Executive order adds layoff scrutiny to H-1B filings
An executive order directs DHS, Labor and State to consider an employer's recent and planned layoffs when reviewing H-1B filings. It does not ban sponsorship by employers with layoffs and does not revoke approved petitions. The Labor Department was told to start reviewing previously filed LCAs within 30 days. Job seekers may see more caution from sponsors that recently cut staff.
Related updates
H-1B approval rate stays near 97% despite tighter scrutiny
USCIS data for the first nine months of fiscal 2026 (through June 30) show 270,419 H-1B petitions approved and 8,231 denied. Filing volumes stayed roughly in line with the prior year, suggesting employer demand held steady. Separately, the State Department reported more than 300,000 visa revocations across all categories; that figure is not specific to H-1B.
$100,000 H-1B fee remains blocked, even after extension
A federal court vacated the $100,000 fee in June, and the First Circuit declined to reinstate it in July, so USCIS is not collecting it. A September proclamation extended the fee through Sept 21, 2027, but a second judge struck down that version too. The fee never applied to changes of status filed inside the US, such as F-1 to H-1B. The government's appeal continues, so the status could change.
Proposal to end the 60-day grace period for H-1B and other workers
DHS proposed removing the up-to-60-day grace period that workers in H-1B and several other classifications get after a job ends. It does not cover F-1 students or OPT. The proposal does not repeal H-1B portability, so an eligible worker can still start with a new employer once a qualifying petition is properly filed. Comments close Nov 10, 2026; today's grace period still applies.