On September 18, 2026, President Trump signed the Executive Order “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program.” According to the White House, the order is intended to strengthen oversight of the H-1B program, increase interagency coordination, and require agencies to consider whether employers have recently conducted layoffs of similarly situated U.S. workers when adjudicating H-1B-related filings. It was announced alongside a proclamation renewing the administration’s previously imposed $100,000 H-1B fee requirement for certain petitions. NOTE: The 2025 $100,000 H-1B fee has been challenged, and a preliminary injunction was recently issued, pausing the application of the fee.
What the Executive Order Does
1. Creates Formal Interagency Review of H-1B Cases
The order requires the Departments of State, Labor, and Homeland Security to coordinate with:
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Department of Commerce
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Department of Education
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Small Business Administration
when evaluating H-1B labor condition applications (LCAs), petitions, and visa applications. The participating agencies are directed to provide wage, employment, academic, industrial, and economic information relevant to H-1B adjudications.
2. Requires Consideration of Employer Layoffs: Perhaps the most consequential provision is Section 3(a). The order directs agencies to consider whether an H-1B sponsor:
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Conducted layoffs within the previous year, or
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Plans future layoffs, that negatively affect similarly situated U.S. workers.
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Those facts are to be considered when adjudicating:
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Labor Condition Applications
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H-1B petitions
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H-1B visas
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Entries to the United States in H-1B status
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Importantly:
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The EO does not create an outright ban on filing after layoffs.
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It does not establish a specific labor market test.
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It does not specify how layoffs will be weighed.
Instead, it directs agencies to take layoffs into account and signals forthcoming implementation guidance or regulations.
3. Orders Review of Previously Filed LCAs
Within 30 days, the Department of Labor’s Wage and Hour Division must begin reviewing previously filed Labor Condition Applications to determine whether enforcement action is appropriate against sponsoring employers.
4. Delegates Broad Regulatory Authority
The EO delegates authority to DHS, DOL, DOS, and Commerce to issue rules, policies, operational guidance, and other implementation measures necessary to carry out the order.
Relationship to Existing Trump Administration H-1B Policies
This EO is best viewed as part of a broader H-1B reform effort that has emerged since 2025.
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$100,000 H-1B fee proclamation, Sept. 2025
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Project Firewall enforcement initiative, Sept. 2025
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Increased FDNS site visits, 2025
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Wage-weighted H-1B lottery, Feb. 2026
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Current EO on layoffs/interagency review, Sept. 2026
The White House fact sheet explicitly describes the order as a continuation of efforts to combat H-1B abuse, prevent worker displacement, increase scrutiny of outsourcing models, and prioritize higher-paid workers.
What the EO Does Not Do
The order does not:
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Eliminate the H-1B program
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Change annual H-1B cap numbers
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Create a new labor certification process for H-1Bs
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Automatically deny petitions after layoffs
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Modify prevailing wage requirements directly
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Immediately impose new filing requirements
Those kinds of changes would generally require regulations, legislation, or additional administrative action.
Likely Next Steps
Based on both the EO and industry commentary, the following developments appear likely over the coming months:
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New DOL Guidance: The EO requires prompt review of labor condition application data, suggesting that DOL enforcement activity may increase.
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Additional H-1B Rulemaking: Industry observers referenced in EIG correspondence expect additional H-1B regulatory changes, potentially including further reforms concerning employer eligibility and labor market protections.
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Possible PERM Reform: EIG government-affairs intelligence indicated anticipated PERM changes involving recruitment modernization and potential layoff-related restrictions. These proposals are not part of the EO itself but may be conceptually related.
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Litigation Risk: As with the 2025 H-1B fee measures and the 2026 wage-weighted lottery, future regulations implementing this order could face legal challenges if stakeholders argue that agencies exceed statutory authority.
Erickson Insights & Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.