Baker Botts and ACC Houston hosted a half-day seminar on January 29, 2026, that featured timely discussions on AI, employment law, and what’s ahead for the workplace. Staff Lawyer Connica Lemond led the “Immigration Law Update” session.

Key Takeaways 

1. The employment-based immigration system is tightening, with higher costs and longer timelines. Employers are facing increased barriers to bringing foreign talent into the U.S., including steep fee increases and intense competition in key visa categories such as H-1B. Consular backlogs for visitor visas are also stretching planning horizons for business travel and conferences. Workforce planning that once operated on predictable cycles now requires earlier filings, larger budgets, and contingency planning. 
    
2. Adjudications and background vetting are more rigorous. Agencies are applying closer scrutiny to application details, signatures, prior conduct, and even applicants’ public digital footprints. Issues that may previously have been resolved through clarification can now lead to denials or delays. Employers should expect heightened review of credentials, prior immigration history, and any potential grounds of inadmissibility when sponsoring employees or supporting visa applications. 
    
3. Worksite compliance risk is rising, especially around I-9 and work authorization tracking. Enforcement agencies are increasing in-person audits and placing less weight on “good faith” efforts if documentation is incomplete or flawed. Employers cannot rely solely on electronic verification systems to shield them from liability and must ensure HR teams are trained to identify irregularities and status changes that affect work authorization. This is particularly critical where temporary programs are terminated or modified, which can invalidate employment authorization before a document’s printed expiration date. 
    

Preparedness for government inspections is essential. Employers should have clear protocols for responding to worksite inspection notices and understanding the limits of different types of warrants. Missteps in handling inspections or granting access without proper review can escalate routine inquiries into broader enforcement actions. Legal teams should ensure that frontline personnel know when to involve counsel and how to preserve the company’s rights during agency interactions. 
 
The current immigration landscape demands a more strategic, compliance-driven approach to workforce mobility. Higher filing costs, longer visa processing times, and increased scrutiny of applications are making it more complex and expensive to recruit and retain global talent. At the same time, policy changes affecting humanitarian and temporary work authorization programs are creating new risks for employers that do not closely track employees’ status and documentation. Workforce planning now requires earlier engagement, closer coordination between legal and HR, and regular audits of sponsorship and work authorization practices. 
 
Equally important is worksite compliance. Agencies are expanding I-9 audits and applying a stricter lens to documentation and verification practices, while also increasing enforcement activity at worksites. Employers should treat immigration compliance as a core operational risk, not just an HR function. Clear internal protocols, trained personnel, and rapid access to counsel during inspections can make the difference between a manageable review and a disruptive enforcement action. In this environment, proactive compliance, documentation discipline, and scenario planning are essential to protecting both the workforce and the business.