The cancellation of the extraordinary fee for H-1B visas, the increase of green cards for employment, and a program to expedite business visa interviews could facilitate access for companies and professionals to the U.S. market during fiscal year 2026.
The immigration system of the United States is going through one of its most dynamic moments in recent years. In just a few weeks, various judicial and administrative decisions have changed the landscape for companies hiring international talent, highly skilled professionals, and entrepreneurs looking to develop their projects in the country.
Among the most relevant news is the cancellation of the extraordinary fee for new H-1B applications. A federal court in Massachusetts annulled the additional fee of USD 100,000 that applied to certain new applications for that visa, considering that such a charge constituted a tax that had not been authorized by the U.S. Congress. Although it is expected that the Government will file an appeal and the U.S. Citizenship and Immigration Services (USCIS) has not yet communicated how it will implement the ruling, the decision reopens the debate on the costs associated with hiring international talent. "Many organizations had reconsidered or even postponed international hiring due to the increase in immigration costs. If this judicial criterion is consolidated, interest in incorporating highly specialized foreign talent could be reactivated, especially in industries where there is a shortage of professionals," explains Bianca Junqueira, Co-founder and CRO of Jumpstart.
Another of the most relevant news corresponds to fiscal year 2026. Because part of the available family visas were not used, approximately 46,000 additional green cards were transferred to employment-based categories. As a result, the annual limit for employment-based permanent residencies increased from 140,000 to 186,000, which represents one of the largest increases recorded in recent years. This expansion is already beginning to be reflected in the advances published by the Visa Bulletin and could especially benefit professionals applying under categories such as EB-1 (extraordinary abilities) and EB-2 (professionals with advanced degrees or national interest).
Starting from July 1 and until December 31, the Department of State will implement a pilot program that will allow certain visa applicants B-1/B-2 to access consular interviews within a period of up to 10 business days, by paying an additional fee of USD 750. The measure only accelerates the scheduling of the interview and does not modify the evaluation criteria nor guarantee the approval of the visa. Additionally, the program will have limited capacity and the official list of participating consulates has not yet been published. The initiative seeks to offer an alternative for corporate travelers, executives, and investors who require international travel more quickly.
A more favorable scenario for talent mobility
Although several of these measures still depend on judicial processes or their administrative implementation, the changes reflect a trend towards greater flexibility in some mechanisms of international talent mobility.
"The United States continues to be one of the main destinations for entrepreneurs, researchers, and highly skilled professionals. The evolution of the regulatory framework shows that understanding migratory changes is no longer just a legal issue, but also a strategic advantage for companies and individuals competing in a global market," concludes Junqueira.