The recent policy shift around H-1B visas — most notably the new $100,000 application fee for overseas petitions — has sent ripples through the IT services ecosystem. For many vendors who rely on global talent mobility, the impact is real: higher costs, potential staffing delays, and new compliance hurdles.
If you’re an IT or Sourcing Leader, now is the time to pause, take stock, and have some open conversations with your vendors. Not in a finger-pointing way, but in the spirit of partnership and proactive risk management.
Here are some areas worth exploring with your vendors:
1. Understanding Your Current Footprint
Begin with the basics: how many people on your projects are already here on H-1B status versus those who might need to be brought in next year? The 2025 policy doesn’t penalize renewals, so the bigger concern is whether vendors plan to import fresh talent in 2026. That’s where costs and risks spike.
2. Cost Impact: Who Carries the Burden?
A $100,000 fee per application is a big number. It’s fair to ask: how are your vendors planning to handle that? Will they absorb it, spread it across clients, or pass it directly into project costs? Having this conversation now avoids surprises in future invoices.
3. Delivery and Staffing Continuity
2026 roadmaps likely include major projects — cloud migrations, AI pilots, or system overhauls — that vendors may have planned to staff with global talent. Ask vendors directly:
- Do they have contingency plans if overseas hires become cost-prohibitive?
- Are they strengthening their U.S. bench or expanding nearshore options?
- How will they guarantee delivery timelines if new visas slow things down?
4. Governance and Compliance Check
Next year will be a transition period as DHS and USCIS clarify rules and implement wage-based prioritization. Strong vendors should be monitoring this closely and advising you on downstream impact. Don’t just assume compliance — ask what legal or immigration resources they’re leaning on to interpret the policy.
5. Contract Flexibility for 2026
This is the perfect window to revisit your contracts before 2026 projects lock in. Look for:
- Clauses covering “change of law” or cost adjustments tied to visas.
- Substitution rights if resources can’t be deployed.
- Transparency obligations around staffing mix (visa status, geography).
6. Shifts in Talent Strategy
The big strategic question for 2026: are your vendors adapting? That means:
- Increasing local hiring in the U.S.
- Accelerating offshore delivery from countries not affected by H-1B policies.
- Upskilling or cross-training staff to reduce dependency on imported roles.
How vendors answer this question will tell you whether they’re preparing for resilience — or hoping the rules get reversed.
7. Building Transparency Into Governance
For 2026, ask vendors to bake immigration risk updates into quarterly business reviews. Workforce mix reports (onshore/offshore, visa status), cost exposure updates, and a named point of contact for visa issues will help you stay ahead of surprises.
Final Thought: 2026 Is the First Real Test
Because this policy applies to new H-1B petitions, the first true impact will show up in 2026 staffing and budgets. That gives you a rare advantage: time. Use it wisely.
The vendors who have a clear plan — for talent, costs, and compliance — will be the ones you can trust to deliver next year. Those who don’t? Well, 2026 may expose some uncomfortable truths.
