documents

Break | 1:10pm – 1:20pm

Session III – What to Do During and After a Worksite Visit | 1:20pm – 2:20pm

• Step-by-step protocol during a visit
• Roles of designated points of contact
• Do’s and don’ts when dealing with investigators
• Handling requests for information and interviews
• Post-visit documentation, debriefing, and follow-up with legal counsel