Recent cases of foreign nationals holding legal visas and working or residing in the United States being briefly detained by immigration enforcement agencies have sparked concerns among the overseas Chinese and business communities.
As Taiwanese companies expand their investments in the United States and technology professionals enter the American market, immigration law experts warn that having a valid visa does not guarantee immunity from scrutiny. Non-U.S. citizens living, working, or conducting business in the U.S. still need to have a clear understanding of the regulations governing their status and the risks of enforcement.
Immigration lawyer Chen Qigeng stated that under U.S. law, even with valid visas or legal residency status, non-U.S. citizens may still be subject to identity checks by law enforcement or authorized federal agencies under specific circumstances. Such checks do not necessarily indicate wrongdoing by the individuals but are part of due process. However, discrepancies in identity, actions beyond approved scope, or involvement in other legal issues during the check may lead to immigration enforcement consequences.
In recent years, driven by industries such as semiconductors, electronics, artificial intelligence (AI), and advanced manufacturing, many small and medium-sized Taiwanese tech companies and professional talents have established operations, worked, or been temporarily stationed in the U.S. Common statuses utilized include work visas, intra-company transfer visas, investment or entrepreneurship-related visas. Chen Qigeng specifically cautioned the public that U.S. immigration law scrutiny focuses not only on visa validity but also on whether activities align with the permitted scope of the respective status.
For instance, holders of work visas can only provide services for the approved employer and are prohibited from holding side jobs or working for related companies privately. Business owners or entrepreneurs must operate according to the approved company structure and job responsibilities to avoid discrepancies. Students or exchange visitors must also take care not to engage in unauthorized work activities. Violations of these regulations, despite visas appearing valid, may be deemed as status violations.
Concerns have risen among the public about direct arrests by immigration enforcement agencies. Chen Qigeng emphasized that unless one is a U.S. citizen, any non-citizen involved in criminal cases or major immigration violations may face detention, referral to immigration courts, and risks affecting future entry or status changes. Even permanent residents (green card holders) are not entirely exempt from immigration consequences when involved in specific criminal cases or major violations.
In practical terms, Chen Qigeng advised Taiwanese businesspeople and tech professionals working in the U.S. to always be able to reasonably prove their legal residency status. While the law does not necessitate carrying original passports, individuals can store images of passports, visa pages, I-94 entry records, work permits, or relevant approval documents on their phones or keep them ready in their cars or residences for quick verification when necessary.
Additionally, Chen Qigeng stressed the importance of remaining calm and cooperative when faced with law enforcement checks, responding clearly to basic identity questions to avoid emotional reactions or unnecessary conflicts. Most checks are routine procedures and usually do not escalate if identity confirmation goes smoothly.
Regarding recent immigration enforcement news in the U.S., Chen Qigeng believes that it reflects a tightening immigration enforcement environment rather than targeting specific ethnic groups. For Taiwanese companies and professionals actively expanding into the American market, besides assessing business and technological risks, equal attention should be given to individual and company-level immigration compliance planning to ensure stable development in the U.S. market. ◇