As 2026 begins, many U.S. employers are entering a more demanding immigration environment—one shaped by tighter review standards, higher costs, and increased enforcement activity. For companies relying on foreign national talent, the best approach this year is early planning and stronger internal coordination between HR, recruiting, and legal teams.
Below are key trends employers should be aware of, along with practical steps to reduce disruption.
1) More enforcement attention on hiring and workplace practices
Government enforcement priorities are expected to focus not only on immigration compliance, but also on workplace practices that may affect U.S. workers. Employers should expect closer review of how hiring decisions are made, how recruiting is documented, and whether job practices are consistent across U.S. and foreign national candidates.
Practical step: Review job postings, screening criteria, and interview documentation to ensure procedures are consistent and non-discriminatory.
2) PERM labor certifications may face tougher scrutiny
PERM continues to be a high-risk area because it requires employers to demonstrate that no qualified U.S. workers are available for the sponsored position. Employers should be prepared for increased scrutiny of recruitment steps and whether the PERM role was handled like other open positions.
Practical step: Align PERM recruitment with normal recruiting processes as much as possible, and train recruiting teams on what can create avoidable risk.
3) H-1B selection and costs may look very different
Employers should plan for meaningful H-1B changes, including a proposed lottery system that could favor higher-wage positions and potential additional government fees for certain cases. These developments may affect budgeting, compensation planning, and hiring timelines for 2026 and beyond.
Practical step: For roles intended for H-1B sponsorship, plan salary bands and hiring timelines early and build contingency options if selection odds change.
4) Expect more site visits and tighter petition verification
Worksite visits and verification activity may increase, with closer attention to whether petition filings match the day-to-day reality of job duties, work location, and supervision. Employers should assume that job changes, remote work arrangements, or location shifts may trigger questions.
Practical step: Maintain a process to track role/location changes for sponsored employees and confirm whether an amendment is needed before the change takes effect.
5) Work authorization renewals may become harder to manage
Employers should prepare for more work authorization timing issues, including reduced validity periods for certain documents and changes that may limit automatic extension protections in some categories. This can create real business continuity concerns if renewal processing timelines exceed an employee’s ability to extend work authorization automatically.
Practical step: Use a reliable tracking system for expiration dates, re-verification planning, and employee reminders well in advance of renewal windows.
6) Repayment Agreement policies deserve a fresh look
Several jurisdictions are scrutinizing agreements that require employees to repay employer-paid immigration costs if they leave employment early. Employers using these policies should review them carefully for compliance and consider alternative retention strategies where appropriate.
Practical step: Review any immigration-related Repayment Agreement language with counsel, especially for multi-state employers.
7) Clear communication helps retain talent
In a climate of policy changes and heightened scrutiny, foreign national employees often feel uncertainty about timelines, travel, and work authorization. Employers that communicate early and clearly tend to retain talent more effectively and reduce panic-driven decisions.
Practical step: Create a consistent internal communication plan for sponsored employees (timelines, next steps, and who to contact with questions).
How NPZ Law Group Can Help Employers in 2026
NPZ Law Group supports employers with:
- Immigration process audits (PERM, H-1B, L-1, and I-9 practices)
- Sponsorship strategy and workforce planning
- Site-visit readiness and documentation planning
- Work authorization tracking and compliance support
- Policy reviews for immigration-related Repayment Agreements
If your company expects immigration filings in 2026, planning early can reduce cost surprises, prevent avoidable delays, and protect your workforce.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.