US Orders H-1B Reviews to Consider Employer Layoffs

18 September 2026. United States. A new 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.

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.