On September 18, 2026, President Trump issued an directing the U.S. Departments of Labor (DOL), Homeland Security (DHS), and State to coordinate more closely on H-1B program administration and take into consideration employers’ recent or planned layoffs.
The executive order calls for layoff-related information to be considered across H-1B filings, potentially increasing scrutiny of employers whose workforce reductions overlap with sponsored positions.
The executive order directs the secretaries of state, labor, and homeland security to consider whether an employer conducted layoffs within the prior year or plans future layoffs affecting similarly situated U.S. workers when adjudicating H-1B-related filings.
Employers could see additional scrutiny at multiple points in the H-1B process, including DOL Labor Condition Application (LCA) review, U.S. Citizenship and Immigration Services (USCIS) petition adjudication, consular visa issuance, and admission at the border.
Additional agency action may be needed to determine how the directive will be applied in practice.
For additional analysis, see ×ÔοÊÓƵ’s immigration counsel’s