On September 18, 2026, Donald J. Trump issued two separate executive actions, an Executive Order and a Proclamation, attacking the H-1B program which he deems a national security threat. The Executive Order states that “large-scale, systematic abuse of the H-1B program to obtain non-qualifying foreign labor has undermined the additive purpose of the program and harmed the wages, working conditions, and job opportunities of skilled American workers.”
He has ordered the government to “implement appropriate measures to protect American workers from abuse of the H-1B program” and to review data and investigate whether each H-1B employer has “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.” At this time, no proposed regulations have been announced outlining what these “appropriate measures” may include.
Further, the same day, he extended for an additional year his September 19, 2025 Proclamation #10973 which requires a supplemental $100,000 H-1B fee for all H-1B workers requesting H-1B admission through consular process to the US, notification at port of entry, pre-flight inspection, or pre-clearance. The proclamation does not apply to in-country change or extension of status requests. Note, however, that the agency actions implementing the $100,000 fee were vacated by a federal district court, and on July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s request to stay that decision pending appeal. As a result, DHS and DOS are currently prevented from implementing the fee.
Resources:
- 09/18/2026 Proclamation: RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS
- 09/18/2026 Executive Order: ENHANCING PROGRAM INTEGRITY AND INTERAGENCY COORDINATION IN THE ADMINISTRATION OF THE H-1B NONIMMIGRANT VISA PROGRAM
This update is provided for general informational purposes only and does not constitute legal advice.
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