The Trump administration has ordered closer scrutiny of employers that recently laid off or plan to lay off US workers while extending the $100,000 fee requirement for certain H-1B petitions until September 2027.
US Tightens H-1B Visa Oversight
Washington, September 19, 2026: The Donald Trump administration has announced new measures to tighten oversight of the H-1B visa programme, including greater scrutiny of employers that have recently laid off or plan to lay off similarly situated US workers.
The measures were announced through an executive order and a presidential proclamation signed on September 18. The administration said the changes are aimed at strengthening the integrity of the H-1B programme and addressing what it describes as abuse by some employers and outsourcing firms.
Employers’ Layoffs to Be Considered
Under the executive order, the US Departments of State, Labour and Homeland Security have been directed to consider whether an H-1B sponsoring employer has directly or indirectly carried out layoffs affecting similarly situated American workers during the previous year or plans future layoffs.
The agencies will also coordinate with the Departments of Commerce and Education and the Small Business Administration to obtain information related to wages, employment conditions, academic qualifications and industry requirements.
The White House said the move is intended to ensure that the H-1B programme serves its statutory purpose while protecting US workers.
$100,000 H-1B Fee Extended Until 2027
Separately, Trump has extended the $100,000 payment requirement for certain H-1B visa petitions for another year.
The fee, first introduced in September 2025, will now remain in place until September 21, 2027, according to the latest proclamation.
The requirement does not apply to every H-1B worker. Current visa holders and certain foreign graduates already in the US are among those who are not covered by the new payment requirement, according to reporting on the policy.
White House Cites Drop in H-1B Registrations
The Trump administration said the earlier $100,000 measure had significantly reduced H-1B registrations among major IT outsourcing companies.
According to a White House fact sheet, registrations filed by the largest IT outsourcing firms fell by 92 per cent after the 2025 proclamation took effect. The administration also claimed that consular processing requests declined by nearly 97 per cent.
These figures are claims made by the White House in support of the policy.
India Among Key H-1B Beneficiary Countries
The H-1B programme is particularly important for Indian technology professionals. Indian-born beneficiaries accounted for around 71 per cent of approved H-1B petitions in fiscal year 2024, according to USCIS data cited by The Indian Express.
The latest measures could therefore have implications for Indian IT professionals and companies that rely on H-1B workers, particularly where new hires require the applicable $100,000 payment.
Policy Faces Legal Challenges
The $100,000 H-1B fee has also faced legal challenges in the United States.
The Indian Express reported that a federal judge in Massachusetts previously ruled that the administration exceeded its authority in imposing the payment requirement, while the government has continued to appeal the decision. A separate challenge has also been brought by the US Chamber of Commerce.
The legal status of the fee could therefore continue to evolve as the cases move through the courts.
What the New Rules Mean
The latest measures combine tighter employer scrutiny with the continuation of the higher fee for certain H-1B petitions.
The administration says the changes are intended to protect American workers and prevent misuse of the visa programme, while businesses and immigration professionals have raised concerns about the impact of higher costs and restrictions on employers seeking specialised foreign talent.
For Indian applicants and US employers, the practical impact will depend on the type of H-1B petition, the applicant’s existing status and the eventual outcome of the ongoing legal challenges.
Source: ANI / Babushahi Network; White House and additional reporting by The Indian Express and Reuters.
