On September 18, 2026, the White House issued an Executive Order titled Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program. The Order does not amend the Immigration and Nationality Act, create a new H-1B filing fee, or itself impose a new employer attestation. It does, however, direct the Departments of State, Labor, and Homeland Security to coordinate more broadly with the Departments of Commerce and Education and the Small Business Administration when adjudicating H-1B labor condition applications (LCAs), petitions, visas, and entries. The practical consequence is likely to be increased scrutiny of H-1B employers’ wage practices, business operations, degree requirements, and workforce decisions.
The Order is explicitly framed as an anti-fraud and anti-displacement initiative. It directs the responsible agencies to consider, in connection with any H-1B LCA, petition, visa, or entry decision, whether the sponsoring employer has directly or indirectly engaged in layoffs during the preceding year—or plans future layoffs—that adversely affect similarly situated U.S. workers. The Order does not define “indirectly,” “similarly situated,” or the manner in which a layoff finding will be weighed. Those details will be important subjects for anticipated agency guidance and implementation policies.
See full details of this Client Alert here.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, or Stacey A. Simon.