Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

This post is the first in a series designed to help foreign companies navigate U.S. expansion with clarity and confidence. In the months ahead, we will explore key issues ranging from market-entry structures and regulatory risk to defense-industry considerations, intellectual property protection, workforce strategy and beyond.

core/paragraph

core/separator

In early 2026, the United States continues to attract unprecedented levels of investment across advanced manufacturing, clean energy, defense and critical technologies — driven by a combination of market size, innovation capacity and long-term federal investment commitments. For example, the U.S. government recently announced a $1.6 billion investment in a domestic rare-earth minerals producer to strengthen supply chains essential to high-tech and defense industries, a move widely reported as a major escalation in industrial policy aimed at securing strategic inputs. At the same time, policymakers have signaled that access to this market increasingly comes with heightened expectations around compliance, governance and supply-chain resilience, as federal initiatives to bolster domestic manufacturing and clean energy supply chains accelerate.

For decades, the U. S. has remained one of the most attractive markets in the world for foreign companies seeking growth, stability and access to innovation. That appeal has not diminished, but the conditions under which companies enter and operate in the U.S. market have changed meaningfully. What was once a relatively flexible, compliance-as-you-go environment has evolved into one in which proactive planning and strategic sequencing are critical to avoiding delays, increased costs, and regulatory friction.

As we move into 2026, foreign companies considering U.S. expansion face:

A backdrop of evolving trade and industrial policy.

core/list-item

A renewed emphasis on securing supply chains for sectors foundational to both economic strength and national security.

core/list

At the same time, substantial investments in infrastructure, technology, advanced manufacturing and defense continue to attract capital and create opportunities for companies that understand how to navigate a more complex operating environment. Taken together, these forces make 2026 a defining year for foreign companies entering the U.S. market and highlight why thoughtful, goal-driven planning at the outset matters more than ever.

What’s Different Now: The Current Environment for U.S. Expansion

Several developments help explain why 2026 represents an inflection point and why early strategic decisions carry greater weight than in the past.

U.S. industrial and trade policy has become more interventionist. Federal actions to strengthen domestic capabilities in critical sectors — from rare earths and semiconductors to advanced manufacturing and defense technologies — are reshaping where and how business is done. For foreign companies operating in or adjacent to these sectors, U.S. expansion can present meaningful opportunities, but only if regulatory, ownership and compliance issues are addressed early.

National security considerations now extend well beyond traditional defense contractors. Technology companies, data-driven businesses, advanced manufacturers and companies with cross-border research and development operations increasingly find themselves subject to export controls, investment reviews and heightened compliance expectations that did not exist a decade ago.

Enforcement culture in the U.S. remains robust. Regulators expect proactive compliance, not reactive fixes. Companies that approach U.S. expansion with a “we’ll address it later” mindset often discover that early structural decisions — including entity formation, ownership, governance and workforce planning — are difficult and costly to unwind once operations are underway.

The global workforce landscape continues to evolve. Even as remote work expands, physical presence, leadership deployment and access to specialized talent remain critical to successful U.S. operations. Immigration, employment and compliance considerations are no longer siloed issues; they are integral components of a broader market-entry strategy.

Why Structure Matters More Than Ever — Common Mistakes Foreign Companies Make

For many foreign companies, U.S. expansion still begins with familiar questions. Should we form a subsidiary or operate through a branch? Where should we incorporate? Who should lead U.S. operations? How quickly can we begin hiring or transferring personnel?

Despite increased awareness, many foreign companies entering the U.S. market continue to underestimate the complexity and risk of the U.S. litigation environment. Product liability exposure, in particular, is far broader and more plaintiff-friendly than in many other jurisdictions, with class actions, jury trials and expansive discovery posing significant financial and reputational risks. Employment-related claims — ranging from wage and hour disputes to discrimination and wrongful termination — are similarly high-stakes and often arise early in U.S. operations. In 2026, these risks are amplified by heightened regulatory enforcement and a more sophisticated plaintiffs’ bar, making proactive risk management essential rather than optional.

Another persistent — and costly — mistake is assuming that U.S. compliance can be handled through a one-size-fits-all approach. While federal law sets certain baselines, the reality is that state and even local regulations govern critical areas such as employment, data privacy, tax, environmental compliance and product standards. A structure or policy that works well in one state may be noncompliant in another. As companies expand across multiple jurisdictions, failing to account for these differences can quickly lead to regulatory exposure, operational inefficiencies and unanticipated costs.

Foreign companies also frequently treat U.S. market entry as a legal checklist rather than a broader business strategy. Incorporating an entity, drafting contracts and registering to do business are necessary steps — but they are not a strategy. When legal decisions are made in isolation from commercial goals, companies risk building structures that limit flexibility, slow growth or misalign with their long-term U.S. objectives. In 2026, with competition for talent, incentives and market share intensifying, strategic misalignment at the outset can be difficult and expensive to unwind.

Finally, many companies wait too long to localize their contracts, internal policies and governance frameworks. Relying on non-U.S. templates or global policies may seem efficient at first, but it often creates confusion for U.S. employees, weakens enforceability and increases exposure in litigation or audits. Localizing documentation early — reflecting U.S. legal standards, cultural expectations and operational realities — helps establish credibility, reduce risk and support scalable growth from day one.

Timing is a critical factor for foreign companies considering U.S. expansion, and 2026 presents a unique window of opportunity. Federal, state and local incentives are widely available, particularly in manufacturing, energy, mobility and technology sectors — but competition for these incentives is intensifying. Companies that move early are better positioned to secure favorable packages, while late entrants may find funding pools depleted or terms less attractive.

Early movers also gain a significant advantage in site selection, talent acquisition and partnership development. As demand for skilled labor and prime locations increases, companies that establish a presence sooner have greater leverage and choice. In contrast, delayed entry can result in higher costs, longer timelines and fewer strategic options.

Importantly, regulatory frameworks in the U.S. are stabilizing rather than loosening. While complexity remains, companies now have greater clarity around compliance expectations in areas such as trade, data privacy, employment and ESG. This stability rewards proactive planning and penalizes reactive approaches — making 2026 an ideal moment for well-prepared companies to enter the market with confidence.

Finally, brand perception in the U.S. is increasingly tied to local presence. Customers, partners and regulators alike place greater trust in companies that demonstrate a long-term commitment to the U.S. market through local operations, leadership and investment. In 2026, establishing that presence early can shape brand credibility and competitive positioning for years to come.

The U.S. market remains open, dynamic and full of opportunity for foreign companies. But the rules of engagement are more complex than they once were, and the margin for error is smaller.

As 2026 progresses, foreign companies that invest time in understanding the current landscape and in structuring their U.S. operations thoughtfully from the outset will be best positioned to succeed. Those that do not may find that regulatory friction, compliance surprises or structural limitations impede growth just as momentum builds.

For companies considering their next step into the U.S. market, the message is clear: the opportunity is real, but so is the need for strategic planning. Warner’s International Business &amp; Trade team brings together attorneys across corporate, trade, regulatory, intellectual property and immigration practices to help foreign companies navigate the legal and strategic complexities of entering and operating in the U.S. market. By working collaboratively across disciplines and focusing first on a client’s business objectives, the team supports companies at every stage of U.S. expansion, from initial market entry through long-term growth and compliance.

Partner

Sarah R. Bileti

Senior Business Development Executive

Carlotta C. Gmachl

International Business and Trade

The U.S. Expansion Playbook: Why 2026 is a Defining Year for Foreign Companies Entering the U.S. Market

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000.

The U.S. Expansion Playbook: Why 2026 is a Defining Year for Foreign Companies Entering the U.S. Market

professionals