Operational lessons and compliance priorities for AEC firms in 2026.
There’s no denying that 2025 was a turbulent year for immigration in the United States, with ripple effects across the architecture, engineering, and construction industries.
From labor slowdowns caused by enforcement actions, to shifting visa rules and processing backlogs, companies found themselves facing more friction throughout every step of the process. A summer 2025 survey by the Associated General Contractors of America found that in the prior six months, “28% of the surveyed firms noted they were affected by immigration actions – 5% said ICE agents had visited a jobsite, 10% said they had lost workers due to actual or rumored ICE raids, and 20% reported those concerns caused subcontractors to lose staff.”
For companies that rely on international professionals and skilled workers, the near-term terrain is significantly more difficult. Increased legal complexity, tighter timelines and fewer guarantees have reshaped how firms hire, deploy, and retain international talent across the AEC workforce.
Here are the key immigration takeaways from 2025, and how AEC firms can stay ahead of the changes in the year to come.
Travel and visa challenges for international workers and students
One of the most visible shifts in immigration in 2025 was the breakdown of predictability in international travel and visa processing, especially for students.
- The F-1 student pipeline continued to shrink, in part due to increased barriers to entry and visa renewal, and enhanced scrutiny across the board. In fact, Forbes estimated that the number of international students “arriving on visas to the United States declined by 28.5%” year-over-year. For AEC employers who depend on STEM OPT graduates, this could present a long-term talent supply problem.
- Routine travel became a higher-risk activity for some visa holders. Workers reported extreme processing delays, visa appointments were rescheduled with little to no notice, and many faced heightened “screening and vetting” upon reentry to the U.S. This created workforce disruptions and challenges for employers and employees who were forced to navigate unanticipated absences and extended periods of time away from work. The new administration also implemented a travel ban that affects nationals from about 40 countries.
- The chilling effect was real. The new policies and executive orders issued in 2025 resulted in employers and employees reevaluating decision making given the challenges of seeking work opportunities in the U.S. and seeing legal pathways become much more difficult, or close entirely. It is anticipated that this year will see more of the same. Delays will persist. Security screenings will remain stringent. For employees from restricted countries, case decisions will be delayed and international travel will continue to carry heightened risk. Companies that depend on global talent should expect friction. It will be critical to plan ahead and prepare for the unexpected.
Worksite compliance and enforcement in the spotlight
Enforcement actions have been prioritized across all agencies involved in immigration. In 2025, Immigration and Customs Enforcement and U.S. Customs and Border Protection ramped up high-visibility enforcement actions, particularly at worksites and in community settings.
- The American Immigration Council estimated that ICE reported more than 40 worksite enforcement actions resulting in more than 1,100 arrests during the first seven months of the new administration, while local media has “identified dozens of additional worksite raids resulting in more arrests.” As a significant percentage of trade professionals such as plasterers and stucco masons, drywall and ceiling tile installers, roofers, painters and flooring installers, are immigrants, according to the National Association of Home Builders (NAHB), enforcement actions at construction sites have been particularly disruptive. Those jobs are desperately needed in the home-building industry, where the ongoing shortage of workers costs $11 billion annually.
- CBP also had visible operations in major cities across the country including in Charlotte, Los Angeles, Chicago, New Orleans, and more. These surges in activity have caused work stoppages and disrupted projects across industries.
- In addition, the Department of Homeland Security’s Homeland Security Investigations continues to conduct I-9 audits, while the Office of Fraud Detection and National Security, part of U.S. Citizenship and Immigration Services, is ramping up site visits to ensure compliance with visa (e.g., H-1B and L-1) applications. With the renewed focus on employer compliance, we anticipate these worksite actions occurring more frequently during the current administration.
As enforcement actions continue into 2026, firms must ensure they have clear compliance infrastructure, comprehensive policies and have prepared for surprise visits.
Significant changes to H visa program
One of the most disruptive trends for employers in 2025 is a series of policy changes that have made the landscape for H‑1B visas more complex and costly. For AEC firms that depend on H‑1B workers to fill specialized roles, these developments have real operational implications.
- Most notably, a presidential proclamation issued in September 2025 imposed a $100,000 fee for new H‑1B petitions. This fee applies to petitions filed on or after September 21, 2025, for beneficiaries who are outside the U.S. or who must complete consular processing. It does not apply to extensions, amendments, or changes of employer for noncitizens already inside the U.S. The policy is set to remain in effect for at least 12 months.
- The Department of Homeland Security also finalized a major overhaul of the H‑1B selection process that replaces the random lottery with a wage‑based weighted system. Under the new rule, H‑1B registrations will receive a specific number of entries into the cap lottery based on the wage of the offered position, with higher wage jobs receiving more entries than lower wage jobs. This will have a disproportionate impact on small employers and international students seeking entry-level jobs. Under the previous selection process, each beneficiary had an equal chance at selection in the random lottery, regardless of wage level.
- Further, DHS also announced the end of the 540‑day automatic EAD extension for work authorization renewals, effective October 30, 2025. This policy change affects H‑4 dependent spouses who rely on EADs to remain employed. Without automatic extensions, processing delays can now result in gaps in work authorization, disrupting not only individual livelihoods but also staffing continuity.
Proactive planning, early legal review of job classifications, and internal tracking of visa timelines will be essential for AEC firms in 2026.
Other impactful policy changes from 2025
As a result of the collective impact of the changes to immigration policy in 2025, it is predicted that this year will bring deeper structural challenges to the workforce composition, which include:
- Paused benefit adjudications including all work visas and work authorization for nationals of the countries impacted by the new travel ban.
- Ending or lapsing of nearly all Temporary Protected Status (TPS) designations, removing work authorization from approximately 1 million previously authorized employees.
- Rolling back of most humanitarian parole programs including refugee admissions further tightening the available pool of authorized labor.
Against the backdrop of persistent visa delays, employers face a tightening labor market in which previously authorized hires are no longer available and the options to hire replacements, if feasible, are slow and uncertain.
Final thoughts: What AEC firms can do now
The challenges for AEC firms given shifting immigration rules, unpredictable enforcement and slower adjudications are projected to continue throughout the new year.
Companies whose workforce includes international professionals must navigate an environment with tighter timelines, higher costs, and increased delays. These dynamics impact project execution, talent management, and operational stability across the sector.
To mitigate these risks, we recommend AEC firms take the following actions:
- Be proactive with immigration timelines. Build in buffers and redundancies, especially for critical hires and overseas-based workers.
- Conduct a compliance audit. Make sure I-9s, LCAs, STEM training plans, visa public access files, and other vital records are complete and updated.
- Review workforce’s immigration structure. It is imperative that companies understand their employment makeup and immigration statuses.
- Ensure legal, HR, and operations are aligned. Immigration planning should not exist in a vacuum. It must be integrated into project staffing, scheduling, and contracting models.
- Consult with experienced immigration counsel to discuss strategies, evaluate options, conduct internal reviews, and address changes in real time.
Immigration will remain a critical variable in workforce planning, risk management, and project delivery for AEC firms in 2026. Proactive engagement with experienced counsel is essential to prepare for ongoing delays, policy shifts, compliance demands, and fully integrating immigration strategies into operational strategy.
 |
Nam Douglass, Esq., is a N.C. Board Certified Immigration Law Specialist and partner at Garfinkel Immigration Law Firm. Contact her at nam.douglass@garfinkelimmigration.com. |