Five major immigration developments are reshaping how AEC firms recruit, retain, verify, and support international talent.
The architecture, engineering and construction (AEC) industry continues to face one of its biggest long-term challenges: finding and retaining skilled talent.
At the same time, the U.S. immigration system has been marked by unusual upheaval, undergoing one of its most significant periods of change in recent memory.
In just this calendar year, employers have seen new regulations, ongoing shifts in enforcement priorities and recent court decisions affecting everything from international student hiring to employment verification and domestic business travel. While current and future litigation actions may limit the impact of some changes, AEC firms cannot afford to wait for the courts to decide before they act.
For firms with international talent, the combination of higher costs, delayed adjudications, restricted entry, and tighter rules for international students reinforce the need for employers to stay informed and plan ahead.
Five immigration changes AEC employers need to know
Here are five recent immigration developments every AEC employer should understand:
1. The end of "duration of status" may change the calculus for hiring international graduates
Many AEC firms recruit engineering and architecture graduates from U.S. colleges and universities. For decades, F-1 students were generally admitted to the United States for the "duration of status," allowing them to remain in the country as long as they continued to make progress in their academic programs and comply with immigration regulations.
Beginning September 15, 2026, that framework will be replaced with fixed periods of admission.
While the long-term impact will take time to unfold, employers should recognize that some of the flexibility they previously relied upon to retain international students will disappear. Students will only be granted a fixed period of time to complete their studies, requiring the filing and approval of additional immigration petitions to extend their stay.
Students will also have fewer opportunities to extend their stay through additional academic programs, as they will no longer be able to pursue a second degree at the same level, placing more weight on the outcome of the H-1B lottery and making it more important for employers to think strategically about sponsorship earlier in an employee's career.
2. Temporary Protected Status (TPS) changes require employers to monitor work authorization
Temporary Protected Status (TPS) has also undergone significant changes this year, with protection ending for most countries while only a limited number of designations remain in effect.
For employers, the practical concern is the immediate loss of employment authorization for existing employees.
Organizations should understand whether any members of their workforce are employed pursuant to TPS-related authorization and consult with immigration counsel to understand and monitor termination dates as these often don’t align with the document expiration dates.
Employers enrolled in E-Verify should also pay close attention to system notifications, as the Department of Homeland Security (DHS) has used that platform to communicate changes affecting Employment Authorization Documents.
3. I-9 compliance deserves renewed attention
Another significant development involves employment eligibility verification.
Recent policy changes have increased the consequences of certain I-9 errors that were previously treated as technical violations. Now classified as substantive errors, companies are at higher risk for increased fines and penalties.
At the same time, employers should not assume that every electronic I-9 platform or HR software solution fully satisfies current government requirements. Often the audit trail or signature features do not meet regulatory standards.
Now is a good time to review company onboarding procedures, ensure adequate staff training in document completion, evaluate whether the firm’s electronic I-9 system remain compliant, and confirm that hiring practices align with Department of Justice (DOJ) and DHS regulations.
For firms that have not reviewed their I-9 processes in several years, an internal compliance assessment may be a worthwhile investment.
4. Expanded airport enforcement may affect business travel
Recent immigration enforcement trends have also introduced new considerations for business travel – even domestically.
U.S. Immigration and Customs Enforcement (ICE) is increasingly using passenger information collected by the Transportation Security Administration (TSA) to identify and detain certain foreign nationals during domestic air travel. According to reports, enforcement may now extend beyond individuals with final removal orders to include some foreign nationals who have pending immigration matters.
For AEC firms whose employees regularly travel to project sites, client meetings or industry conferences, this development is an important reminder that even domestic travel may no longer be considered routine for foreign national employees in certain circumstances.
For green card holders, international travel has also become potentially more troublesome. The Supreme Court recently changed how lawful permanent residents are treated when they reenter the U.S., particularly those with any past or current law enforcement interaction.
Employers should encourage employees with pending matters or complex immigration histories to consult with experienced counsel before traveling. While many foreign nationals may continue to travel without issue, individualized legal guidance can help employees understand any potential risks based on their specific circumstances.
5. Litigation continues to shape the immigration landscape
In the current immigration landscape, court decisions are more often determining which policies move forward, which are delayed, and which ultimately don’t take effect. Of note for employers:
- The $100,000 H-1B fee was overturned. While an appeal is pending and the policy remains subject to ongoing litigation, companies may want to take advantage of the current window to apply for eligible overseas applicants.
- The USCIS adjudication pause on certain immigration benefits was also overturned, allowing for the resumed processing of significantly delayed petition extensions and work authorizations.
- The executive order on birthright citizenship in the United States was struck down by the Supreme Court, confirming the long-standing interpretation of this constitutional language, and stabilizing the long-term status of numerous individuals within our current and future workforce.
Rather than viewing these legal developments as isolated events, employers should recognize that as the immigration landscape continues to evolve, companies need to stay informed about ongoing litigation to pivot quickly and adjust strategies as needed.
What immigration changes mean for AEC workforce planning
International professionals will remain essential to helping AEC firms meet workforce needs. At the same time, the immigration landscape has grown increasingly complex, with changes affecting recruitment, work authorization, compliance, employee travel, and long-term workforce planning.
Employers that proactively monitor these developments and incorporate immigration strategy into their broader talent acquisition planning efforts will be better positioned to recruit and retain skilled professionals.
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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. |
