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H-1B Employers With Layoffs Face Tougher Scrutiny

President Donald Trump signed an executive order on September 18 directing federal agencies to take a harder look at H-1B employers that have laid off American workers.

The order, titled “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program,” tells the Departments of State, Labor and Homeland Security to consider whether a sponsoring employer conducted layoffs in the previous year, or plans future cuts affecting similarly situated US workers, when reviewing labor condition applications, petitions, visas and entries.

A layoff does not automatically block sponsorship. Instead, layoff history becomes one more factor in adjudication, alongside closer interagency coordination on wages, employment and economic data. The Labor Department also faces a 30-day deadline to start reviewing previously filed applications.

A separate proclamation renewed the $100,000 H-1B fee for certain petitions, though that fee is currently paused by a court injunction. Immigration lawyers say employers should brace for longer, more document-heavy reviews.

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