United States: Mobility – 2025 Highlights and 2026 Outlook

This year has seen sweeping developments in immigration enforcement and policy in the United States for employers and, significantly, has given us an insight into the many changes and likely challenges ahead. This article outlines the key highlights from 2025 and looks ahead to 2026.

2025: Highlights

1. Worksite Enforcement: Immigration worksite enforcement has become a high-stakes political and economic issue, marked by a surge in multi-agency investigations, coordinated raids, and highly publicized enforcement actions and settlements. Employers are reassessing compliance measures due to a zero-tolerance posture that heightens legal exposure, audit and raid risk, and reputational concerns.

2. H-1B Program: The H-1B program is undergoing significant changes: a Presidential Proclamation introduced a new $100,000 fee for certain initial H-1B petitions, and a proposed rule by the Department of Homeland Security (DHS) would overhaul the annual H-1B selection process by prioritizing registrations based on wage level rather than a random-selection lottery.

3. Project Firewall: The Labor Department has launched Project Firewall, an H-1B enforcement initiative increasing scrutiny of the H-1B visa program through employer audits and investigations.

4. Fixed Admission Periods: DHS has proposed a rule replacing duration of status (D/S) and setting a fixed admission period—either two or four years—for individuals entering the United States on F student or J exchange visitor visas. Under the proposed rule, “I” media representatives would be admitted for a fixed period of 240 days.

5. Elimination of Automatic Work Authorization: DHS has issued a final rule eliminating the automatic extension of employment authorization documents (EADs) for renewal applications in multiple categories filed on or after October 30, 2025. DHS also terminated several humanitarian programs and TPS (temporary protected status) designations, impacting work authorization for these individuals and their employers.

2026: Outlook

1. Rise in Immigration Enforcement: The White House and DHS will continue to focus on immigration enforcement. Expect increased resources for all aspects of worksite enforcement activities, including audits and investigations of Form I-9 records (employment verification), site visits and raids, and expedited removal operations. Under H.R. 1 (The One Big Beautiful Bill Act), DHS received approximately $190 billion in funding. Of this, $75 billion was directed to Immigration and Customs Enforcement (ICE) to expand interior enforcement capabilities—underscoring that worksite enforcement will escalate significantly.

2. Artificial Intelligence (AI) Integration: Artificial intelligence is now firmly embedded in the US immigration system. AI does not necessarily replace human decision-making, but it has expanded the way agencies screen, assess, and prioritize cases. The shift is unmistakably directional: the US government is moving from a transactional model to a more holistic one, where digital intelligence enables continuous assessment, pattern recognition, and strategic decision-making across agencies.

3. Legal Shifts: With sweeping policy proposals and rulemaking underway, expect increased legal challenges, injunctions, and delays that heighten uncertainty. Employers should plan for shifting timelines and be prepared to adjust strategies as rules are tested in the courts. In this environment, proactive planning, strategic workforce forecasting, and early legal alignment are essential—so that employers are not simply reacting to change, but rather anticipating it and shaping strategy around it with foresight.

4. Enhanced Scrutiny for Employment-Based Categories: DHS intends to tighten eligibility standards for employment-based categories including nonimmigrant H-1B and L-1 categories, as well as green cards, particularly in the first and second preference categories. Beneficiaries may face higher evidentiary burdens, and sponsoring employers should anticipate heightened scrutiny and possibly longer adjudication timelines.

5. Increased Screening and Vetting: We expect heightened scrutiny across all visa categories, possibly resulting in the following: an increase in Requests for Evidence, expanded mandatory interviews for both initial and renewal filings, more robust background checks, and a higher rate of denials. For employers, immigration strategy should be treated as an integrated workforce planning function—built with lead time, documentation rigor, and expectation management at the outset.

6. Changes Across Other Pathways: Beyond employment-based pathways, other categories are also expected to be impacted. This includes increased oversight of student work authorization (Optional Practical Training and Curriculum Practical Training) and closer scrutiny of status maintenance for international students. In addition, humanitarian pathways are expected to narrow, with more restrictive eligibility criteria and more limited use of these programs moving forward.

7. Fee Increases: New fees and potential increased fees will impact companies and candidates, from the $100,000 H-1B fee to the $250 “Visa Integrity Fee” for nonimmigrant visa applicants, among others.

The return of the Trump Administration in 2025 has signalled a more restrictive immigration environment. Businesses have faced heightened scrutiny, tighter regulations, and more assertive enforcement—trends that are poised to continue, if not intensify, in 2026. Proactive compliance, rigorous record-keeping, and strategic workforce planning will remain essential to mitigating risk and maintaining operational continuity in this constantly evolving landscape.