On September 18, 2026, the Trump administration issued 2 significant H-1B actions. A presidential proclamation extended the $100,000 H-1B entry payment requirement for another 12 months, and a new executive order directed the Departments of State, Labor, and Homeland Security to factor employer layoffs into H-1B adjudications across labor condition applications, petitions, visas, and entry.
Together, these actions signal a tightening of the H-1B program and add another layer of scrutiny for employers.
Here is what these new rules mean for employers and visa holders.
What changes did the Trump administration make to H-1B visas on September 18, 2026?
The Trump administration made 2 separate changes to the H-1B program:
- A presidential proclamation extended the $100,000 H-1B entry payment requirement for an additional 12 months, through September 21, 2027.
- An executive order titled “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program” directed the Departments of State, Labor, and Homeland Security to factor in whether an H-1B sponsoring employer conducted or plans layoffs affecting U.S. workers, across LCAs, petitions, visa applications, and entry.
Is there an enforcement component to the new executive order? If yes, then what is the timeline?
Yes. The Administrator of the Wage and Hour Division must begin reviewing data from previously submitted labor condition applications within 30 days of the order’s issuance. The reviews will determine if further enforcement action against sponsoring employers is warranted under INA section 212(n)(2)(G).
Beyond the 30-day timeline, the order does not specify when the layoff-consideration rules must be implemented. Further operations will depend on upcoming rulemaking, guidance, or internal procedures.
What other agencies are being brought into H-1B administration, and why?
As per the executive order, the Departments of State, Labor, and Homeland Security must consult with the following agencies, which must provide relevant wage, employment, academic, industrial, or other economic information:
- Department of Commerce
- Department of Education
- Small Business Administration (SBA)
What is the $100,000 H-1B proclamation, and who does it apply to?
The $100,000 H-1B proclamation, formally titled "Restriction on Entry of Certain Nonimmigrant Workers," is a presidential action originally issued on September 19, 2025 (Proclamation 10973) and extended on September 18, 2026, for an additional 12 months, running through 12:01 a.m. EDT on September 21, 2027. It restricts the entry of certain H-1B workers by requiring a $100,000 payment tied to their entry into the United States. A federal court vacated the agency guidance implementing this payment requirement on June 8, 2026. The matter remains in active litigation on appeal, but on July 24, 2026, the appeals court declined to pause the ruling, so the fee is not currently being collected. Employers and visa holders should consult counsel for the latest status before making decisions based on this requirement.
The proclamation applies primarily to new entrants seeking admission to the U.S. rather than those already present in the U.S.
Does the proclamation mention any exceptions or a waiver?
Yes, the proclamation preserves DHS's national-interest exception authority, permitting it to waive the $100,000 restriction for specific cases, individuals, companies, or industries. The proclamation does not itself identify which employers, if any, have received a waiver; that information, where it exists, is not published within the proclamation's text.
Do the new rules affect international students or J-1 visa holders?
The September 18 actions do not directly affect them. A separate DHS rule does. DHS finalized a rule that would restrict international students and J-1 visa holders to a fixed 4-year admission period, but a federal district judge issued a preliminary injunction one day before its scheduled effective date, so the existing "duration of status" framework remains in place while litigation continues.
Separately, there is yet another rule on the regulatory agenda to impose a significant fee on OPT for international students.
Conclusion
These rules, when combined, add another layer of uncertainty to an H-1B landscape which is already facing volatility. As new rules for H-1B visas continue to emerge, much depends on how agencies translate these directives into practice. Employers should keep track of updates on any subsequent rules.
Alma will continue tracking developments in these rules as they unfold.
