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What changed, and when?
As of the government announcements and reporting available through October 9, 2026, the developments fall into three main tracks. A separate State Department change expands online-presence review for some visa applicants.
| Measure | Immigration stage | Timing | What it concerns |
|---|---|---|---|
| H-1B employer-layoff review | Temporary work petitions, labor condition applications, visas, and entry | Executive order dated September 18, 2026; directs Labor to begin reviewing prior labor condition application data within 30 days | Agencies are directed to take certain recent or planned layoffs into account in relevant H-1B matters. |
| $100,000 payment condition | Visa issuance and entry for certain H-1B cases | Proclamation issued September 18 and published September 23, 2026; extended through 12:00 a.m. EDT September 21, 2027 | Applies to specified petitions filed after September 21, 2025, subject to the payment condition or an exception. |
| PERM suspensions | Employer-sponsored permanent-residency processing | Announced October 8, 2026 | Suspensions from PERM processing were announced for eight named companies. |
| Online-presence review | Visa screening | Effective October 1, 2026 | Expanded to TN and TD applicants; H-1B applicants were already listed among categories subject to review. |
The dates and descriptions above reflect the cited announcements and reports available by October 9. Implementation and legal status can change; the announcement of a measure is not the same as a final decision in an individual case.
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How the H-1B layoff order affects employer reviews
The September 18 executive order directs the Departments of State, Labor, and Homeland Security to coordinate with other agencies on H-1B petitions, labor condition applications, visas, and entry. It tells those three departments to take into account whether a sponsoring employer “directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers.”
That is an instruction for agencies to consider a factor; it does not say that any layoff automatically disqualifies an employer or decides the outcome of every petition. The order also directs Labor to begin reviewing prior labor condition application data within 30 days. The White House described the measure as part of a broader program-integrity effort and framed it as protecting U.S. workers. Those are the administration’s rationale and policy position, not independent findings about every employer or H-1B case.
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Who is covered by the $100,000 H-1B payment condition?
Proclamation 11069, issued September 18 and published in the Federal Register on September 23, 2026, extends the earlier restriction for 12 months, until 12:00 a.m. Eastern Daylight Time on September 21, 2027. The State Department says it applies to visa issuance and entry based on H-1B petitions filed with U.S. Citizenship and Immigration Services after September 21, 2025, at 12:01 a.m. EDT, unless the payment requirement is met or an exception applies.
This is not a universal $100,000 charge on every H-1B worker or every petition. The stated scope concerns certain visa issuance and entry situations tied to petitions filed after the specified date. The proclamation provides for limited exceptions, so eligibility depends on the case and the applicable government guidance. It also reported that more than 700 petitions had made the payment since the original measure took effect.
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Does it affect someone already in the United States?
The State Department describes the restriction in terms of visa issuance and entry, rather than as a general cancellation of current H-1B status. It also says no visas have been revoked pursuant to the 2025 proclamation. That does not settle how a particular worker’s future travel, visa application, or petition will be treated; those details depend on the filing date, circumstances, and any applicable exception.
What does the PERM suspension mean for tech workers?
PERM, the Department of Labor’s Permanent Labor Certification Program, is commonly an early step in an employer-sponsored employment-based green-card case. It is distinct from H-1B, which is temporary nonimmigrant work status. A suspension from PERM processing can affect an employer’s ability to move covered permanent-residency cases forward, but it is not itself a cancellation of H-1B authorization.
On October 8, Vice President JD Vance announced PERM-processing suspensions for Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini, according to the Associated Press and Axios. The administration alleged abuse and cited layoffs; those allegations should not be treated as established findings of wrongdoing. The AP reported that the companies had not immediately responded to requests for comment at the time of its report. Axios reported that already-issued green cards were not revoked and that the action did not suspend or cancel existing H-1B visas.
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The suspension announcement’s legal and administrative status is time-sensitive. It does not establish that every employee at a named company is affected in the same way, or that every pending green-card case has the same outcome.
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In a separate September 18 announcement, the State Department said online-presence review would expand effective October 1 to TN and TD applicants, including USMCA professionals and their dependents. The department instructed TN and TD applicants to set social-media profiles to public or open. H-1B and several other visa classifications were already listed as subject to online-presence review.
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This screening change is separate from both the H-1B payment condition and the PERM suspensions. It concerns visa screening, not a new general rule that makes all H-1B status or green-card cases invalid.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What do the administration’s H-1B figures show?
The White House and the Federal Register reported several large declines, but those are administration figures and do not, on their own, establish why the numbers changed or what effect the policies had on technology hiring.
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- The administration reported a 92% decrease in combined H-1B registrations from the largest IT staffing and outsourcing firms, from 24,946 to 2,055.
- It reported nearly a 97% decrease in consular-processing requests between the FY 2025 and FY 2027 cap seasons.
- The White House said FY 2027 registrations dropped by almost 40% after a wage-weighted selection process replaced random selection.
These figures describe reported changes across specified groups or seasons. They should not be read as proof that one particular policy caused the declines or as a measure of the number of current tech workers who lost authorization.
What should tech workers and employers check?
The relevant rule depends on where a person is in the process, not just on whether they work in technology. Before making decisions about travel, a petition, or a green-card case, check the current guidance from the responsible agency and consult qualified U.S. immigration counsel for advice specific to the case.
Quick Recap
- For an H-1B worker: identify the petition filing date, current status, visa situation, and any planned travel. The payment proclamation’s stated trigger is tied to certain petition filing dates and visa issuance or entry.
- For an employer sponsoring H-1B workers: review the order’s layoff language and watch for agency implementation, while recognizing that the order directs consideration rather than declaring an automatic outcome.
- For a PERM or employment-based green-card case: confirm whether the employer and specific case are covered by the announced suspension and what the responsible agency currently permits.
- For a visa applicant subject to online-presence review: follow the State Department’s current instructions for the relevant visa category.
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