The White House recently released an executive order on September 18th, 2026. It calls for increased collaboration between DHS, DOL and DOS when dealing with the H-1B visa. Additionally, the Department of Commerce, Department of Education and Small Business Administration will give wage data and other information to these departments.
Also on September 18th the President proclaimed that the $100,000 H-1B visa payment will remain in effect for another 12 months until September 21st, 2027. This payment will continue to apply to petitioners filing for workers outside the US. Read together, the two actions show the government plans to look harder at H-1B employers at every stage of the process. Read together, the two actions show the government plans to look harder at H-1B employers at every stage of the process.
What the Order Requires
If an agency is looking over an H-1B petition they will have to take into account if the employer has laid off employees within the last year. Or will be doing so in the future. If these employees are US Citizens who hold similar positions as the H-1B employee they are petitioning for. They will now look at an employers history of layoffs when petitioning for H-1B workers.
This layoff review applies to:
- Labor Condition Applications (LCAs).
- H-1B petitions.
- H-1B visa applications.
- Applications for admission to the U.S. in H-1B status.
There is the phrase “directly or indirectly”. If you work for a staffing agency or place people at other company locations, you may be asked if there were any layoffs at your end client location as well as your company.
This will be applied to past LCA’s as well. The DOL Wage and Hour Division will have 30 days to begin pulling information from previous filed LCA’s and see if they need to take further action against employers that have filed in the past.
What Employers Should Know
Currently, filing requirements for H-1B petitions remain unchanged. However, the order authorizes agencies to issue new rules and guidance, so changes may occur quickly. Employers sponsoring H-1B workers should review:
- Layoff and workforce reduction practices, including any planned reductions.
- H-1B compliance procedures and public access files.
- LCA documentation and attestations.
- Wage levels and job classifications.
- Supporting evidence for current and upcoming filings.
Employers should also prepare for increased compliance reviews, greater scrutiny of LCA attestations, additional Requests for Evidence, and a potential rise in DOL investigations.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.