United StatesH-1B

H-1B decisions must weigh the sponsor's layoffs

In effect since 18 Sept 2026Sources checked 28 Oct 2026

Executive Order 14431 of September 18, 2026 tells the State, Labor and Homeland Security departments to take into account whether an H-1B sponsor engaged in layoffs in the previous year or plans layoffs affecting similarly situated US workers.

Who it affects

H-1B workers and employers that have had or plan layoffs

What the official sources say

โ€œwhether 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.โ€
GovInfo: Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program govinfo.gov, checked 28 Oct 2026
โ€œThe Order directs the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security to consider petitioner employersโ€™ recent or planned layoffs of similarly situated U.S. workers when considering H-1B visa applications.โ€
White House fact sheet, September 2026 whitehouse.gov, checked 28 Oct 2026

Quotes are copied from the official pages on the dates shown. This page is a summary, not legal advice: rules can change, so check the source before you act.

More visa changes in the USA

All of Visa Watch

EAD (incl. dependent spouses)

Automatic extensions of renewed US work permits (EADs) end

DHS finalized its October 30, 2025 interim rule that ended automatic extensions of employment authorization documents for people who filed on time to renew in certain categories. The final rule took effect October 14, 2026.

In effect since 14 Oct 2026Source: federalregister.gov

H-1B

H-1B $100,000 payment rule renewed until September 2027

Proclamation 11069 continues the $100,000 payment requirement for certain new H-1B petitions for 12 months from September 21, 2026. USCIS says a June 8, 2026 court order vacated its guidance on the payment and DHS will comply while it considers next steps.

In effect since 21 Sept 2026Source: govinfo.gov

H-1B, L-1, O-1, I-140

USCIS premium processing fee rises to $2,965

From March 1, 2026, premium processing for most Form I-129 classifications, including H-1B, L-1, O-1 and TN, rose from $2,805 to $2,965. The fee for Form I-140 petitions rose by the same amount.

In effect since 1 Mar 2026Source: federalregister.gov

H-1B

H-1B lottery now weighted by wage level

DHS replaced the random H-1B cap selection with a weighted process from the FY 2027 registration season. Registrations at wage level IV enter the selection pool four times, level III three times, level II twice and level I once.

In effect since 27 Feb 2026Source: federalregister.gov