TAKEAWAYS from the 2026 ASA Staffing Law & Compliance Conference

Immigration

H- 1B Program

• A newly introduced law, H.R. 6937 (“End H-1B Now Act”) would be burdensome for staffing—early language has included prohibitions on staffing firm use. It’s unlikely to advance, but it’s critical to monitor and engage to prevent harmful provisions.
• For now, H-1Bs remain viable for specialty occupations. Consistency across filings is essential amid a stricter enforcement environment.

I- 9 and E- Verify

• Audit activity and penalties are up significantly (reported 10x increase). Fines average around $3,000 per violation and up to $30,000 for knowingly employing someone without work authorization.
• Unique risks for staffing include high volume and decentralized onboarding leading to errors, shared ownership blurring accountability, and remote/ electronic I- 9s creating audit trail gaps.
• Staffing owners are encouraged to spell out responsibilities in contracts, validate systems and processes, and tighten reverification procedures and documentation.

AI Regulation

• AI is generating a new wave of regulations. The firms that get ahead of this now—maintaining transparency with clients and showing a governance framework—will have a genuine advantage.
• Don’t wait for a “perfect” solution; that’s already behind the curve.
• Using AI to assist with employment decisions is high risk. Screening tools can pattern match in ways that exclude qualified candidates with non- linear paths (LLMs don’t recognize redemption arcs!).
• State AI/ AEDT laws are proliferating quickly; federal preemption via executive action is possible but uncertain.
• Your existing obligations under the Civil Rights Act and ADA still apply when you use AI. Consider standardizing on an enterprise tool to simplify compliance.
• Practical governance moves include adopting a company- wide AI policy, establishing a governance committee, keeping human oversight for decision making, and training employees on approved tools and safety practices.

Employment Laws

• Compliance is a business risk and should be treated like one
• The single biggest failure is not taking a systematic, programmatic approach to compliance.
• Employment laws are exploding: 59 state/local minimum wage laws, pay transparency requirements, paid sick leave mandates, 150+ background check laws across states, industry- specific rules like nursing parity laws, wage/hour class and collective actions growing.
• Staffing is uniquely at risk because multiple client sites employ varying timekeeping, joint- employer exposure, high turnover (error risk), and franchise/ field execution gaps. Corporate policies can break down on the front lines due to sheer scale.
• Failures happen when compliance is missed and where a new law or rule wasn’t captured/ implemented. They also happen in execution where policy exists, but people/products/tech fail to execute consistently.