Attorney Insight
A recent enforcement campaign by U.S. Immigration and Customs Enforcement (ICE) targeted individuals convicted of serious crimes including murder, sexual offenses, and drug trafficking during National Crime Victims Week. From our experience, such ICE actions highlight the ongoing strict scrutiny on criminal backgrounds in immigration adjudications, especially for categories like L-1 intracompany transferees and EB-1C multinational managers, where good moral character and admissibility are critical.

One of our clients, a Chinese multinational executive applying for EB-1C, faced an unexpected background check delay because of an old minor traffic violation that was not properly disclosed. Although not a serious crime, it caused USCIS to issue a Request for Evidence (RFE) on admissibility grounds under 8 CFR § 214.2(l). This case underlines the importance of comprehensive self-audits and full disclosure to avoid delays or denials.

Attorney Insight
From a legal perspective, INA §212(a)(2) strictly bars applicants with certain criminal convictions from admission. While ICE focuses on serious offenders, USCIS will carefully review all criminal records during visa and adjustment of status adjudications. For business executives and investors, any criminal issue can jeopardize their immigration benefits and future petitions. We recommend clients obtain certified police certificates and conduct background checks well before filing.

Additionally, ICE’s enforcement emphasis reminds employers and corporate sponsors to maintain thorough compliance with I-9 employment verification and to avoid hiring individuals with unresolved criminal issues. For L-1 and H-1B employers, this reduces risks of future complications. We advise HR departments to review employee records and cooperate proactively with legal counsel.

Practically, we suggest two immediate action items: First, all clients preparing for L-1, EB-1C, or EB-5 filings should request a comprehensive criminal background check from a credible provider and review the results with their immigration attorney. Second, companies should audit their HR compliance protocols concerning employee screening and recordkeeping to prevent inadvertent issues during USCIS or ICE reviews.

Attorney Insight
In summary, while ICE’s current focus is on serious criminals, the ripple effect for immigration applicants is clear: maintaining clean records and compliance is essential. According to 8 CFR §214.2(h)(4)(iii)(A), any material misrepresentation or concealment related to criminal history can lead to denials or revocations. Our experience shows that early, proactive diligence can save months of delays and substantial legal fees.

What this means for you: If you or your company is preparing an immigration filing, now is the time to verify all criminal and compliance records. Taking these steps early improves your chances for a smooth adjudication and helps avoid surprises caused by ICE enforcement trends. We stand ready to assist with tailored background reviews and compliance advice.