The U.S. technology sector has long relied on the H-1B visa program to bring highly skilled engineers, developers, and IT specialists into the country. For many companies, this pathway has been crucial in filling roles in cloud computing, artificial intelligence, DevOps, and cybersecurity fields where domestic talent supply often struggles to meet demand.
But in September 2025, the U.S. Citizenship and Immigration Services (USCIS) announced a dramatic change that is already reshaping hiring strategies. Employers categorized as “H-1B dependent,” those with a significant percentage of H-1B workers in their workforce, will now be required to pay an additional $100,000 fee for each H-1B petition filed.
This update is more than just a financial inconvenience. It could fundamentally alter how companies of all sizes—startups, mid-sized businesses, and enterprises—approach workforce planning, staffing, and global talent acquisition.
In this evolving business landscape, organizations must diversify their workforce, considering both the best resources and a global presence through nearshoring in LATAM.
What Employers Face Under the New Rule
H-1B dependent employers already navigate strict compliance measures, including proving they have attempted to recruit U.S. workers first and certifying that hiring foreign nationals will not displace American employees. With the new six-figure fee layered on top, the barrier to entry has increased dramatically.
Startups and Growth-Stage Companies: Many young companies depend on specialized skill sets to build products quickly. For them, a $100,000 fee per petition is simply not feasible, effectively closing the door on leveraging H-1B hires in early-stage growth.
Mid-Sized Companies: Businesses with a handful of H-1B workers now face difficult choices: absorb the costs and cut into margins, or delay projects while seeking scarce local talent.
Large Enterprises: Even Fortune 500 firms will feel the impact. Companies that sponsor dozens or hundreds of H-1B visas annually could see workforce costs balloon by millions.
Across the board, the regulation adds complexity, delays, and steep costs to an already competitive hiring environment.
Why U.S. Companies Will Struggle to Compete
The H-1B program has historically been one of the few reliable ways to access global talent in specialized areas. Limiting it through high fees has several downstream effects:
Reduced Access to Skilled Labor: Roles in software development, data science, and systems engineering are already difficult to fill domestically. The new fee discourages employers from hiring qualified international candidates, widening the skills gap.
Rising Project Costs: Beyond the six-figure fee, companies face legal, administrative, and relocation expenses. For projects with multiple hires, totals can reach into the millions.
Delays in Product Development: Every additional layer of complexity slows hiring, potentially allowing competitors to gain market advantage.
Strain on Diversity and Innovation: The H-1B program has been a key driver of diversity in U.S. tech teams. Limiting access reduces the variety of perspectives that often spark innovation.
On paper, the rule may protect U.S. jobs, but in practice, it risks making companies less agile and globally competitive.
What This Means for Developers
The new H-1B fee changes more than company budgets; it is altering career trajectories for engineers. Among the community, it has sparked widespread discussion, reflecting frustration, concern, and pragmatism.
Smaller company teams, in particular, worry that international hiring may no longer be feasible. As one developer explains, “As a small company, absorbing a $100,000 fee per H-1B petition is unfeasible. We’re now considering alternatives like remote collaborations or nearshore hiring to continue our growth.” Many also anticipate that companies may prioritize local candidates to avoid the high costs, further narrowing opportunities. In response, the community is now pivoting.
Some are exploring remote or nearshore roles that allow them to collaborate with U.S.-based teams without visa-related hurdles. Others see this as a catalyst for talent migration. Developers who once dreamed of U.S. opportunities may increasingly look to countries with more favorable visa policies, such as the UAE. One expressed, “This policy feels like a barrier between me and my aspirations. I had always dreamed of contributing to tech innovations in the U.S., but now I’m questioning if that’s even possible.”
These conversations underscore a broader reality: the new fee is reshaping both employer strategies and the ways developers chart their careers. As opportunities shift, global tech talent is adapting, creating ripple effects that extend far beyond U.S. borders.
Rethinking Global Talent: Remote and Nearshore Options
Given these challenges, U.S. companies are reevaluating how they access global talent. Remote hiring through nearshoring and staff augmentation is gaining traction.
Instead of bringing engineers into the U.S. via H-1B visas, companies can build distributed teams in nearby countries. This approach eliminates visa costs and compliance risks while still tapping into specialized skills.
Competitive Advantages of Remote and Nearshore Talent:
Cost Efficiency: Resources can be redirected from visa fees to salaries, training, and project investment.
Talent Availability: Regions like Latin America have a large pool of developers experienced in Go, Rust, Kubernetes, cloud-native development, and AI/ML.
Time Zone Compatibility: Nearshore engineers work in overlapping time zones, enabling real-time collaboration and agile workflows.
Scalability: Staff augmentation models allow companies to scale teams up or down without long-term visa commitments.
Reduced Risk: Remote hiring bypasses uncertainty around changing U.S. immigration laws and high visa costs.
From Visa Dependency to Distributed Teams
The new H-1B fee is not just a policy tweak; it signals a broader shift in how the labor market may evolve. Forward-thinking organizations are moving toward hybrid models that combine local U.S. hires with distributed nearshore teams. This balances compliance with cost-efficiency and creates resilience against future policy changes.
By treating remote and nearshore hiring as a long-term strategy rather than a temporary workaround, businesses can remain competitive even in a restrictive regulatory environment.
Navigating the New Hiring Landscape
For U.S. Employers:
The fee forces businesses to rethink the economics of international hiring. Companies must decide whether to absorb unsustainable costs or embrace new ways of building teams. Remote staff augmentation and nearshoring offer access to top-tier engineers, reduce financial risk, and keep projects moving without visa bottlenecks. Those who adapt quickly gain a strategic advantage in building scalable, diverse, and resilient teams.
For Developers:
Developers pursuing U.S. opportunities may face barriers, but remote and nearshore roles offer alternative pathways to contribute to global projects. Staying flexible, keeping skills current, and understanding market shifts will help engineers remain in high demand.
If your company is facing challenges due to the new $100,000 H-1B fee, now is the time to explore alternatives such as nearshoring and remote staff augmentation. These models give you access to highly skilled developers and engineers without the added costs, delays, or compliance issues tied to traditional visa sponsorship.
At Ardan Labs, we specialize in building distributed teams that integrate seamlessly into your existing workflows. Explore how we can help you navigate the new hiring landscape and continue driving innovation without H-1B hurdles.
Through our Staff Augmentation solutions, you can scale engineering capacity on demand, ensuring projects move forward without compromise.
Our Nearshoring solutions provide cost-effective, scalable, and efficient ways to strengthen your development team and stay competitive without being constrained by shifting immigration policies.
