You can’ t control how fast things move. But you can control whether your workforce model is built to handle the changes or set up to be caught off guard again
________________________________________________________________________________________________________ Labor
Risk
Inherited, not decided
Organizations that have already done this analysis are, not surprisingly, more comfortable operating in today’ s environment than those that haven’ t. According to Atlas HXM’ s Global Atlas Report 2026, a survey of 425 senior HR and business decision-makers, 68 percent of organizations worldwide say shifting immigration policy speeds up their hiring decisions rather than slows them down. That confidence doesn’ t come from ignoring the risk. It comes from having assessed it before the pressure hit.
This assessment starts with a practical question: Which business-critical functions would stall if a certain visa category became too expensive or bogged down in paperwork? Answering honestly means acknowledging real complexity. Processing times vary by jurisdiction, eligibility rules differ by industry and situation, and there’ s rarely a simple replacement once a pathway closes. That’ s exactly why you need to assess this risk before a headline forces your hand. You can’ t run this analysis well under deadline pressure, yet that’ s when most organizations try to do it.
There’ s also a hidden cost here, and it’ s often underestimated. Uncertainty tends to create quiet hiring freezes, not a formal stop, but a slow drift toward delay as organizations wait for clarity that may never come. Open roles cost money. So does the gradual buildup of deferred decisions, which stack up before anyone notices. That same Global Atlas Report found that 52 percent of organizations plan to expand their international workforce over the next 18 months, up from 40 percent last year. The organizations moving forward aren’ t betting on a specific policy. More likely, they’ ve built workforce models flexible enough that they don’ t have to.
This is where legal’ s role goes beyond reading the latest rule change. Immigration questions rarely stand alone. They overlap with tax residency, employment law, data privacy, and permanent-establishment exposure, often all in the same deal or hiring choice. Legal teams who see the full picture can help shape
You can’ t control how fast things move. But you can control whether your workforce model is built to handle the changes or set up to be caught off guard again
workforce strategy earlier, not just review it after the business has already locked in a structure. That’ s a very different( and much more valuable) role than legal has typically played in workforce planning, one worth claiming on purpose, not by accident.
Optionality, not certainty
None of this is about eliminating risk, which almost never works and shouldn’ t be the goal. It’ s about not building a workforce strategy that quietly depends on stable regulations, especially when stability isn’ t realistic. Optionality, not just picking one answer for where roles should sit but working deliberately to keep choices open before the next disruption, makes for a more realistic, more defensible strategy to bring to the board.
Regulatory changes will continue. Courts, legislatures, and agencies don’ t coordinate with each other, or with your hiring plan. You can’ t control how fast things move. But you can control whether your workforce model is built to handle the changes or set up to be caught off guard again. ■
Emily Tupy www. atlashxm. com
Emily Tupy is Assistant General Counsel and Director of Commercial Law at Atlas HXM, a direct Employer of Record operating entities in 160 + countries. Atlas HXM enables organizations to expand, onboard, manage, and pay international teams through one single platform, with compliance designed into every step of the employee lifecycle.
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