Alongside the renewal of the $100,000 H-1B entry restriction, President Trump signed a separate executive order on September 18, 2026, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program. The proclamation deals with who may enter. The order deals with how H-1B filings are reviewed, and two of its directives could affect employers and workers directly.
1. Layoffs become a review factor. Section 3(a) directs the Secretaries of State, Labor and Homeland Security to “take into account” in any labor condition application (LCA), petition, visa and entry “whether the employer sponsor directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers.” The word “indirectly” suggests that staffing and third-party placement arrangements are in scope. The order does not define “similarly situated” or say how much weight a layoff should carry.
2. DOL looks back at past LCAs. Under Section 3(b), within 30 days (by about October 18, 2026) the Secretary of Labor, through the Wage and Hour Division Administrator, must “begin reviewing data related to previously submitted labor condition applications to determine whether further action against sponsoring employers is warranted,” citing INA 212(n)(2)(G), the Secretary’s authority to open investigations. That makes this an enforcement review of filings employers have already made, not only of future ones.
3. More agencies at the table. Section 2 requires State, Labor and DHS to consult with the Secretaries of Commerce and Education and the Small Business Administration for wage, employment, academic and industry data. Section 3(c) delegates the President’s INA 215(a) authority so these agencies can issue implementing rules and guidance. That is the real signal to watch: the order sets direction, and the practical changes will come through agency guidance, RFE templates and rulemaking. A DHS H-1B reform proposed rule (RIN 1615-AD00) has been under White House review since August 24, and the President’s proclamation also refers to a coming DOL rule on prevailing wages.
The order justifies these steps with claims that H-1B workers earn $9,000 to $20,000 less than comparable U.S.-born workers, and that technology employers laid off 800,000 to 1.3 million U.S. employees from 2022 through 2026 while requesting H-1B visas for hundreds of thousands of workers. These figures are the administration’s own, as stated in the order.
What this means: H-1B petitioners that have had recent layoffs, especially in the same occupation and location, should expect more questions and possible RFEs on extensions, amendments and new petitions, and should document how the sponsored role differs from the eliminated positions. Workers at employers with layoffs should keep copies of their own LCAs and pay records. The order does not apply to self-petitioned green card routes such as the EB-2 National Interest Waiver, which does not require an employer sponsor or a labor certification.
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Source: Reddit r/h1b