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H-1B ·
Executive order tells agencies to weigh layoffs when reviewing H-1B filings
On September 18, 2026, the President signed an executive order titled "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program." It directs the Departments of Labor, Homeland Security, and State to consider an employer's recent or planned layoffs of similar U.S. workers when reviewing H-1B labor condition applications, petitions, and visas.
Confirmed
- Agencies must consider an employer's recent or planned layoffs of similarly situated U.S. workers when reviewing H-1B labor condition applications, petitions, and visas.
- DOL has 30 days to review data from past labor condition applications and identify employers that may warrant further action under existing law.
- The order calls for closer coordination among the Departments of State, Labor, Homeland Security, Commerce, and Education.
- The order does not itself ban sponsoring H-1B workers after layoffs.
Still unclear
- How agencies will apply the order in individual cases, and whether new regulations will follow.
- Which employers DOL will flag after its review of past filings.
Key dates
- Executive order signed
- DOL's 30-day review of past LCA filings is due