For years, the H-1B program has been a critical input into the U.S. technology talent pipeline. Companies relied on a mix of domestically based H-1B engineers and offshore teams who periodically traveled to the U.S. to support key releases. It wasn’t perfect, but it was predictable.
That predictability is now in question.
Recent federal changes—including a new $100,000 supplemental fee on new H-1B petitions filed after September 21, 2025—paired with tighter adjudication standards, state-level restrictions, and the post-Chevron legal environment, have turned what used to be a stable hiring mechanism into a growing delivery risk.
These shifts aren’t about politics or ideology, they’re about operational continuity and executive responsibility. Leaders need strategies that preserve velocity when the rules change faster than the hiring cycles they govern.
The Real Shift: From Hiring Constraint to Delivery Risk
While the new fee does not apply to renewals, it signals clear federal intent: reduce labor arbitrage and push organizations toward domestic and near-domestic talent sources. Meanwhile, states like Florida have proposed limiting H-1B use in higher education and publicly funded institutions, and tighter scrutiny on offshore-based roles increases uncertainty for remote teams traveling intermittently under visa status.
Most leaders aren’t worried about headline policy changes, they’re worried about what happens to delivery when a team structure built around visa-dependent talent becomes unstable.
This is no longer just a hiring problem. It’s a continuity problem.
What We’re Hearing From Executives Right Now
Over the past several months, we’ve spoken with multiple organizations who are proactively restructuring away from visa-dependent teams. A few examples:
- A mid-market enterprise exploring a competitive nearshore squad to benchmark performance against an incumbent India-based team imported under H-1Bs.
- A digital product team moving key workstreams to U.S.-hours delivery after delayed travel approvals slowed a major release cycle.
- An innovation group preparing contingency plans in response to state-level restrictions that could limit H-1B talent participation.
These conversations are accelerating—not hypothetical.
Why Nearshore Is Emerging as a Strategic Alternative
Nearshore delivery does not replace domestic talent, and it doesn’t attempt to “beat” offshore on cost alone. Instead, it reduces dependency on visa pipelines while improving alignment across the delivery lifecycle.
| Challenge | Impact on the Business | Nearshore Advantage |
| Visa dependency introduces regulatory exposure | Release risk, project delays | Talent supply without immigration constraints |
| Offshore time zones slow iteration | Longer feedback loops | U.S. aligned working hours |
| Rising total cost of H-1B imports | Reduced ROI on capacity scaling | Cost-predictable teams without petition overhead |
| Cultural + communication gaps | Misalignment & rework | High cultural fit + integrated collaboration |
This shift isn’t just defensive—it enables leaders to ship faster, integrate teams more tightly, and maintain continuity regardless of immigration policy shifts.
Dualboot’s Nearshore Model: Built for Continuity
Dualboot’s nearshore model—based in LATAM with U.S. based Product Directors and fully aligned with U.S. time zones—offers a predictable, compliance-friendly alternative at a moment when leaders need stability more than ever. Our teams integrate directly into client workflows, providing:
- Continuity without visa constraints
- Cost predictability without petition overhead
- Cultural alignment that accelerates collaboration
- Real-time communication that keeps delivery unblocked
For organizations navigating 2026’s talent uncertainty, this combination is increasingly becoming the new baseline—not a nice-to-have.
A 30-Day Action Plan to Evaluate Exposure
If you’re responsible for engineering delivery heading into 2026, here’s a practical starting point:
✔️ Week 1 — Map Visa Dependency
- Identify systems, squads, and releases tied to H-1B talent
- Understand where visa-related travel or renewals could impact delivery
- Assess your current talent sourcing mix (domestic, offshore, nearshore)
✔️ Week 2 — Assess Risk Scenarios
- What if travel approvals tighten?
- What if state-level restrictions apply to your operations?
✔️ Week 3 — Establish a Competitive Nearshore Pilot
- Stand up a squad that mirrors work from a visa-dependent or offshore team
- Compare velocity, collaboration, and throughput—not just cost
✔️ Week 4 — Build a Continuity Strategy
- Define permanent talent blend: Domestic + Nearshore + Offshore (where appropriate)
- Document expected transitions if policy changes intensify
This isn’t about replacing offshore partners overnight. It’s about preparing your organization before disruption hits.
Technology Leaders Need a New Talent Model
Visa reform isn’t slowing down, and with state-level restrictions emerging, the days of assuming visa-dependent talent will remain stable are ending. The organizations that thrive in this environment will be the ones who build resilience into their delivery model, not the ones who wait for policy to force a reaction.
Leaders who take action now can:
- Future-proof delivery capacity
- Reduce reliance on fragile visa pipelines
- Improve collaboration and speed to market
- Maintain continuity regardless of policy cycles
This is not just about cost or staffing convenience. It’s about ensuring your teams can ship—consistently, predictably, and without disruption—regardless of how immigration policy evolves.
The next era of technical capacity belongs to leaders who design for continuity first and treat risk mitigation as a strategic advantage.
If you’re exploring how these shifts could impact your roadmap, or whether a competitive nearshore squad could strengthen your continuity plan, our team at Dualboot is ready to help you chart the next step.
