New H-1B rules are putting more pressure on sponsoring employers and foreign workers. If you are weighing your options, an H-1B attorney New York businesses can call may help you plan before your next filing. Here is what changed on September 18, 2026 and what to do about it.
What Did the September 18, 2026 Executive Order Do?
On September 18, 2026, President Trump issued a new executive order and a presidential proclamation on the H-1B program. The administration says the measures are meant to prevent abuse and protect U.S. workers.
The biggest change involves layoffs. The order directs the Department of Homeland Security, the Department of Labor, and the Department of State to consider whether an H-1B sponsor laid off similarly situated U.S. workers in the past year or plans to do so. According to a law firm client alert, that information can factor into Labor Condition Applications, petitions, visa applications, and admission decisions.
The order also directs the Department of Labor to review previously filed Labor Condition Applications. In addition, the order is reportedly not limited to H-1B-dependent employers, who already face separate rules about layoffs. As of early October, Columbia University’s international office reported that no implementing guidance had been released.
What Does the New Order Mean for Sponsoring Employers?
Employers should expect closer questions about hiring, layoffs, wages, and the link between H-1B jobs and jobs held by U.S. workers. In practice, that may look like this:
- more Requests for Evidence on petitions, including questions about layoffs;
- a second look at Labor Condition Applications you already filed;
- greater scrutiny when your company has recently reduced its U.S. workforce; and
- a need for clear records showing why each hiring and termination decision was made.
Because the order is new, nobody yet knows how strictly agencies will apply it. Even so, employers that document their decisions now are in a stronger position later. Our work visa services include this kind of review.
How Could the Order Affect Foreign Workers?
For workers, the likely effects are more Requests for Evidence, longer processing times, and closer review of petitions, especially when the sponsor has recently cut staff. Experienced immigration attorneys have also questioned how far the administration can legally extend these requirements under the existing H-1B statute.
If your employer lays you off, act quickly. H-1B workers generally have a limited grace period of up to 60 days to find a new sponsor or change status. An attorney can help you use that time well.
What Happened to the $100,000 Fee?
The new proclamation extends the $100,000 payment requirement, first imposed in September 2025, through September 21, 2027. It generally applies to certain H-1B workers outside the United States who need to enter on a qualifying petition.
However, the courts have already stepped in. On June 8, 2026, a federal court in Massachusetts ruled the fee unlawful. On July 24, 2026, the First Circuit refused to keep it in effect while the appeal continues. As a result, the fee remained blocked in early October, and reports said USCIS was not enforcing it. Because litigation is ongoing, that could change. For the full timeline, read our court ruling breakdown and our original fee explainer.
The administration said employers paid the fee for only slightly more than 700 petitions in the first year.
How an H-1B Attorney in New York Can Help
A New York H-1B lawyer can help both sides of the process. Specifically, a firm like ours can:
- review Labor Condition Applications and open petitions for compliance risks;
- prepare you for Requests for Evidence and layoff-related questions;
- advise on workers who are abroad while the fee remains in dispute;
- protect a worker’s status after a layoff; and
- plan alternatives, such as a cap-exempt position or a work-based green card.
More H-1B Changes May Be Coming
These actions are part of a broader wave of proposed and recent changes. Reported proposals include changes to prevailing wage rules, a separate proposed fee above $100,000 for some cap-subject petitions, limits on H-4 work permits, and an end to the 60-day grace period. Several of these are not final, so watch for updates. Our earlier posts on the FY 2027 program changes and our 2026 predictions give more background.
FAQ: H-1B Attorney in New York
Do I need an H-1B attorney in New York to sponsor a worker?
Generally, no law requires you to hire counsel. However, H-1B filings are detailed and scrutiny is rising, so most employers use an attorney to avoid costly mistakes.
Does the executive order apply to every H-1B employer?
It is reportedly not limited to H-1B-dependent employers. Because agencies have not yet issued guidance, employers should plan as if any sponsor could face layoff questions.
Do I have to pay the $100,000 fee right now?
As of early October 2026, courts had blocked the fee and reports said USCIS was not enforcing it. The situation may change, so confirm the current status with a lawyer before filing for a worker abroad.
What should I do if I am laid off while on a work visa?
Generally, you have up to 60 days of grace period to find a new sponsor, change status, or leave the country. Contact an H-1B lawyer right away, because the clock starts quickly.
Can my employer’s layoffs hurt my H-1B petition?
Possibly. Under the new order, agencies may consider recent or planned layoffs. As a result, you may see a Request for Evidence, so ask your employer to keep clear documentation.
How can Shepelsky Law Group help with H-1B in New York?
Shepelsky Law Group is a New York immigration law firm that advises employers and H-1B workers on sponsorship, compliance, and status. Call 718-769-6352 to discuss your situation.
Talk to an H-1B Lawyer Before Your Next Filing
Do not wait for a Request for Evidence to find out where you stand. Shepelsky Law Group helps New York employers and workers navigate H-1B sponsorship, labor certification, and long-term green card plans. You can also read our guides on common H-1B myths and start dates and work permits.
Call 718-769-6352 or schedule a consultation to speak with our team. This article is general information, not legal advice.