New global mobility challenges: a guide for multinational corporations in 2026

Hon Mimi Tsankov (Retired)

Law Office of Mimi Tsankov, New York

mimi.tsankov@gmail.com

US employment immigration is undergoing a seismic shift. What has for years been a relatively predictable system for a wide range of workers is being replaced by one that prioritises high wages over volume and enforcement over facilitation. Multinational corporations and global mobility leaders are finding that they need to adapt quickly to this transforming environment, and global mobility is shifting away from tactical recruiting as missteps can create high-stakes strategic risk.

Over the past four months, the Trump administration has implemented a series of new regulations and these changes have fundamentally altered the calculus for hiring foreign talent in the US. One of the more disruptive changes is Presidential Proclamation 10973, which mandates a $100,000 fee for any new H-1B visa petition filed on behalf of a worker currently outside the US.

While extensions and change-of-status filings (for those already in the US, such as students on Optional Practical Training (OPT)) remain at standard fee levels, the ‘importation’ of talent through the H-1B process (specialty occupations with at least a bachelor’s degree) has become prohibitively expensive for all but the most critical roles. This new policy has single-handedly ended high-volume offshore hiring for mid-level technical roles.

If that were not enough, as of this March 2026 open registration season, the Department of Homeland Security (DHS) has replaced the random H-1B lottery with a weighted selection process. Under this revised system, the probability of selection is tied directly to the wage level offered:

• Level IV (Highest wage level): 4 x chances of selection.
• Level III: 3 x chances.
• Level II: 2 x chances.
• Level I (Entry-level wage level): 1 x chance.

Critics point out that this shift has created a ‘pay-to-play’ environment, in which companies seeking to hire entry-level researchers or junior engineers now face a statistical disadvantage. On the other hand, those willing to pay the highest-level salaries have nearly guaranteed access to the visa cap.

The third change shocking the system is the implementation of new ‘vetting protocols’ which involve intensified screening procedures for foreign nationals seeking entry into the US, and which prioritise national security. These measures involve rigorous social media reviews, enhanced background checks and scrutiny of travel/employment history, and often target individuals from countries designated as high-risk. This new policy requires that foreign nationals disclose their social media handles and ensure public visibility to allow consular officers to scrutinise their public footprint. Furthermore, since intensive screening takes time, it has resulted in extensive delays at consulate offices, while expanded biometric screening at ports of entry has resulted in more ‘secondary inspections’.

Businesses are facing significant, often unpredictable delays for their business travellers, and this is prompting shifts in mobility strategies. To make matters even more difficult, for those in the US, Employment Authorization Documents (EADs) have had their validity reduced to 18 months, which has hampered continued employment, while new applications are often subject to lengthy delays. Human resources departments are facing a near-constant cycle of I-9 reverification requirements. Faced with these hurdles, companies are no longer asking how to bring talent to the US, but whether the US is the right place for that talent.

This uncertainty has triggered a massive migration of work-from-anywhere roles to other countries, including Canada, Mexico and Ireland. Global mobility is shifting from a model that drew talent to US corporate headquarters to a distributed model. US visas are reserved exclusively for C-suite and specialised talent deemed to be mission critical, with the $100,000 fee a negligible fraction of the total compensation package. Many firms are now discouraging international travel for existing H-1B holders due to the risk of ‘administrative processing’ or entry denials, leading to a workforce that is physically present in the US but unable to visit global offices.

The administrative burden with all of these changes has transitioned from predictable legal fees to increasing operational overhead. The PERM Labor Certification process now takes upwards of 500 days. This delay, combined with the new wage requirements, means that a foreign hire must be ‘planned’ nearly two years in advance to avoid a gap in work authorisation.

Current projections for the remainder of this year suggest that for the first time in half a century, net migration to the US could be negative. When one considers the administration’s aggressive removal posture, departures due to burdensome visa challenges and the high barrier to entry, the overall result is a labour vacuum in specialised sectors such as healthcare and AI research. Small- to mid-sized enterprises are finding themselves priced out of the international talent market, and the H-1B pool seems likely to be dominated by ‘Big Tech’ firms and high-margin financial institutions.

The 2026 immigration landscape is one of high stakes and high costs. For a company to remain competitive, the global mobility function is shifting out of the HR realm and into the boardroom. Immigration is no longer just a ‘legal process’ – it is a capital expenditure and a geopolitical strategy. As the US continues to prioritise ‘merit’ through the lens of high compensation, the global race for talent will only intensify, with the winners being those who can most flexibly deploy their workforce across borders that are becoming increasingly ‘thick’.