Executive Order Strengthens Interagency Review of H-1B Visa Petitions

President Trump signed Executive Order 14431 on September 18, 2026, published in the Federal Register on September 23, 2026, directing closer coordination among federal agencies in reviewing H-1B petitions, labor condition applications and visas. The order responds to concerns about wage suppression, layoffs of American workers and outsourcing abuses linked to the H-1B program.

Key points

• The Departments of State, Labor and Homeland Security must coordinate with Commerce, Education and the Small Business Administration when reviewing H-1B petitions, labor condition applications and visas.
• Agencies must consider whether an employer has conducted or plans layoffs affecting similarly situated U.S. workers when deciding H-1B cases.
• Within 30 days, the Department of Labor's Wage and Hour Division must begin reviewing past labor condition application data to determine if enforcement action is warranted under INA section 212(n)(2)(G).
• Authority under INA section 215(a) is delegated to the Secretaries of State, Commerce, Labor and Homeland Security to issue implementing rules and guidance.
• The order does not announce new fees, form changes, or specific numerical caps.

Who is affected

Employers sponsoring H-1B workers, outsourcing and third-party placement firms, and foreign nationals holding or applying for H-1B status are affected.

What to do