2026 Global Mobility Compliance Guide

AB 692 prohibits employers from requiring employees to repay relocation costs upon termination. This includes:

• Relocation repayment clauses: "Repay $50,000 if you resign within 12 months"
• Training cost recovery: "Repay certification costs if you leave within 2 years"
• Visa cost clawbacks: "Repay H-1B filing costs upon resignation"

All such provisions become void and unenforceable as of January 1, 2026, with penalties of $5,000+ per worker.

The solution: Replace punitive clawbacks with positive retention incentives. Instead of "repay $50k if you leave in 12 months," structure as "$25k upfront + $25k retention bonus at 12 months." Industry data shows only 15-25% of triggered clawbacks are successfully collected anyway—retention bonuses often yield better outcomes while eliminating legal risk.

EES (Entry/Exit System): Biometric scanning (fingerprints, facial recognition) replaces passport stamps at EU borders. Rolling out Q1 2026. This means automated 90/180-day tracking with no more honor-system counting.

ETIAS (European Travel Information and Authorisation System): Pre-travel authorization required for visa-exempt travelers, similar to the US ESTA. €7 fee, valid 3 years, must be approved before travel. Expected late 2026.

The 90/180-day rule now has teeth: Non-EU citizens can spend maximum 90 days within any 180-day period in the Schengen Area. This rule always existed, but enforcement was spotty. EES changes everything—automated counting, border gate alerts, and potential entry denial for travelers approaching their limit.

Action required: Audit your business traveler population now. Identify anyone making frequent EU trips—especially sales executives, consultants, and "commuter" employees. If they're approaching 90 days annually, they need a work visa or restructured travel schedule before EES goes live.

The UK Skilled Worker visa minimum salary threshold has increased to £38,700 general threshold (effectively £41,700 when accounting for "going rate" requirements). This is a 48-59% increase from previous thresholds.

Impact on mobility programs:

• Junior rotations at risk: Many early-career rotation programs are now legally impossible—junior salaries don't meet the threshold
• Graduate programs affected: Entry-level hires from outside the UK may no longer qualify for sponsorship
• Cost increases: To meet thresholds, companies must either increase salaries or abandon UK placements for certain roles
• Internal equity issues: Raising sponsored employee salaries creates pressure on domestic employee compensation

Action required: Review UK tiered policies immediately. Audit any planned moves for employees earning under £41,700. Explore alternatives: remote work arrangements, different locations, or restructured compensation.

Canada's 2026-2028 Immigration Levels Plan deliberately restricts temporary resident admissions:

• International students: ~300,000 → ~150,000 (-50%)
• Temporary foreign workers: -37% from baseline
• Overall temporary residents: ~800,000 → ~500,000 (-37%)

Operational implications:

• Longer processing times: As IRCC reduces volumes, expect backlogs and slower adjudication
• Higher rejection rates: Officers will scrutinize applications more carefully
• Earlier planning required: Start visa assessments 3+ months earlier than historical timelines

Strategic consideration: If your contingency for US visa issues has been "move them to Toronto instead," that backup plan needs revisiting. Canada is no longer the automatic overflow valve for US visa denials.

Both California's SB 253 and the EU's CSRD require Scope 3 emissions reporting that includes relocation. Reports due in 2027 cover 2026 calendar year data—so data collection must start now.

Who must report:

• SB 253: US companies with $1B+ revenue doing business in California
• EU CSRD: Large companies with significant EU presence/revenue

Data you need from relocation vendors:

• Total weight shipped (lbs/kg)
• Total distance traveled (miles/km)
• Mode of transport (air, ocean, rail, truck)
• Fuel type used (diesel, electric, hybrid)

Both regimes follow GHG Protocol standards. You need aggregate data, not per-shipment manifests. Relocation falls under Category 4 (Upstream Transportation) and Category 6 (Business Travel).

This is a nuanced question that requires legal counsel review. The general principle: AB 692 applies to employees who work in California.

The gray area: If an employee is based in Nevada but works at your San Francisco HQ three days per week, do they fall under AB 692? What about remote employees who occasionally travel to California offices?

Recommended action: Consult employment counsel to audit hybrid classifications before assuming out-of-state employees are exempt. The safest approach for national companies may be to eliminate clawbacks entirely and shift to retention bonus models across all US employees.