Trump Signs Order Tightening H-1B Scrutiny for Layoff-Prone Employers

President Donald Trump signed an executive order on September 18, 2026, directing federal agencies to increase scrutiny of employers who use the H-1B visa program while laying off American workers. The order requires the Departments of State, Labor, and Homeland Security to consider whether a sponsoring employer has recently laid off or plans to lay off similarly situated U.S. workers when processing H-1B applications, petitions, visas, and entry requests. The executive order sets a 30-day deadline for the Department of Labor's Wage and Hour Division to begin reviewing data from previously submitted labor condition applications to determine if further action against sponsoring employers is warranted. The White House stated the order aims to enhance program integrity and interagency coordination. Alongside the executive order, Trump issued a presidential proclamation extending a $100,000 fee requirement for certain H-1B petitions for another year, through September 21, 2027. The fee, first imposed in September 2025, applies to H-1B specialty occupation workers who are outside the United States and seek to enter the country. It does not apply to foreign students already in the U.