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The immigration landscape for U.S. employers has shifted dramatically. The past six months alone have produced escalating enforcement activity, sweeping proposed changes to temporary visa categories, and reshaped adjudication standards — all while active litigation continues to alter the legal picture in real time. Below are five critical developments and recommended action items for each.

1. SURGE IN GOVERNMENT INVESTIGATIONS

Employer-facing immigration enforcement has reached levels not seen in recent memory. ICE’s rate of Notices of Inspection (NOIs) for I-9 audits has increased significantly, and DHS has broadly expanded the types of I-9 violations that can result in immediate fines.

The Department of Labor has suspended PERM labor certification processing for several major employers while also launching “Project Firewall,” which gives the Secretary of Labor broad discretion to target employers for H-1B compliance investigations.

The State Department’s Fraud Unit has also greatly expanded investigations of U.S. employers involving visa fraud at U.S. consulates.

What Employers Should Do:

  • Conduct audits of I-9s (including a review of audit-trail sufficiency for electronic platforms),  PERM audit files, and H-1B public access files.
  • Review PERM recruitment methodology and strategy to ensure compliance with current enforcement trends.
  • Establish a protocol for responding to government site visits or subpoenas.

2. PROPOSED CHANGES TO THE H-1B PROGRAM

The H-1B program faces its most significant restructuring in decades. On August 25, 2026, DHS proposed an additional $103,265 fee for cap-subject H-1B petitions — on top of the existing $100,000 Presidential Proclamation fee (currently subject to litigation; see Section 5 below).

In October 2026, DHS also proposed a regulation that would eliminate the 60-day grace period for H-1B (and other) workers whose employment is terminated. If finalized, the rule would effectively require departure from the country immediately upon termination, without an opportunity to seek new employment or change immigration status.

What Employers Should Do:

  • Begin assembling your H-1B cap list earlier than usual (i.e., now) and assess wage-level classifications in light of the weighted lottery.
  • Model the financial impact of potential cumulative fees on your H-1B budget and determine company policy should the fees take effect this cap season despite potential litigation.
Continue Reading Five Immigration Developments That Will Define Employer Compliance in 2026

We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Asia Pacific, Canada, Philippines, Singapore, South Africa, the United Kingdom, and the United States.

Click here to view.

  • An overview of key global immigration and mobility issues to consider related to immigration, employment, compensation
…

Immigration authorities across APAC are stepping up enforcement activity, with employers increasingly facing unannounced inspections and on‑site investigations. Our Global Immigration and Mobility attorneys examine the trends driving increased immigration authority activity in the region, with a particular focus on Malaysia and Vietnam. The panel discusses how these enforcement actions typically unfold, common triggers, potential…

ICE, in a “fact sheet” available on its website, has made a significant change to the way it conducts I-9 audits. Specifically, ICE has broadened what it considers to be a “substantive” violation on an I-9. This change is likely to increase the financial penalties employers face during an audit, impacting all employers (including those who have already conducted an internal audit). This change to ICE’s protocol may signal increased enforcement in the coming weeks and months. 

Key Takeaways

In response to this change, employers should: 

  • Conduct an I-9 audit to determine potential penalties under the new guidelines and determine which, if any, substantive errors can be rehabilitated.
  • Conduct internal training to ensure the company has an established I-9 protocol and team to ensure the process is being completed accurately and in a timely manner.
  • Create a protocol for the handling of I-9 audits at the worksite should ICE issue a subpoena.

In more detail

The Immigration Reform and Control Act (IRCA), enacted on November 6, 1986, requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations. During an I-9 audit, ICE reviews the accuracy and completeness of an employer’s I-9s to determine the volume of: (i) missing I-9s; (ii) technical violations; and (iii) substantive violations. ICE must permit employers to correct technical violations before issuing a fine; a substantive violation is cause for a fine without opportunity for rehabilitation. Fines range from $288 to $2,861 per I-9 violation.

Continue Reading Changes to I-9 Penalties Increase Employer Liability

The Trump Administration recently announced wide-ranging immigration policy changes that directly impact most employer-sponsored visa holders. While each update may seem minor or only pertinent to specific cases, they amount to notable changes when viewed collectively. The latest developments highlight the critical importance of staying informed of immigration changes and reviewing internal practices to ensure immigration compliance. Below is a summary of changes most likely to impact companies and their visa-holding employees. 

1. H-1B visa stamping now requires social media vetting, causing significant delays and appointment cancellations in India

  • All H-1B and H-4 visa applicants are subject to mandatory social media vetting, requiring that applicants set their social media profiles to public. This is an expansion of the social media vetting announced earlier in the year for student visa applicants.
  • This change in policy does not impact USCIS filings and only applies to applicants for visa stamps at US Embassies or Consulates outside of the United States.
  • There have been widespread reports of H-1B visa appointments being cancelled and rescheduled due to the change in policy, particularly in India.

Key Takeaway   

Employers and employees should be prepared for H-1B and H-4 visa stamping to take longer due to this new process. Employers should know their visa population including H-1B (and H-4) employees who will travel for visa stamping given the possibility of cancellation and/or delay. Employers should have clear policy guidelines regarding remote work and consider contingency plans due to an employee’s extended absence abroad.  

Continue Reading US Immigration Update: What Employers Should Know About Immigration Changes in Q4

We are pleased to share with you The Global Employer – Global Immigration & Mobility Quarterly Update, a collection of key updates from Brazil, Italy, Philippines, Singapore, South Africa, the United Kingdom and the United States.

Click here to view.

On October 20, 2025, US Citizenship and Immigration Services (USCIS) issued guidance on the Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which imposed an additional $100,000 payment as a prerequisite for certain new H-1B Petitions filed on or after 12:01AM Eastern on September 21, 2025.

For more details, refer to our September…

On Friday, September 19, President Trump issued a proclamation announcing the Gold Card program to facilitate the entry of people who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the United States (The Gold Card – The White House).