US Orders H-1B Reviews to Consider Employer Layoffs

18 September 2026. United States. A new H-1B executive order directs the Departments of Labor, Homeland Security and State to consider whether an employer carried out layoffs in the previous year, or plans layoffs affecting similar US workers, when handling H-1B matters.

What changes

• Agencies must coordinate on H-1B administration and weigh an employer’s layoff history.
• Within 30 days, the Department of Labor’s Wage and Hour Division must begin reviewing previously filed labor condition applications (LCAs) for possible enforcement.
• Many implementation details are left to future agency guidance.

What it means for you

If you plan to move from F-1 OPT to H-1B, expect employers, especially ones with recent layoffs, to be more cautious about sponsorship. Keep your OPT and STEM OPT timelines in view and talk to your employer’s immigration counsel early. See CPT vs OPT.

Background: how H-1B sponsorship works

The H-1B visa lets US employers hire foreign workers in specialty occupations. Before filing, the employer submits a labor condition application (LCA) to the Department of Labor, confirming the wage and working conditions. Many international students move to H-1B after F-1 OPT or STEM OPT, usually through the annual registration and selection process.

Who is most affected by the H-1B executive order

• F-1 students on OPT or STEM OPT who hope their employer will register them for H-1B.
• Current H-1B workers whose employers file extensions or amendments.
• Employers that carried out layoffs in the past year, or plan layoffs affecting similar US workers.

H-1B checklist for students on OPT

• Ask your employer early whether they plan to sponsor you, and when.
• Track your OPT end date and any STEM OPT extension deadline.
• Have a backup plan, such as a STEM OPT extension or further study, in case sponsorship is delayed.
• Get advice from your employer’s immigration attorney, not from social media.

What we do not know yet

The H-1B executive order leaves many details to future guidance from the Department of Labor, DHS and the State Department. It is not yet clear exactly how layoff history will be weighed or whether timelines will change. Check the official agency websites as guidance is published.

Does the order stop new H-1B visas?

No. It directs agencies to consider employer layoffs. It does not end the H-1B program.

Does it change my F-1 status?

No. It may affect how willing some employers are to sponsor you for H-1B later.

Sources

• National Law Review: Executive order on layoffs and H-1B
• Bloomberg Law: H-1B order puts layoffs under microscope

News summary published 28 September 2026. Policies can change quickly after publication. Check the linked sources for the latest position. This is general information, not legal advice.