Executive Order Directs Agencies to Factor Employer Layoffs Into H-1B Filing Reviews

NewsData.io · United States · Sep 21, 2026

President Trump signed an executive order on September 18, 2026, directing the DOL, DHS, and State Department to consider whether sponsoring employers have conducted layoffs in the prior year — or plan future layoffs — when adjudicating H-1B LCAs, petitions, visas, and border admissions. The order is broader than existing nondisplacement rules, extending scrutiny beyond the current 90-day window and potentially applying to all H-1B employers rather than only H-1B-dependent firms. Staffing, consulting, and outsourcing firms operating third-party placement models are explicitly flagged as facing heightened displacement scrutiny at client worksites. Agency guidance is expected to follow, with DOL's Wage and Hour Division required to begin reviewing previously submitted LCA data within 30 days.

Ogletree Deakins Nash Smoak & StewartstaffingH-1Bimmigrationconsultingoutsourcingtemp staffingthird-party placement

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