Trump Renews $100K H-1B Entry Fee, Orders Layoff Scrutiny
On September 18, the Trump administration extended the $100,000 H-1B entry fee through 2027 and issued an executive order requiring agencies to scrutinize applications from companies with recent layoffs. Here's what employers and visa holders need to know.
The Two-Pronged Move: Fee Extension + Layoff Scrutiny
On September 18, 2026, President Trump signed an executive order titled "Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program." The same day, he signed a separate proclamation extending the $100,000 payment policy for certain H-1B petitions to September 21, 2027. Together, these actions signal renewed pressure on both the cost and integrity of H-1B sponsorship.
The $100,000 Fee: Extended Despite Court Block
Trump extended for another year a $100,000 payment requirement for employers seeking to bring certain H-1B workers into the US, saying the restriction has reduced the reliance on lower-paid foreign labor. The policy will remain in place through Sept. 21, 2027, with limited exceptions for workers, companies or industries deemed to be in the national interest.
However, there's a critical caveat: a federal district court vacated the $100,000 fee in June 2026; therefore, it is not currently in effect. The administration's proclamation renewal may be a bid to preserve legal standing as litigation continues, but employers should monitor court orders before treating the fee as an active requirement.
The practical impact has been dramatic. Only a little more than 700 payments were made over the past year, with employers making the $100,000 payment for only about 700 individuals. This suggests the fee—whether enforced or not—already functions as a powerful deterrent.
New Layoff Scrutiny: The Executive Order's Teeth
The executive order is arguably more consequential. Trump directed the U.S. Departments of Labor (DOL), Homeland Security (DHS), and State to coordinate more closely on H-1B program administration and take into consideration employers' recent or planned layoffs.
The executive order directs the secretaries of state, labor, and homeland security to consider whether an employer conducted layoffs within the prior year or plans future layoffs affecting similarly situated U.S. workers when adjudicating H-1B-related filings. This is broader than existing rules: the directive reaches layoffs during the prior year and planned future layoffs, rather than focusing only on the existing ninety-day window, and may apply to all H-1B employers, not only H-1B-dependent employers and willful violators.
Where the Scrutiny Happens
A key focus of the Order is whether an H-1B petitioner has conducted layoffs of similarly situated U.S. workers within the previous year or plans future layoffs that may negatively affect comparable U.S. workers, and agencies must consider these factors when reviewing LCAs, H-1B petitions, visa applications, and admissions decisions.
Employers could face scrutiny at multiple points, including DOL LCA review, USCIS petition adjudication, consular processing, and admission at the border. The Department of Labor will also begin, within 30 days, reviewing data from previously submitted labor condition applications to determine whether additional action against sponsoring employers may be warranted under federal law.
What This Means for Your Sponsorship Plans
The Order does not immediately change H-1B eligibility requirements, but it signals heightened scrutiny of H-1B employers, particularly those with recent layoffs, third-party placement models, or significant reliance on foreign national talent. Tech, consulting, and staffing firms are especially exposed.
The Order does not create an automatic bar following layoffs, but employers should expect additional scrutiny where workforce reductions involved professional, technical, or specialty occupation roles. In practice, this likely means more Requests for Evidence (RFEs), longer processing times, and denials where the agency perceives a disconnect between U.S. layoffs and new H-1B petitions.
The executive order leaves significant implementation details to forthcoming agency guidance, which will determine how DOL, DHS, and the State Department incorporate layoff-related information into H-1B adjudications.
Bottom Line for Employers
While the $100,000 fee remains blocked in court, the executive order's layoff scrutiny is likely to take effect immediately through agency enforcement. Any employer planning new H-1B sponsorships—especially those with recent or planned reductions in force—should expect intensive compliance review. Companies relying on consulting or staffing models, or operating in sectors with widespread layoffs, face the highest risk. Now is the time to audit your workforce documentation, prepare persuasive business justifications, and consult immigration counsel before filing.