EO-14431
Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program
- Signed
- Sep 18, 2026
- Published
- Sep 23, 2026
Federal Register: 2026-19555
Source: Federal Register.
Increased Scrutiny and Interagency Review of H-1B Visa Petitions
Impact4/10
What it does
This order directs the State, Labor, and Homeland Security Departments to coordinate with Commerce, Education, and the Small Business Administration when reviewing H-1B visa petitions and applications. It directs agencies to consider whether an employer has conducted layoffs of similarly situated U.S. workers when deciding on H-1B applications, and directs the Labor Department's Wage and Hour Division to review past labor condition applications for possible violations. It also delegates certain presidential authority under INA section 215(a) to implementing agencies.
Who benefits
American workers in fields that compete with H-1B labor, particularly in technology and engineering, who may see reduced downward wage pressure or displacement; labor unions and worker-advocacy groups; domestic workers previously laid off by H-1B-reliant employers; and agencies like the Wage and Hour Division gaining expanded review authority.
Who is affected
Employers who rely heavily on H-1B labor, including outsourcing and IT staffing firms; foreign workers currently on or seeking H-1B visas, including those at companies with recent layoffs; universities and research institutions that sponsor H-1B scholars; and industries facing longer processing times or increased compliance burdens from added interagency review.
Supporters argue
Supporters argue the H-1B program has been misused by some employers to replace qualified American workers with lower-paid foreign labor, citing documented wage gaps and layoff-then-hire patterns. They contend that coordinating agency review and factoring in employer layoff history would restore the program's original purpose of filling genuine skill gaps rather than undercutting domestic wages, while increased Labor Department scrutiny of past applications would help detect fraud already flagged by government investigations.
Opponents argue
Opponents argue the order could slow legitimate visa processing for employers who rely on specialized foreign talent to fill real skills shortages, particularly in technology, engineering, and research. They contend that linking visa approval to an employer's general layoff history, without distinguishing unrelated layoffs from displacement of similarly situated workers, could unfairly penalize companies undergoing normal restructuring and create uncertainty for both employers and skilled workers seeking to work legally in the United States.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order relies on the President's authority under Article II to direct executive branch agencies and on statutory provisions of the Immigration and Nationality Act, including 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), 1184(i), and 1185(a) (INA section 215(a)), the last of which is expressly delegated to agency heads under 3 U.S.C. 301.