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9 min read

7 Business Immigration Laws Enterprises Must Know For 2026

Immigration

Legal & compliance

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Author

Orlagh Mailey

Last Update

March 31, 2026

Table of Contents

1. EU Entry/Exit System (EES): Biometric tracking

2. US H-1B reforms: Changes to lottery, fees, and immigration categories

3. UK global business mobility: March 2026 rule changes

4. Mandatory UK Electronic Travel Authorisation (ETA)

5. Australia's Skills in Demand (SID) visa

6. Canada’s LMIA-Exempt expansion and tighter reciprocal employment rules

7. EU Pay Transparency Directive

The future of global mobility

Centralize and streamline global mobility management with Deel

About the author

Orlagh Mailey is a global mobility leader with over a decade of experience in immigration law, strategy, and program management. She specializes in translating complex global immigration challenges into compliant, scalable solutions that align legal frameworks with commercial goals. Currently, she leads the buildout and scaling of Deel Mobility, bringing a pragmatic, tech-forward approach to global business immigration.

Orlagh has been named a Top 250 Woman Leader in Global Mobility (2024) and Deel MVP (2025), and she also holds an LLM, LLB, and LPC.

Business immigration law is moving at a pace that most enterprise HR and legal teams struggle to match. Biometric border systems are live across Europe. The US has overhauled its H-1B lottery structure. Australia has replaced a core immigration framework. Canada is tightening employer obligations. The UK introduced new payroll compliance requirements for sponsors just this month.

Each of these changes carries real compliance risk, but also real competitive opportunity for enterprises that plan ahead. Here's what matters most in 2026, and what to do about it.

1. EU Entry/Exit System (EES): Biometric tracking

The EU's Entry/Exit System (EES) launched on October 12, 2025 and reaches full mandatory implementation on April 10, 2026 across all 29 Schengen countries. It replaces manual passport stamping with digital biometric registration by collecting fingerprints, facial images, and entry/exit timestamps for every non-EU national on a short stay. Note that some member states retain limited flexibility to temporarily pause EES checks after that date to manage peak travel periods—a contingency built into the system's legal framework, not a delay to the rollout.

Visa-free Schengen travel doesn't permit operational work in most EU countries. Activities like delivering services, managing local teams, or executing contracts on the ground typically require work authorization, even on short trips. EES now makes it far easier for border authorities to flag travel patterns that look inconsistent with business visitor status.

Enterprises should conduct an immediate audit of all cross-border Schengen travel to distinguish permitted business visitor activities from those that may require a work permit. Employees whose travel frequency is high, or whose on-the-ground activities go beyond meetings and negotiations, represent the most acute compliance exposure.

2. US H-1B reforms: Changes to lottery, fees, and immigration categories

The USCIS H-1B weighted selection rule, effective February 27, 2026, replaces the random H-1B lottery with a wage-based system. The intent is to prioritize higher-skilled, higher-paid workers. For enterprises offering lower wage-level positions, they'll face significantly reduced selection odds.

Separately, the Trump Administration introduced a $100,000 additional fee for H-1B petitions, effective for petitions filed on or after September 21, 2025. The fee applies to new hires sponsored from outside the US, specifically where the beneficiary is abroad or where consular processing is required. It does not apply to in-country extensions, amendments, or changes of status approved while the worker remains in the US.

However, change-of-employer filings can trigger the fee depending on whether consular processing is involved, so each case requires individual assessment. The fee materially increases the cost of bringing new talent into the US and remains subject to ongoing legal challenges, with multiple federal cases still active as of March 2026.

Beyond the lottery, Requests for Evidence (RFEs) have become standard with adjudicators scrutinizing job descriptions, wage levels, and company financials more closely than before. Processing timelines have extended, and it's now recommended to start most work immigration processes at least six to nine months before a hire's anticipated start date.

Companies with the strongest H-1B outcomes in 2026 are treating immigration strategy as a talent strategy function, not just a compliance task. That means reviewing salary levels against the new wage-weighted structure, building larger candidate pipelines to account for longer timelines, and ensuring every petition is prepared to withstand an RFE without scrambling.

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3. UK global business mobility: March 2026 rule changes

The UK Statement of Changes HC 1691, published March 5, 2026, introduces several reforms directly relevant to multinationals sponsoring overseas workers. Changes take effect in stages between March 2026 and March 2027, with the most operationally urgent provisions active from late March and early April 2026.

The most operationally significant change is new paragraph SW 14.3B, which requires Skilled Worker sponsors to ensure that the salary paid to a sponsored worker meets the required threshold within each defined pay period — not just on an annual basis. This takes effect April 8, 2026. A payroll error is now potentially a sponsor compliance violation. HR and payroll teams need to be aligned on this immediately.

On the positive side, the Global Business Mobility Secondment Worker route has been streamlined. From April 8, 2026, the required overseas employment period is reduced from 12 months to six months. For multinationals executing UK delivery contracts, this creates additional flexibility to mobilize staff faster.

Also notable for enterprise sponsors: HC 1691 introduces a "visa brake" mechanism, effective March 26, 2026, which allows the government to suspend specific visa routes for nationals of certain countries. Currently this affects Skilled Worker applications from Afghan nationals and Student visa applications from nationals of Afghanistan, Cameroon, Myanmar, and Sudan. The brake can be extended to other nationalities, making sponsor pipeline planning more complex.

The UK's new pay period compliance requirement is a signal of where enforcement is heading globally: toward closer integration of employment and immigration data. Businesses managing these in separate systems (immigration in legal, payroll in finance) face the greatest non-compliance risk. Connecting these two functions isn't just good practice in 2026, it's a compliance obligation.

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4. Mandatory UK Electronic Travel Authorisation (ETA)

Since February 25, 2026, visitors must now hold a valid Electronic Travel Authorisation (ETA) before traveling to the UK for short stays that don't require a visa. The ETA costs £16, is linked digitally to the traveler's passport, and is valid for two years or until the passport expires—whichever is sooner. Each individual visit under an ETA can last up to six months.

This is a procedural change with real operational implications. Any employee making short business trips to the UK needs an ETA secured in advance. However, it doesn't replace a work visa or grant work authorization. It's a pre-screening layer that must be in place before travel.

The UK ETA joins the US ESTA, Canada's eTA, and the forthcoming EU ETIAS as part of a growing global layer of pre-travel authorization requirements that business travel operations teams now need to systematically track.

Businesses handling pre-travel compliance most efficiently are those that have moved authorization verification into their booking systems instead of treating it as a separate HR task managed case by case. As more countries introduce ETA-style requirements, this operational integration becomes increasingly important.

5. Australia's Skills in Demand (SID) visa

Australia replaced the Temporary Skill Shortage (TSS) visa with the Skills in Demand (SID) visa (Subclass 482) on December 7, 2024. The new framework operates across three streams: the Core, Specialist, and Labour Agreement Skills Streams. Each stream has varying qualifications according to occupation, salary, and experience.

Since July 1, 2025, skilled visa income thresholds have been increased by 4.6%, in line with the latest changes in the Average Weekly Ordinary Time Earnings (AWOTE). Applications must now meet the new relevant income threshold or the annual salary market rate, whichever is higher.

The threshold increase combined with the "higher of two thresholds" rule means you can't rely on minimum visa salary floors anymore. Enterprises need robust, up-to-date salary benchmarking processes in place. If your internal compensation bands fall below market rate, the visa application fails. This is especially relevant for companies hiring across multiple roles or geographies where pay scales vary.

Guide

New to Australian payroll?
This guide will provide you with a better understanding of what running payroll in Australia involves and how to strengthen your compliance at every step

6. Canada’s LMIA-Exempt expansion and tighter reciprocal employment rules

Canada's 2026–2028 Immigration Levels Plan sets the target for its International Mobility Program (IMP) at 170,000 new admissions for 2026. This is the pathway that lets multinationals bring skilled workers into Canada without a Labour Market Impact Assessment (LMIA).

This is 32% higher than what the previous plan had projected for 2026, and it sits well above the 60,000 spots allocated through the LMIA-based Temporary Foreign Worker Program. It does, however, represent an overall reduction from 2025 IMP volumes, as Canada pursues a broader strategy of reducing temporary residents as a share of its total population.

The Temporary Foreign Worker Program requires an employer to prove no Canadian worker could fill the role, a costly and extensive process. IMP-exempt pathways remove all of that. For enterprises relying on intra-company transfers or professionals covered under trade agreements like CUSMA, the IMP remains the faster, more practical route for moving talent into Canada.

Canada is opening a wider door but installing a tighter lock. More LMIA-exempt spots exist than the previous plan anticipated, but the evidence bar to walk through them has risen. Businesses that maintain systematic documentation (such as standardized secondment templates, auditable exchange program records, and specific, fact-based business cases) will move through the system faster with fewer refusals.

7. EU Pay Transparency Directive

The EU Pay Transparency Directive requires employers to disclose salary ranges in job postings, report on gender pay gaps, and provide employees with access to compensation-related information. This applies to businesses headquartered anywhere in the world that hire or operate within the EU.

For global mobility leaders, the implications extend beyond job postings. Pay transparency creates pressure on compensation structures that may vary significantly between domestic hires and internationally-relocated employees. Relocation packages, allowances, and shadow payroll arrangements become more visible to local workforces. Enterprises need to reconcile their global mobility compensation frameworks with local EU requirements proactively, not reactively.

This is an opportunity for businesses to rationalize compensation structures that have grown inconsistently across markets. Enterprises that have already moved toward structured global pay bands, with clear rationales for mobility supplements, will find compliance straightforward. Those with ad hoc frameworks will find the directive forcing exactly the restructuring that best practice already recommends.

how to implement pay transparency in your organization - inline preview

Guide

Global transparency laws are changing. Is your comp strategy keeping up?
From the EU Pay Directive to U.S. state laws, pay transparency is becoming a legal requirement. This pay transparency playbook helps you get transparency right, from compensation philosophy to manager training to rollout.

The future of global mobility

Recent global mobility legislation is revealing a key underlying shift. Governments are building far more sophisticated digital infrastructure for immigration and border control. Manual compliance management is ending.

For enterprise mobility teams, the implication is structural. Tracking and managing immigration compliance across multiple vendors is not viable at enterprise scale in 2026.

Additionally, governments are deploying AI tools within their own immigration systems: Canada's GCMS enhancements, the EU's ETIAS screening, and the growing use of automated decision-support in immigration adjudication. Complete, consistent, precisely documented applications matter more than ever as a result.

Centralize and streamline global mobility management with Deel

Deel Mobility gives enterprises a centralized platform to manage immigration, business travel, work authorization, and right-to-work compliance globally with expert support built in, not bolted on. It's a platform-first solution that connects immigration directly to hiring, payroll, HR workflows, and entity management.

As a result, people movement stays compliant as your workforce changes.

Whether you're managing a single relocation or running a global mobility program across 75+ countries, Deel scales with you. Manage cases yourself or let Deel's in-house immigration experts handle execution.

The enterprises winning the race for global talent in 2026 aren't reacting to business immigration law. They're building the infrastructure to stay ahead of it.

Request a demo to speak with our expert team about how Deel Mobility can meet your business immigration needs.

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Orlagh Mailey is a global mobility leader with over a decade of experience in immigration law, strategy, and program management. She specializes in translating complex global immigration challenges into compliant, scalable solutions that align legal frameworks with commercial goals. Currently, she leads the buildout and scaling of Deel Mobility, bringing a pragmatic, tech-forward approach to global business immigration.