• Insights

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

June 3, 2026

Country / Territory

  • United StatesUnited States

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: K. Edward Raleigh

The first part of this series focused on why the midterms are unlikely to produce major immigration legislation and why employers should instead watch enforcement, oversight and agency action. This second part looks at the other actors that will shape the employer environment after the election. 

Federal agencies will remain central, but they will not act alone. States, Congress, workers, applicants, advocacy groups and local communities can all increase pressure on employers. At the same time, AI and public data make it easier to turn ordinary business decisions into evidence of a broader workforce story. A layoff, an H-1B filing, a PERM recruitment step, a data-center investment, a state incentive package or a business visitor’s itinerary may be defensible on its own. The risk grows when those facts are viewed together and used to argue that the company is not giving U.S. workers a fair chance. 

Employers should plan for that broader environment. The question is not only whether the company complies with federal immigration rules. The question is whether the company can explain its workforce decisions to federal agencies, state officials, congressional offices, workers, applicants and the public. 

States 

Employers have long understood sanctuary jurisdictions that limit cooperation with federal immigration enforcement. Employers now need to understand states taking the opposite approach. 

Some states are using their authority to discourage unauthorized immigration, increase cooperation with federal enforcement, punish perceived noncompliance, or pressure employers and public institutions that rely on foreign workers. States may not rewrite federal immigration law, but they can create business consequences through state contracts, incentives, licensing, E-Verify rules, reporting duties, public benefits rules, law enforcement cooperation, investigations and political pressure. 

Tennessee provides a useful model. State leaders advanced a broad immigration agenda that would create new verification, reporting and enforcement duties across state and local government. The agenda reaches law enforcement, public health, public benefits, licensing, and other ordinary state functions. The policy goal is not simply cooperation with federal enforcement, but the construction of a state-level immigration enforcement system. 

Other states have begun moving in the same direction using different tools. Some proposals would restrict state incentives or contracts for employers that use H-1B or OPT workers. Texas has taken steps aimed at alleged H-1B abuse and state-agency use of H-1B filings. Those actions create procurement, incentive, site-selection and reputational risk even where federal immigration law permits the employment model. 

But not all state activity is trending more restrictive. Some states, such as Colorado, are doubling down on sanctuary legislation that further restrict state cooperation with federal enforcement, which creates a more fragmented compliance landscape for employers operating across jurisdictions. 

Congress 

Congress also can shape employer risk without passing a bill. Letters, hearings, subpoenas, appropriations conditions, agency referrals and public statements can all change the risk environment for a company. The H-1B oversight letters from Senators Grassley and Durbin, which scrutinized major employers that filed H-1B petitions after layoffs, show how the issue can cut across party lines. The message was simple and powerful: you laid off American workers, so why are you still filing H-1Bs? 

Private plaintiffs 

Private complaints will amplify both state and federal activity. US workers may allege that companies prefer H-1B workers, OPT workers, L-1 workers, or green card candidates because those workers appear cheaper, more dependent on the employer, more willing to accept certain conditions, or less likely to quit. Work-authorized noncitizens may allege that companies adopted overly restrictive sponsorship policies, screened out DACA recipients, rejected asylees or refugees, refused to consider students, required permanent work authorization unnecessarily or used citizenship as a shortcut for avoiding immigration work. 

AI and collective pressure 

AI will add pressure to those complaints and inquiries. Public concern about AI, data centers, energy costs, and job loss gives worker-protection arguments more force. A company that lays off workers, invests heavily in AI, and continues to file H-1B petitions may draw attention from workers, Congress, state officials and the press. 

Agencies are also using AI and data tools to increase enforcement capacity. Immigration enforcement no longer depends solely on complaints or random audits. Agencies can compare filings, wage data, job titles, SOC codes, public access files, PERM recruitment, payroll records, layoff notices, public job postings and corporate announcements. AI makes it easier to identify patterns that previously required manual review. 

The practical result is simple: more people can raise questions, and the government has better tools to test them. Employers should assume that layoffs, sponsorship activity, AI announcements, data-center projects, public incentives and job postings can quickly become one story about whether the company gave US workers a fair chance. 

Need to Know More? 

For questions about government enforcement, please contact Partner K. Edward Raleigh at [email protected]. 

This blog was published on June 3, 2026 and may be subject to change. Stay up to date on the latest immigration updates by subscribing to our alerts and follow us on  LinkedIn, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

k._edward_raleigh

K. Edward Raleigh

Partner

Fragomen in Washington, DC, United States

Email

[email protected]

T:+1 202 380 1114

Related services

  • Corporate Immigration Program Development
  • Business Visa Services and Technology
  • Crisis Management Services
  • Document Services
  • Employment Verification Services

Related industries

  • Artificial Intelligence (AI)

Related offices

  • Fragomen in Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 22, 2026 | CanadaFragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility
June 23, 2026 | GhanaGhana: New Electronic Travel Authorization (ETA) and eVisa Requirements; Visa-on-Arrival Discontinued
June 23, 2026 | JapanJapan: Visa Issuance Fees to Increase Effective July 2026
June 23, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Second Ballot to Open July 14, 2026
June 23, 2026 | VietnamVietnam: Local Authorities to Now Handle Hanoi-related Immigration Processes
June 22, 2026 | CanadaFragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility
June 23, 2026 | GhanaGhana: New Electronic Travel Authorization (ETA) and eVisa Requirements; Visa-on-Arrival Discontinued
June 23, 2026 | JapanJapan: Visa Issuance Fees to Increase Effective July 2026
June 23, 2026 | United KingdomUnited Kingdom: Hong Kong SAR Chinese and Taiwan Youth Mobility Scheme Second Ballot to Open July 14, 2026
June 23, 2026 | VietnamVietnam: Local Authorities to Now Handle Hanoi-related Immigration Processes
June 22, 2026 | CanadaFragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.