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New H-1B Executive Order Directs Agencies to Review Employer Layoffs

A new executive order directs immigration agencies to consider certain recent and planned employer layoffs when reviewing H-1B matters.

The direct answer

Does a recent layoff automatically prevent H-1B sponsorship?

Executive Order 14431 directs the Departments of State, Labor and Homeland Security to consider certain recent and planned employer layoffs when processing H-1B labor condition applications, petitions, visas and entries.

What this update means

The order does not state that every layoff automatically prevents H-1B sponsorship. It requires agencies to examine whether the sponsoring employer directly or indirectly conducted layoffs during the previous year—or plans future layoffs—that negatively affect similarly situated U.S. workers.

What does the order require?

DOS, DOL and DHS must coordinate with the Departments of Commerce and Education and the Small Business Administration. Those agencies may provide wage, employment, academic, industrial and other economic information relevant to H-1B compliance.

The order also directs DOL’s Wage and Hour Division to begin reviewing data from previously submitted LCAs within 30 days to determine whether further action against sponsoring employers may be warranted.

The order authorizes agencies to issue additional rules, policies or operational guidance. Employers should therefore preserve accurate records and review future agency instructions rather than assume that existing filing practices will remain unchanged.

Verified key dates

  • September 18, 2026: Executive Order 14431 was signed.
  • September 23, 2026: The order was published at 91 Fed. Reg. 60501.
  • Within 30 days of September 18: DOL is directed to begin reviewing previously submitted LCA data.
  • September 24, 2026: The comment period closed for the separate proposed $103,265 H-1B cap-petition fee. Closing a comment period does not itself make a proposed fee effective.

Frequently asked questions

Quick answers

Does a recent layoff automatically prevent H-1B sponsorship?

No automatic universal bar appears in the order. Agencies must take specified layoff activity into account. The facts may include timing, positions, duties, worksites, wages and whether affected U.S. workers were similarly situated.

Does the executive order impose a new H-1B fee?

No. The executive order itself does not create a new filing fee. Separate fee and entry measures have their own coverage, exceptions and effective dates; they require a separate review for the particular case.

Can DOL review LCAs that were already filed?

The order directs DOL to review previously submitted LCA data to determine whether further action may be warranted. It does not say that every earlier LCA will be reopened or denied.

Sources and further reading

Use these links to review the reporting, official guidance or underlying rule.

Executive Order 14431, 91 Fed. Reg. 60501September 18 H-1B proclamationSeparate DHS proposed H-1B fee

This article provides general information only and is not legal advice. Rules, forms, and agency practices can change. Consult qualified counsel about your circumstances.