The Trump administration has announced another round of changes affecting the H-1B visa program, including increased scrutiny of employers that sponsor foreign workers and an attempted extension of the controversial $100,000 H-1B payment requirement.
On September 18, 2026, President Trump issued both a new executive order and a presidential proclamation addressing the H-1B program. The administration says the measures are intended to prevent abuse of the program and protect U.S. workers.
One of the biggest changes involves employers that have recently laid off U.S. workers.
Under the new executive order, the Department of Homeland Security, Department of Labor and Department of State are directed to consider whether an H-1B sponsoring employer:
• Laid off workers during the previous year; or
• Is planning future layoffs that could negatively affect similarly situated U.S. workers.
This information may now be considered when the government reviews Labor Condition Applications, H-1B petitions, visa applications and admission of H-1B workers into the United States.
The Department of Labor has also been directed to begin reviewing previously filed Labor Condition Applications to determine whether additional enforcement action may be appropriate.
For employers, this could mean significantly more questions about company hiring practices, layoffs, wages and the relationship between H-1B positions and jobs held by U.S. workers.
For H-1B employees, it could mean additional Requests for Evidence, longer processing times and closer examination of petitions, particularly when the sponsoring company has recently reduced its U.S. workforce. Immigration attorneys interviewed by Forbes have also raised questions about how far the administration can legally extend these requirements under the existing H-1B statute.
$100,000 H-1B PAYMENT EXTENDED — BUT THE COURT BATTLE CONTINUES
The administration also issued a new proclamation seeking to extend for another year the $100,000 payment requirement originally imposed in September 2025 on certain H-1B workers coming from outside the United States.
The September 18 proclamation states that the restriction would continue through September 21, 2027 and generally applies to certain H-1B workers who must enter the United States based on a qualifying petition, unless an exception applies.
However, the $100,000 requirement has already faced major legal challenges.
On June 8, 2026, a federal judge in Massachusetts ruled that implementation of the payment requirement was unlawful and vacated the policy. On July 24, 2026, the U.S. Court of Appeals for the First Circuit rejected the federal government’s request to keep the payment requirement in effect while the appeal proceeds. The litigation remains ongoing.
The new proclamation therefore does not end the legal dispute over whether the government has authority to impose this payment.
According to the administration’s own September proclamation, employers paid the $100,000 amount for only slightly more than 700 petitions during the approximately one-year period following implementation of the original policy.
MORE H-1B CHANGES MAY BE COMING
These actions are part of a much broader series of proposed and recently implemented changes affecting employment-based immigration.
Other proposals reported by Forbes include changes to H-1B prevailing wage requirements, a separate proposed fee exceeding $100,000 for certain cap-subject H-1B petitions, possible restrictions on H-4 employment authorization, possible elimination of the 60-day grace period after termination of employment, and additional restrictions on the H-1B program. Several of these measures remain proposals and are not yet final rules.
The important message for employers and H-1B workers is that the rules are changing quickly.
Companies considering H-1B sponsorship should carefully review their recent layoffs, wage practices, job descriptions and other employment decisions before filing. H-1B workers should also understand how these changes could affect new petitions, extensions, consular processing and international travel.
Shepelsky Law Group closely follows changes in U.S. immigration law and H-1B policy. If you are an employer considering H-1B sponsorship or an H-1B worker concerned about how the new rules may affect your case, contact Shepelsky Law Group at Tel: (718)769-6352 or directly book your consultation at www.ShepelskyLaw.com for starting your legalizing journey with our immigration consultation.