Employers using the H-1B visa program face another year of a $100,000 payment requirement for certain workers entering the United States — and potentially greater scrutiny if they have recently laid off U.S. employees.
On September 18, President Donald Trump issued two separate actions affecting the H-1B program.
A presidential proclamation extends for another year restrictions first imposed in 2025 on the entry of certain H-1B workers unless their petitions are accompanied or supplemented by a $100,000 payment.
A separate executive order directs federal agencies reviewing H-1B matters to consider whether sponsoring employers have recently laid off — or plan to lay off — similarly situated U.S. workers.
For employers, the second action may ultimately be as important as the $100,000 requirement.
What Happened
The presidential proclamation extends the H-1B entry restrictions originally imposed in September 2025.
Under the extended policy, entry into the United States for certain H-1B specialty-occupation workers is restricted unless the petition is accompanied or supplemented by a $100,000 payment.
The restriction applies to affected workers outside the United States who must seek admission based on the petition.
There are exceptions. The Secretary of Homeland Security can determine that the restriction should not apply to an individual, employees of a particular company or workers in an industry when their employment is in the national interest and does not threaten U.S. security or welfare.
The renewed restriction takes effect September 21, 2026, and is scheduled to continue for another 12 months.
The $100,000 Requirement Is Not Universal
Employers should be careful not to describe the policy as a $100,000 fee on every H-1B worker.
It isn’t.
The proclamation specifically addresses entry into the United States by affected H-1B workers and petitions involving workers currently outside the country.
Before filing an affected petition, an employer must obtain and retain documentation showing it has made the required payment.
The State Department must verify the payment during the visa process, and State and Homeland Security are directed to deny entry when the applicable payment requirement has not been satisfied.
The White House says the requirement, combined with other H-1B changes, has substantially altered filing patterns since its introduction in 2025.
Layoffs Become Part of H-1B Scrutiny
The separate executive order potentially creates a broader compliance issue for employers.
When considering H-1B labor condition applications, petitions, visas, and entry, the Departments of State, Labor, and Homeland Security are directed to take into account whether the sponsoring employer:
Engaged directly or indirectly in layoffs during the previous year, or
Plans future layoffs that negatively affect similarly situated U.S. workers.
Those agencies are also directed to coordinate with Commerce, Education and the Small Business Administration and use relevant wage, employment, academic, industrial and other economic information when administering the program.
That means H-1B review is becoming more explicitly connected to an employer’s broader workforce decisions.
Previously Filed Applications Will Also Receive Attention
The order does not look only at future filings.
Within 30 days of the September 18 order, the Department of Labor’s Wage and Hour Division must begin reviewing data associated with previously submitted labor condition applications.
The purpose is to determine whether additional action against sponsoring employers may be warranted under existing immigration law.
Employers with substantial H-1B usage therefore should not assume the new scrutiny applies only to petitions they file going forward.
Who It Affects
The changes are particularly relevant to businesses that regularly sponsor H-1B workers, including:
Technology companies
Engineering businesses
Professional-services firms
IT staffing companies
Outsourcing businesses
Financial and technical employers
Companies recruiting specialized workers internationally
The practical risk will vary significantly among employers.
A company hiring a highly specialized worker from overseas without simultaneously reducing comparable U.S. positions presents a different factual situation from an employer sponsoring large numbers of H-1B workers while conducting layoffs in similar occupations.
Arguments and Considerations on Both Sides
The administration argues that some employers have used the H-1 B program to replace U.S. workers with lower-cost foreign labor rather than supplement the domestic workforce with specialized talent.
The White House says the $100,000 requirement and other changes have already reduced registrations from major IT outsourcing companies and shifted selections toward higher-paid and more highly skilled workers.
Employers that depend on international talent may see the issue differently.
The H-1B program is widely used in technology, engineering, and other specialized fields where businesses may argue that particular skills are difficult to obtain domestically.
A $100,000 payment can materially change the economics of bringing an employee into the United States, particularly for smaller companies.
Additional scrutiny tied to layoffs also creates complexity because businesses can simultaneously reduce employment in one part of an organization while struggling to recruit specialized expertise in another.
That makes the government’s definition and application of “similarly situated” workers particularly important.
Where It Stands
These are two separate presidential actions already issued, not proposed legislation.
The proclamation extends the existing entry restriction and $100,000 payment requirement for another 12 months beginning September 21, 2026.
The executive order directs federal agencies to increase coordination and incorporate recent and planned layoffs into their consideration of H-1B matters.
It also gives relevant agencies authority to issue rules, policies, and operational guidance needed to implement the order.
Additional implementation details may therefore follow.
What Employers Should Watch
Companies using the H-1B program should watch three areas.
First, determine whether the $100,000 requirement actually applies.
The proclamation concerns affected workers seeking entry into the United States. Employers should not assume every H-1B petition is subject to the payment.
Second, examine layoffs alongside H-1B sponsorship.
Employers that have reduced U.S. headcount during the previous year — particularly in positions comparable to those being filled through H-1B sponsorship — should expect increased scrutiny.
Third, watch for agency implementation.
Labor, State, and Homeland Security now have explicit directions to coordinate their review, while Labor must begin examining previously submitted labor-condition data within 30 days.
For businesses, federal policy is increasingly clear.
H-1B compliance is no longer simply about whether a particular worker and position satisfy the requirements for a specialty occupation.
Federal agencies are being directed to look more broadly at what the sponsoring employer is doing with its U.S. workforce.
Sources
The White House — September 18, 2026: Restriction on Entry of Certain Nonimmigrant Workers
The White House — September 18, 2026: Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program
The White House — September 18, 2026: Fact Sheet: President Donald J. Trump Further Enhances Program Integrity and Interagency Coordination in the H-1B Visa Program