Introduction

The construction industry in 2026 faces a rapidly evolving landscape shaped by significant immigration policy changes for contractors. This article addresses the most important immigration policy changes for contractors in 2026 and what construction employers must do now. It is designed for construction contractors, HR managers, compliance officers, and business owners who need to understand how new federal rules, enforcement priorities, and visa program reforms will impact their workforce, project planning, and legal compliance. With intensified ICE and DHS audits, enhanced screening measures, and new Department of Labor rules, understanding these changes is critical for contractors to avoid costly disruptions, legal risks, and labor shortages. Staying informed and proactive is essential for maintaining compliance and ensuring project continuity in this challenging environment.

Key Takeaways

• Federal enforcement trends: Immigration enforcement in 2026 has intensified under the Trump administration, with ICE and the Department of Homeland Security prioritizing high-risk sectors like construction through increased site visits, I-9 audits, and scrutiny of subcontractor labor arrangements. Contractors face intensified ICE/DHS work authorization audits and increased unannounced site visits to verify H-1B compliance, making strict I-9 compliance essential.
• Compliance requirements: Shortened work authorization validity periods (now capped at 18 months for many Employment Authorization Documents) require contractors to tighten I-9 reverification schedules and E-Verify processes to avoid compliance gaps that could halt projects. Enhanced screening measures and expanded vetting increase the administrative burden for HR teams, while legal risks for noncompliance are higher than ever.
• Visa impacts and labor shortages: Visa programs critical to construction, especially H-2B and H-1B, face annual cap pressure, new fees, a weighted lottery favoring higher-wage roles, expanded vetting requirements, and processing delays averaging 6-12 months. The administration authorized a supplemental 64,716 H-2B visas for FY 2026, but only for businesses proving “irreparable harm” without the workers. These changes, combined with stricter enforcement, have led to significant labor shortages, rising wages, and operational uncertainty for contractors specializing in foreign talent.
• Association support: ABC South Texas is actively monitoring federal developments and providing compliance training, templates, and advocacy resources to help member contractors navigate these significant changes while maintaining project continuity.

Why Immigration Policy Changes in 2026 Matter for Contractors

The construction industry is facing a workforce reckoning in 2026. Federal immigration policy under President Donald Trump has shifted decisively toward reduced legal immigration, expanded border enforcement, and heightened employer accountability. For commercial contractors in South Texas and beyond, these immigration policy changes for contractors in 2026 directly threaten workforce stability, schedule certainty, and contract performance.

Approximately 34% of construction trades workers nationwide are immigrants, with some specialty trades reaching immigrant composition rates as high as 61%. Many of these workers have mixed authorization status or depend on work authorization documents with limited validity. When federal agencies like Immigration and Customs Enforcement increase their presence in the industry, the ripple effects extend far beyond individual worksites. Labor scarcity intensifies as undocumented workers self-deport or fail to appear amid fears of enforcement actions. Policies targeting illegal entry and illegal immigration are intended to reduce unauthorized border crossings, which can further impact the availability of workers for contractors. Documented workers command higher wages as contractors compete fiercely for available talent. Changes in green card eligibility and processing times further complicate workforce planning for contractors.

Key 2026 immigration policy changes for contractors include:

• Enhanced screening measures and reduced EAD validity periods: The U.S. Citizenship and Immigration Services announced enhanced screening measures across several benefit categories and reduced the maximum validity period for certain Employment Authorization Documents to 18 months. This increases the frequency of I-9 reverifications and administrative workload for HR teams.
• H-1B reforms: Major reforms to the H-1B visa program include a $100,000 fee for new petitions for workers located outside the US and a new weighted lottery system favoring higher-skilled, higher-paid roles. As of February 27, 2026, high-wage positions receive up to four chances in the lottery compared to one for lower-wage roles.
• Intensified ICE/DHS audits and site visits: Contractors face intensified ICE/DHS work authorization audits and increased unannounced site visits to verify H-1B compliance, making strict I-9 compliance essential.
• Increased legal risks and need for strict I-9 compliance: Legal risks for noncompliance have increased, with higher fines, potential criminal referrals, debarment, and reputational harm.
• Administrative and financial burdens: Contractors specializing in foreign talent face significantly higher administrative and financial burdens due to these policy changes, including expanded vetting, longer processing times, and operational uncertainty.
• H-2B visa cap and supplemental visas: The administration authorized an additional 64,716 H-2B visas for FY 2026, but these are limited to businesses that can prove they would suffer “irreparable harm” without the workers.
• DOL’s new rule on independent contractor classification: The Department of Labor proposed a rule in February 2026 that restores a “core factors” test for worker classification, potentially easing the classification of independent contractors. The DOL’s new rule prioritizes two main factors: the worker’s degree of control and their opportunity for profit or loss, aiming to provide greater clarity and predictability for workers and employers.
• Expanded vetting, longer processing times, and operational uncertainty: Employers should expect increased scrutiny and longer processing times for visa applications due to expanded vetting measures, including social media reviews and additional documentation requirements.
• Labor shortages and their impact on construction: The construction industry is particularly vulnerable to labor shortages due to its reliance on immigrant workers. Stricter immigration enforcement and reduced legal and illegal immigration have led to significant labor shortages, driving up wages and making it harder for contractors to fill positions.

Construction has emerged as a priority enforcement target because of its historic reliance on subcontracting chains, traveling crews, and mixed-status workforces. General contractors and specialty subs face increased exposure when federal investigators scrutinize labor supply arrangements. Policy changes can also affect workers’ family members, especially in visa and green card categories, adding another layer of complexity for employers. This article, written from the perspective of ABC South Texas, a construction trade association, provides practical compliance guidance for business owners, executives, HR teams, and safety and compliance managers. We will cover enforcement dynamics, work authorization rules, and visa impacts, with particular focus on H-2B and H-1B, and proactive strategies tailored to contractors operating under 2026’s new policies.

Contractors must be aware that intensified ICE/DHS work authorization audits, increased unannounced site visits to verify H-1B compliance, and greater legal risks make strict I-9 compliance essential in 2026.

Federal Immigration Enforcement Trends Impacting Construction in 2026

Border Security and Interior Enforcement

The enforcement landscape in 2026 builds on executive orders and policy memoranda issued since January 2025. The administration has prioritized border security, reduced authorized inflows, and expanded homeland security investigations across industries that historically employ significant immigrant workforces.

The numbers tell the story: border encounters have declined 79% from peak levels, while ICE custody numbers have risen 84%. In addition, the expansion of expedited removal processes has become a key tool for streamlining deportations and deterring irregular migration. For contractors, this means the federal government is redirecting resources from southern border operations toward interior enforcement, including worksite accountability. Compared to the Biden administration, which faced criticism for perceived shortcomings in border security and immigration enforcement, the current administration has adopted a stricter approach with increased focus on enforcement and removal.

Expanded Vetting and Processing Delays

Citizenship and Immigration Services has announced expanded vetting protocols that scrutinize visa applicants’ social media presence and online activities, affecting H-1B, H-2B, and other visa categories commonly used by construction employers. As of late 2025, USCIS expanded its social media disclosure requirements to H-1B and H-4 applicants, increasing processing times and the risk of denials. Enhanced screening measures and reduced EAD validity periods have increased the administrative burden for HR teams and created operational uncertainty for contractors specializing in foreign talent.

Employer Accountability Measures

Critically, 2026 enforcement emphasizes employer accountability. Federal agencies are conducting more I-9 desk audits, unannounced on-site inspections, and investigations into labor contractors and subcontractors that supply crews to job sites. South Texas contractors face heightened exposure due to geographic proximity to the border, frequent use of traveling crews, and dependence on a workforce with varying immigration statuses. Contractors face intensified ICE/DHS work authorization audits and increased unannounced site visits to verify H-1B compliance, making strict I-9 compliance essential. Legal risks for noncompliance are higher than ever, with increased fines and the potential for criminal referrals.

These enforcement trends set the stage for understanding how audits and investigations are conducted at the job site level.

Immigration Enforcement in Construction: Audits, Inspections, and Investigations

What to Expect from ICE, DHS, and DOL

ICE, DHS, and the Department of Labor are coordinating enforcement efforts in 2026 to target high-risk industries. Construction, agriculture, and hospitality top the list. Worksite enforcement has become a central component of the administration’s enforcement priorities.

A typical ICE enforcement action begins with a Notice of Inspection, which requires the company to produce all I-9 forms within 3 business days. This initial request may be followed by subpoenas for additional records, including payroll documentation, subcontractor agreements, and certificates of insurance. Enforcement agents may conduct on-site interviews with managers and employees to verify worker status.

Common Enforcement Touchpoints

Typical enforcement touchpoints at construction sites include:

• Unannounced visits by ICE agents
• Review of jobsite rosters and crew documentation
• Verification of individual workers’ immigration status
• Scrutiny of subcontractor labor supply arrangements
• Interviews with project managers and foremen

Consequences of Noncompliance

Noncompliance findings in 2026 carry serious consequences. Civil fines scale with violation severity, reaching up to $27,018 per unauthorized worker for repeat offenders (adjusted for inflation). Criminal referrals remain possible for knowingly employing unauthorized workers, which can result in imprisonment for responsible parties. Contractors found in violation may face debarment from federal and state projects, effectively disqualifying them from government contracts. Negative press coverage can threaten future private bids as well.

Documentation agents typically request:

• All Form I-9s for current and recently terminated employees
• E-Verify records and case results
• Payroll records matching I-9 data
• Subcontractor agreements and labor contracts
• Certificates of insurance for subcontractors
• Jobsite rosters and crew assignment records

Understanding these audit and inspection procedures is essential for developing robust compliance programs. Next, we’ll explore best practices for workforce eligibility verification and E-Verify in 2026.

Workforce Eligibility, I-9 Verification, and E-Verify Best Practices for 2026

I-9 Verification Essentials

Consistent, standardized onboarding and verification procedures represent your single most important protection against 2026 enforcement risk. Immigration law requires employers to verify every new hire’s identity and work authorization using Form I-9. Getting this right is not optional.

Key steps for I-9 compliance:

1. In-person document verification: Employees must present original documents in person. Remote examination flexibilities introduced during the pandemic have largely ended.
2. Careful document review: Review documents for authenticity without discrimination. Do not reject valid documents based on appearance or demand specific document types.
3. Strict timelines: Section 1 must be completed by the first day of employment. Section 2 must be completed within 3 business days of hire.

A significant change in 2026 involves the shortening of Employment Authorization Document validity periods. Many EAD categories are now capped at 18 months, down from previously issued longer periods. This increases the frequency of I-9 reverifications for active employees. Missing a reverification deadline can render a worker unauthorized mid-project, creating immediate compliance exposure and project disruption.

E-Verify Requirements and Best Practices

For contractors subject to E-Verify requirements (including federal contractors and those in states with mandatory participation), best practices include:

• Matching I-9 data precisely with E-Verify submissions
• Handling Tentative Nonconfirmations (TNCs) through proper resolution procedures
• Documenting all resolution steps to withstand audit scrutiny
• Maintaining secure records with appropriate retention periods

Contractor I-9 workflow checklist:

1. Issue a conditional job offer
2. Collect minimal pre-hire information (avoid premature status inquiries)
3. Complete Section 1 on hire date
4. Complete Section 2 within 3 business days
5. Submit to E-Verify (if required) within the designated timeframe
6. Store records securely (digital or paper) with clear retention schedules: 3 years after hire date or 1 year after termination, whichever is later

Disputes over work authorization or enforcement actions may ultimately be resolved in immigration court, where legal counsel can be critical for navigating complex proceedings.

The U.S. Citizenship and Immigration Services announced enhanced screening measures that will increase the administrative burden for Human Resources teams. Contractors specializing in foreign talent face dramatically higher financial and administrative burdens due to immigration policy changes.

Next, we’ll examine how independent contractor status is defined and regulated under the 2026 immigration policy.

Understanding Independent Contractor Status Under the 2026 Immigration Policy

The 2026 immigration policy landscape brings significant changes to how construction employers must approach independent contractor status, with direct implications for compliance under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The Department of Labor’s latest proposed rulemaking is designed to provide greater clarity and predictability for both employers and workers, replacing the rescinded 2024 rule and ensuring a consistent standard across these key federal laws.

Core Factors Test: The Department of Labor proposed a rule in February 2026 that restores a “core factors” test for worker classification, potentially easing the classification of independent contractors. The DOL’s new rule prioritizes two main factors for classifying independent contractors: the worker’s degree of control and their opportunity for profit or loss.

Economic Reality Test: The economic reality test, grounded in federal judicial precedent, considers whether a worker is economically dependent on the employer or is in business for themselves. This test evaluates factors such as the degree of control the employer has over the work, the worker’s opportunity for profit or loss, the permanency of the relationship, and the nature of the work performed.

For construction businesses, the distinction between employees and independent contractors is more than a payroll issue—it’s a critical compliance factor under immigration law and enforcement priorities. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and Citizenship and Immigration Services (USCIS) are all increasing scrutiny of worker classification, especially in industries like construction, where subcontracting and labor supply chains are common. The Trump administration’s renewed focus on border security, national security concerns, and immigration enforcement means that misclassification can trigger not only wage-and-hour investigations but also immigration audits and legal challenges.

Worker classification also directly impacts eligibility for legal immigration pathways. For example, certain visa categories, such as H-1B, require that the foreign national be classified as an employee rather than an independent contractor. Misclassification can jeopardize work authorization, trigger enforcement actions by federal agencies, and expose your business to increased risk of fines, debarment, or even criminal penalties. The interplay between immigration policy, customs enforcement, and labor law is complex, and errors can result in serious harm to your company’s reputation and bottom line.

Industry groups like the Associated General Contractors have voiced concerns about labor shortages and the need for greater clarity in worker classification rules. As the comment period for the proposed rule closes, it is essential for employers to engage in the regulatory process, submit feedback, and stay informed about final rulemaking. Doing so will help ensure that the new standards provide workable guidance for the construction industry and support both compliance and workforce stability.

In summary, understanding independent contractor status under the 2026 immigration policy requires careful attention to the proposed rule, the core factors test, the economic reality test, and evolving enforcement priorities. Construction employers must proactively review their labor arrangements, consult with legal counsel, and implement robust compliance programs to navigate this complex environment. By staying engaged and informed, your business can reduce the increased risk of legal challenges, maintain eligibility for public and private contracts, and support a stable, authorized workforce in the years ahead.

As worker classification rules evolve, contractors must also adapt to changes in visa programs and labor pathways.

Visa Programs and Labor Pathways Affecting Contractors in 2026

Construction employers increasingly rely on temporary-worker visa programs to fill labor gaps, but 2026 has brought tighter caps, increased vetting, and longer processing times under the current administration’s immigration policy.

The H-2B program remains the primary visa pathway relevant to construction. The program has an annual cap of 66,000 visas, split evenly between fiscal-year semesters. Demand consistently exceeds supply, with oversubscription creating uncertainty. The administration authorized an additional 64,716 H-2B visas for FY 2026, but these are limited to businesses that can demonstrate “irreparable harm” without the workers. Supplemental cap relief, which previously expanded the number of available visas, has narrowed in 2026 amid shifting enforcement priorities.

Expanded vetting requirements now affect H-2B, H-1B, and other employment-based visa categories. Centralized vetting centers review applicants’ social media activity, online presence, and stated job duties. Security-related concerns trigger additional scrutiny. The practical impact includes:

• More Requests for Evidence (RFEs) requiring detailed responses
• Processing delays averaging 6-12 months
• Higher denial rates are disrupting workforce planning
• Unpredictable timing that complicates project scheduling

H-1B Reforms: Major reforms to the H-1B visa program include a $100,000 fee for new petitions for workers located outside the US and a new weighted lottery system favoring higher-skilled, higher-paid roles. As of February 27, 2026, high-wage positions receive up to four chances in the lottery compared to one for lower-wage roles.

In addition to employment-based visas, recent 2026 immigration policy changes affecting contractors have also affected other immigration programs, including asylum, refugee, and special immigrant visa programs. Reform efforts have introduced stricter eligibility and increased vetting for these programs, affecting contractors’ access to labor. The US government has suspended or revoked Temporary Protected Status (TPS) for individuals from several countries, such as Haiti, Syria, Afghanistan, and Venezuela, further reducing the available workforce. Changes to public benefits rules may also impact green card eligibility for workers and their families, influencing workforce planning and long-term staffing decisions.

Shorter work authorization validity periods compound these challenges. When an H-2B worker’s status is set to expire mid-project, contractors must have contingency staffing plans ready. The risk of workers falling out of status has increased.

These visa constraints directly affect estimating and bidding. For 2026 and 2027 projects, contractors should:

• Build lead times of up to 18 months for H-2B approval processes
• Factor 10-20% higher recruitment costs into estimates
• Include contingency staffing provisions in project plans
• Consider diversifying labor sources through apprenticeship programs

Labor shortages in the construction industry have been exacerbated by a decline in both legal and illegal immigration. Employers in sectors like construction have raised concerns about labor shortages due to reduced immigration and changes in visa processing. A survey conducted by the Associated General Contractors of America found that 92% of firms struggle to fill positions and 28% said they were affected by immigration actions. These shortages are driving up wages for qualified labor and may influence the direction of future immigration policy changes.

As challenges in visa and labor pathways mount, contractors must also focus on managing workforce regulations and subcontractor relationships.

Contractor Workforce Regulations and Subcontractor Management

General contractors can be held liable for unauthorized workers supplied by subcontractors and labor brokers. This exposure has increased under the 2026 enforcement priorities that scrutinize supply-chain responsibility.

The evolving federal focus on misclassification and joint employment intersects with immigration compliance in multi-tier subcontracting arrangements. A proposed rule announced on February 26, 2026, addresses independent contractor classification and restores a 2021-era economic reality test. The National Labor Relations Board finalized joint-employer rules on February 27, 2026. These developments heighten scrutiny of how contractors structure relationships with subcontractors and labor suppliers.

For 2026 subcontracts, consider including specific clauses addressing:

• Immigration compliance representations and warranties
• I-9/E-Verify compliance requirements
• General contractor audit rights including spot-check authority
• Indemnity provisions for fines, penalties, or debarment
• Termination rights for compliance breaches

Standardize subcontractor onboarding with these practices:

• Prequalification questionnaires addressing workforce compliance
• Periodic compliance certifications (quarterly or semi-annually)
• Spot checks of crew documentation for high-risk trades
• Enhanced scrutiny for labor-only agreements and staffing suppliers

Tie immigration compliance expectations into existing safety and quality programs. Field supervisors, foremen, and project managers should understand how to escalate documentation concerns through proper channels without engaging in discriminatory practices. The goal is to reduce risk while avoiding joint-employment implications or profiling violations.

With workforce regulations and subcontractor management in place, contractors should implement practical compliance strategies to reduce risk and maintain project continuity.

Practical Compliance Strategies for Construction Companies in 2026

Hoping not to get audited is no longer a viable strategy. Proactive compliance is consistently cheaper than defending an enforcement action, paying substantial fines, or losing eligibility for public contracts.

Start by designating an internal immigration compliance lead. This role often falls to HR or a risk/compliance manager. Clearly map responsibilities between HR, payroll, project management, and field supervision. Everyone should understand their role in maintaining compliant operations.

Priority internal process improvements for 2026:

• Conduct I-9 self-audits annually; quarterly for high-turnover roles
• Standardize onboarding materials and checklists in hiring packets
• Implement digital I-9 solutions with audit trails for document storage
• Set calendar reminders 90 days before EAD expirations for reverifications
• Document procedures for site visits and agent contact as escalation protocols

Training serves as a core compliance strategy. Schedule annual sessions for HR staff and semi-annual refreshers for jobsite supervisors and front-line managers. Training should cover lawful verification procedures, avoiding discrimination, and responding appropriately to ICE or DHS visits.

When immigration enforcement agents appear at a jobsite, supervisors should:

1. Remain calm and request agent identification
2. Contact the designated compliance lead or legal counsel immediately
3. Limit access to areas and information beyond what is legally required
4. Not consent to broader interviews without management direction

Coordinate with qualified immigration counsel for complex situations involving large visa-dependent crews, multi-state operations, or federal contracts. ABC South Texas provides education and advocacy resources but not legal representation.

With compliance strategies in place, contractors can leverage association resources for ongoing support.

How ABC South Texas Supports Members on Immigration Compliance

ABC South Texas serves as a trusted regional resource for merit shop contractors navigating 2026 immigration policy shifts. As the landscape grows more complex, the association provides practical support tailored to South Texas commercial construction.

Member services relevant to immigration compliance include:

• Compliance-focused safety and HR training programs
• Workforce development and apprenticeship programs that expand the authorized labor pool
• Policy updates via newsletters, briefings, and member communications
• Template documents and checklists for I-9 compliance and subcontractor management

The association tracks announcements from DHS, the Department of Labor, and Citizenship and Immigration Services. When proposed rulemaking or new enforcement priorities emerge, ABC South Texas translates federal developments into practical guidance for members operating in the region.

Networking and peer-learning opportunities allow members to share best practices on I-9 audits, subcontractor management, and workforce planning under tightened immigration controls. These connections help contractors learn from others facing similar challenges.

Connect with ABC South Texas for training calendars, advocacy updates, and resources that help keep your company compliant and competitive.

Looking ahead, contractors must remain vigilant as immigration policy continues to evolve.

Looking Ahead: Future Immigration Policy Outlook for Contractors Beyond 2026

The enforcement tightening of 2026 is unlikely to be an endpoint. Immigration policy remains fluid due to ongoing litigation in federal courts, congressional proposals, and economic pressures facing labor-dependent industries. Recent legislative measures, such as the Laken Riley Act, have aimed to increase immigration control and law enforcement by mandating detention for undocumented immigrants involved in theft-related crimes or causing serious injury or death. Additionally, President Trump’s policies on border security and immigration enforcement continue to shape current and future immigration measures.

Debates continue over balancing national security concerns with labor market needs. Groups like the Associated General Contractors advocate for expanded H-2B access and investment in workforce development. Construction faces pronounced skilled labor shortages that immigration restrictions have intensified. The Supreme Court and lower courts continue reviewing legal challenges to various executive order provisions.

Build flexible workforce strategies that reduce dependence on any single labor pathway:

• Invest in apprenticeship programs and upskilling initiatives
• Explore technology and productivity improvements that reduce labor intensity
• Diversify recruitment beyond specific visa categories
• Develop local workforce pipelines through community partnerships

Implement a structured monitoring plan for immigration developments. Check official federal sources regularly, stay engaged with industry associations like ABC, and schedule periodic consultations with immigration counsel. Policy changes can arrive quickly, and early awareness allows faster adaptation.

The contractors who adjust their processes now—tightening compliance, diversifying workforce sources, and building operational flexibility—will be positioned to weather future policy shifts with less disruption. Your 2026 investments in compliance infrastructure become 2027’s competitive advantage.

Frequently Asked Questions: Immigration Compliance for Construction Employers in 2026

Do construction contractors in South Texas have to use E-Verify in 2026?

E-Verify requirements depend on federal and state law as well as specific contract terms. Texas does not currently mandate E-Verify for all private employers. However, federal contracts, certain public owners, and specific project requirements may mandate E-Verify participation even for Texas contractors.

Review your prime contracts and subcontracts for E-Verify clauses. Maintain consistent procedures whenever participation is required. Some states, such as Ohio, under the E-Verify Workforce Integrity Act, effective March 19, 2026, impose E-Verify requirements on nonresidential construction contractors. Consult with counsel before voluntarily adopting E-Verify company-wide to understand both the added obligations and potential benefits.

How often should a contractor conduct internal I-9 audits in 2026?

Medium and large contractors should conduct at least an annual internal I-9 review. High-turnover roles, new offices, or new divisions warrant more frequent spot checks—quarterly is reasonable for higher-risk operations.

Use a standardized audit checklist that addresses common technical errors. Correct errors where allowed under immigration services guidance and document all corrective actions taken. Involving outside counsel or a third-party auditor periodically helps identify systemic issues before an ICE inspection reveals them.

What should jobsite supervisors do if immigration agents appear at a construction site?

Have a written protocol in place before this situation arises. Supervisors should remain calm, request official identification from agents, and immediately contact the company’s designated compliance lead or legal counsel.

Supervisors should not consent to broader access or employee interviews beyond what is legally required without direction from management or counsel. Training should clarify the differences between subpoenas, warrants, and informal requests. Knowing how to route agents appropriately protects both the company and employees from unnecessary exposure.

Can contractors ask subcontractors to provide copies of their workers’ I-9 forms?

General contractors typically do not maintain I-9 forms for subcontractor employees, and doing so can create unintended joint-employment implications or privacy issues. Instead, require written certifications of compliance in subcontracts and reserve audit and termination rights.

Balance risk management with legal boundaries by working with counsel to design subcontractor compliance programs. Focus on representations, warranties, and audit rights rather than directly handling sub-tier I-9 documentation.

How can contractors reduce the risk of discriminatory practices while tightening immigration compliance?

Enforcement intensity in 2026 does not excuse discrimination. Employers must apply I-9 and verification processes consistently to all new hires, regardless of nationality, citizenship status, or appearance.

Train HR staff and supervisors on anti-discrimination rules. Avoid over-documentation, rejecting valid documents, or targeting specific groups for additional scrutiny. Document your uniform hiring and verification procedures, and periodically review them to ensure alignment with DOJ and DHS guidance. Consistent application protects both public safety interests and essential worker rights.