Overview

Foreign nationals working in the United States in temporary status—such as H-1B, L-1, O-1, TN, E-3, H-2B, J-1, or F-1 OPT/STEM OPT—may understandably feel anxious about recent immigration enforcement activity.

Even when you are lawfully present and fully compliant with U.S. immigration rules, an unexpected interaction with Immigration and Customs Enforcement (ICE) can be stressful and confusing.

This guidance is intended to help foreign nationals stay calm, avoid misunderstandings, and protect themselves in the moment if approached by ICE while in the U.S.

First: The Basics

If you are in the U.S. on a temporary work visa, you generally have the right to remain in the U.S. only if you are maintaining your status. That typically means you entered the U.S. lawfully, are working only as authorized, have valid status (or a pending filing that may protect your stay), and have not violated the terms of admission.

If you are compliant, you can confidently state that you are in lawful status and have followed U.S. immigration requirements.

Why These Encounters Can Happen

Not every ICE interaction means someone has done something wrong. Encounters can occur in a range of situations, including at or near workplaces, during travel, near courthouses or government buildings, or during routine law enforcement interactions.

Regardless of the setting, the most important goals are to stay safe, prevent escalation, and avoid giving incorrect information under pressure.

Top Recommendations If You Encounter ICE

Below are general recommendations on how to respond if approached by ICE while in the U.S. in temporary status:

1) Stay calm and respectful.

• Keep your hands visible.
• Speak clearly and politely.
• Do not argue.
• Avoid sudden movements that could be misinterpreted as hostile.

2) Carry valid identification and status documentation at all times  (and provide it if asked).

• Carry your passport or government ID.
• Carry proof of lawful entry/status when available (e.g., I-94 record, visa stamp).
• Depending on your status, other helpful documents may also include an Employment Authorization Document (EAD), an I-797 approval notice, DS-2019 (J-1), or I-20 (F-1 OPT/STEM OPT).

3) Ask: “Am I free to leave?”

• This helps clarify whether you are being detained.
• If the officer says yes, you may choose to leave.
• If the officer says no, you are being detained.

4) If you are being detained, you may choose not to answer questions.

• You can politely say: “I am choosing to remain silent.”
• Or: “I would like to speak with a lawyer.”
• Always remain respectful.

5) Do not sign anything you do not fully understand

• Ask for time to read the document.
• Ask to speak with a lawyer before signing.
• You can say: “I do not understand this document. I want to speak with a lawyer.”

If You Are Detained: Know Who to Contact Immediately

• Ask: “Can I call my employer?”
• Ask: “Can I call my lawyer?”
• Ask: “Can I contact my embassy/consulate?”
• Try to remember key details such as the location, time, and the officer’s name/badge number (if visible).

Special Reminder for Temporary Workers: Employment Status Matters

Temporary work visa holders may be asked questions related to whether they are maintaining status (for example, who your employer is, where you work, and what you do). Because employment is often tied directly to lawful status, it is important that foreign nationals and employers ensure immigration records are accurate and up to date—especially after changes such as worksite changes, job duty changes, reduced hours or unpaid leave, or termination/resignation.

If you are unsure whether a change could impact status, consult your Meltzer Hellrung attorney.

How Meltzer Hellrung Can Assist

Meltzer Hellrung regularly advises employers and foreign nationals on maintaining lawful nonimmigrant status and navigating immigration compliance issues that can arise during travel, worksite changes, and government interactions. If you or your employer have questions about your current status, documentation, or next steps after an ICE encounter, our team can provide guidance tailored to your situation.  Please contact your Meltzer Hellrung attorney if you have specific questions and would like further information.

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