2026 Order Mandates Layoff Reviews in H-1B Visa Filings
A 2026 executive order requires federal agencies to review layoffs in H-1B visa filings within the past year.
Why it matters: Employers using H-1B visas must navigate new scrutiny on layoff practices linked to visa petitions, impacting compliance and HR policies.
- President Biden signed the order on September 18, 2026.
- Departments of Homeland Security, Labor, and State must review employer layoffs affecting similar U.S. workers in H-1B filings from the past year.
- Labor Department's Wage and Hour Division has 30 days to review prior Labor Condition Applications (LCAs) for enforcement.
- The order extends the $100,000 H-1B fee through September 21, 2027, though enforcement is blocked by ongoing litigation.
On September 18, 2026, President Biden signed the executive order titled "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program". It directs the Departments of Homeland Security (DHS), Labor (DOL), and State (DOS) to collaborate on reviewing employer layoffs linked to H-1B visa petitions and related filings.
The agencies must examine if employers have laid off, or plan to lay off, U.S. workers in similar roles to those of the H-1B visa beneficiaries within the past year. "Similar roles" means positions with comparable duties and requirements. This review applies to H-1B petitions, visa applications, and Labor Condition Applications (LCAs)—documents where employers certify wage and working conditions for visa workers.
According to an analysis from the Department of Homeland Security, agencies will also factor in broader labor market and economic data to assess the impact of layoffs on U.S. workers.
The DOL's Wage and Hour Division is tasked with reviewing LCAs submitted in the last year, with a 30-day deadline to identify potential enforcement actions. Attorney Daniela Medrano Sullivan at Ogletree Deakins points out that this increases compliance scrutiny for employers sponsoring H-1B workers.
The order also extends the existing $100,000 fee on certain H-1B petitions through September 21, 2027. This fee, intended to fund visa oversight, remains subject to a court injunction blocking its enforcement, as detailed by legal experts at Goel Law.
While the order aims to protect U.S. workers from layoffs linked to H-1B hiring, some terms, such as "similar roles," lack precise definition. Agencies are expected to issue further guidance on consistent application. Employers should monitor updates closely to ensure compliance.
By the numbers:
- September 18, 2026 — date the executive order was signed
- 30 days — deadline for Department of Labor to review prior LCAs
- $100,000 — extended H-1B petition fee through September 2027, currently blocked by litigation
Yes, but: Enforcement of the $100,000 H-1B petition fee is currently blocked by an ongoing court injunction, limiting immediate financial impact.
What's next: Agencies are expected to release detailed guidance clarifying key terms and review procedures in coming months.