Shifting Regulatory Landscape Complicates Immigration Compliance

Global mobility and expatriate programs face unprecedented complexity as US immigration policy undergoes sweeping regulatory transformation. What was once a relatively stable compliance framework has become an evolving mosaic of new rules, executive actions, and agency interpretations.

For organizations sending talent abroad or managing cross-border staffing, understanding the latest updates from US Citizenship and Immigration Services, the Department of Labor, and the broader political environment is no longer optional—it is fundamental to maintaining lawful and efficient operations.

Heightened scrutiny, increased Requests for Evidence, and the expansion of Notices to Appear have added complexity to every stage of the expatriate lifecycle. Employers face greater documentation burdens and reputational risks. The wage-based allocation proposal may favor high-paying employers and disadvantage smaller businesses. Likewise, mandatory social media disclosure introduces ethical dilemmas around privacy and freedom of expression.

Yet within this uncertainty lies opportunity. Strong compliance frameworks can serve as a competitive differentiator, positioning organizations as employers of choice for global talent, and transparent mobility policies enhance employee engagement and trust.

Mobility leaders can remain agile in an unpredictable regulatory climate by following practical guidance offered below.

Recent Policy Shifts

At present, US Immigration authorities have implemented significant changes that reflect a more stringent approach to employment-based visa adjudication.

Heightened Scrutiny of Visa Applications: USCIS and consular posts have intensified their review of employment-based visa applications, focusing on salary levels, specialty occupation definitions, degree-job alignment, and employer-employee relationships. Consular officers are also evaluating social media activity and third-party placements to detect inconsistencies. As a result, RFEs have increased across H-1B, L-1, and EB-1A categories, adding time and cost to an already burdensome process.

Ongoing consular backlogs and administrative processing delays further slow approvals for temporary workers and expatriates, affecting global staffing timelines. Additionally, CBP and consular posts have applied stricter standards to TN visas for Canadian and Mexican professionals. Eligibility has tightened for professions such as engineers and computer systems analysts, with denials often tied to vague job descriptions or inadequate alignment with United States-Mexico-Canada Agreement-approved occupational categories.

Worksite Inspections: Immigration and Customs Enforcement and the DOL now exercise broader authority to conduct unannounced inspections and site visits. Employers must maintain accurate and up-to-date I-9 and PERM documentation, as errors can trigger fines and potential debarment.

Enforcement and NTAs: USCIS has also increased issuance of NTAs, even within the 60-day grace period after an H-1B termination. This change creates new risks for expatriates who may need rapid transitions, emergency travel, or contingency planning. Employers must anticipate potential disruptions and develop clear internal procedures for managing status terminations, transfers, and grace-period compliance.

Broader Developments

In addition to heightened procedural scrutiny, evolving immigration policies have imposed significant financial burdens on employers sponsoring foreign talent, while also introducing proposed reforms to the H-1B lottery system and expanding social media surveillance measures.

H-1B Fee Increase: In September, President Donald Trump signed a proclamation, effective Sept. 21, 2025, requiring sponsoring employers to pay a $100,000 fee per petition for foreign nationals seeking initial H-1B entry into the US.

USCIS in October issued clarifying guidance, noting that the proclamation does not apply to petitions filed on or after 12:01 a.m. ET on Sept. 21, 2025, if the petition seeks an amendment, change of status, or extension of stay for an H-1B beneficiary already present in the US—and if such a request is granted. Beneficiaries will not be subject to the $100,000 fee if they later depart the US and apply for a visa or seek reentry based on the approved petition or a valid H-1B visa. While the proclamation allows for exemptions based on national interest, the criteria for such waivers remain undefined.

Wage-Based Allocation: A pending White House proposal could replace the traditional H-1B lottery with a wage-based allocation system prioritizing higher-paid applicants. This change would reshape corporate hiring strategies, particularly in technology and finance sectors. While the policy seeks to reward “top talent,” it risks excluding qualified entry-level professionals and constraining workforce diversity.

Social Media Surveillance: USCIS has proposed requiring applicants for green cards, citizenship, asylum, or refugee status to disclose their social media accounts. Framed as a national security measure, this initiative raises privacy and First Amendment concerns, as well as compliance challenges for employers and individuals. Mobility teams will need to balance transparency with data privacy obligations.

Compliance Strategy

In this regulatory climate, proactive and strategic planning is essential. Employers should initiate immigration filings as early as possible to accommodate longer adjudication timelines and potential RFEs. Detailed job descriptions, accurate Standard Occupational Classification codes, and clear employer-employee documentation are crucial. Using USCIS premium processing and scheduling consular appointments far in advance can help mitigate the uncertainty of administrative backlogs.

Equally important is policy integration. Organizations must align internal mobility policies with updated federal guidance, including expanded NTA issuance, social media disclosure requirements, and evolving definitions of “specialty occupation.” The recent USCIS guidance expanding NTA issuance even for applicants with pending petitions highlights the need for robust contingency planning.

Cross-functional coordination between HR, legal, compliance, and global mobility teams ensures unified decision-making and accountability. Shared responsibility without clear ownership can lead to missed deadlines, duplicate filings, or inconsistent communication with expatriates. Regular interdepartmental meetings and compliance training can strengthen organizational readiness and reduce exposure.

Technology is also transforming compliance management. Modern immigration case management systems provide real-time visibility into visa statuses, expiration dates, and document uploads. Automated alerts can prevent lapses, while analytics dashboards help track costs and identify process inefficiencies.

Training and awareness programs remain central to employee confidence and trust. Managers and employees should understand how policy changes affect assignments, renewals, and family dependents. Regular webinars, FAQs, and communication updates—ideally developed in partnership with immigration counsel—help build a culture of preparedness and transparency.

Managing expatriate programs in today’s fast-changing immigration environment requires foresight, collaboration, and agility. By integrating early planning, policy alignment, technology, and continuous training, employers can stay ahead of regulatory developments while fostering a compliant and supportive culture.

Organizations that adapt quickly will not only withstand policy turbulence but emerge stronger, ready to compete for talent in a tightly regulated global marketplace.

An immaterial amount of this content was drafted by generative artificial intelligence.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Xana Connelly is an experienced attorney at DLA Piper who advises corporate clients and individuals on a broad range of US business immigration matters.

Janine Guzman is partner at DLA Piper, regional co-leader of the US-LatAm employment practice group, and co-chair of the immigration practice.

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