The elimination of the extraordinary fee for H-1B visas, the increase in employment-based green cards, 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 United States immigration system is experiencing one of its most dynamic periods in recent years. In just a few weeks, various judicial and administrative decisions have altered the landscape for companies that hire international talent, highly qualified professionals, and entrepreneurs seeking to develop their projects in the country.
Among the most significant developments is the cancellation of the extraordinary fee for new H-1B applications. A federal court in Massachusetts struck down the additional $100.000 fee applied to certain new applications for this visa, ruling that the charge constituted a tax not authorized by the U.S. Congress. Although the government is expected to appeal, and U.S. Citizenship and Immigration Services (USCIS) has not yet announced how it will implement the ruling, the decision reopens the debate about the costs associated with hiring international talent. “Many organizations had reconsidered or even postponed international hiring due to increased immigration costs. If this legal precedent is upheld, it could revive interest in incorporating highly specialized foreign talent, especially in industries with a shortage of professionals,” explains Bianca Junqueira, Co-founder and CRO of Jumpstart.
Another significant change pertains to fiscal year 2026. Because some available family-based visas went unused, approximately 46.000 additional green cards were transferred to employment-based categories. As a result, the annual cap on employment-based permanent residency increased from 140.000 to 186.000 , representing one of the largest increases in recent years. This expansion is already being reflected in the Visa Bulletin and could particularly benefit professionals applying under categories such as EB-1 (extraordinary ability) and EB-2 (professionals with advanced degrees or national interest).
From July 1 to December 31 , the State Department will implement a pilot program allowing certain B-1/B-2 visa applicants to schedule consular interviews in as little as 10 business days for an additional fee of $750 . This measure only expedites the interview scheduling process and does not alter the evaluation criteria or guarantee visa approval. Furthermore, the program will have limited capacity, and the official list of participating consulates has not yet been published. The initiative aims to provide an alternative for corporate travelers, executives, and investors who require faster international travel.
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 international talent mobility mechanisms.
“The United States continues to be a top destination for entrepreneurs, researchers, and highly skilled professionals. The evolution of the regulatory framework demonstrates that understanding immigration changes is no longer just a legal matter, but also a strategic advantage for companies and individuals competing in a global market,” Junqueira concludes.
Bianca Junqueira,
Co-founder and CRO of Jumpstart.
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