Quick Summary
Two notable policy movements for the H-1B program occurred on September 18, 2026. First, the administration extended the $100,000 fee on certain H-1B applications that Trump first imposed in September 2025, pushing its expiration to September 2027. International students transitioning from F-1 status and existing H-1B renewals remain exempt from the fee.
Second, President Trump signed a new executive order and accompanying proclamation aimed at cracking down on what the administration calls widespread abuse of the H-1B visa program, ordering federal agencies to scrutinize companies that lay off American workers while sponsoring foreign visa petitions.
Background
The executive order, "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program," directs the Secretaries of State, Labor, and Homeland Security to coordinate with the Commerce Department, Education Department, and Small Business Administration when reviewing H-1B petitions, labor condition applications, and visa requests. Under the order, agencies must now weigh whether a sponsoring employer has recently conducted layoffs or plans future layoffs of similarly situated American workers before approving a petition, and the Labor Department's Wage and Hour Division has been given 30 days to review previously filed labor condition applications to determine whether enforcement action is warranted.
The White House is framing the move as a continuation of last year's crackdown, which it credits with a 92 percent drop in H-1B registrations by major IT outsourcing firms and a nearly 97 percent decline in consular processing requests. The administration also points to a roughly 40 percent drop in H-1B registrations under the new wage-based lottery system for fiscal year 2027.
Is the $100,000 fee enforceable again?
As of now, the $100,000 fee has been blocked by a federal court, however, this is only temporary and can be reversed if the administration ultimately succeeds in court and the stay is lifted. Even though President Trump has extended the $100,000 fee, currently it is unenforceable.
How will employers know if this executive order affects them?
As of now, it is not clear how the administration and the agencies involved will enforce this executive order, including what mechanics or tools they will use to determine whether an employer has laid off similarly situated workers. We will continue to monitor for updates and further guidance.
Our biggest recommendation is for employers to continue closely monitoring their layoffs and how they may intersect with H-1B sponsorship. If you are an employer or employee who believes you may be affected by this executive order, our team at Murray Osorio PLLC is available to assist. Reach us at (800) 929-7142 to schedule a consultation with our Business Immigration attorneys.