Executive Order Directs Agencies To Consider Layoffs In H-1B Adjudication

On September 18, 2026, President Trump issued Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, which directs the Departments of Labor, Homeland Security, and State to: 

1. coordinate and consult with the Departments of Commerce and Education, as well as the Small Business Administration, when processing H-1B petitions, Labor Condition Applications (LCAs), and H-1B visa applications to ensure compliance with statutory requirements; 
2. consider whether the sponsoring employer has engaged in layoffs within the previous year or plans to conduct layoffs affecting U.S. workers who are similarly situated to H-1B workers when processing H-1B petitions, LCAs, and H-1B visas.