Executive Order on H-1B Program Is Latest Sign of Immigration Program Risks for Employers | Compliance and Enforcement

The Trump Administration's recent executive order increases scrutiny on H-1B visa applications, indicating potential risks for employers hiring foreign workers at the expense of American jobs.

On September 18, 2026, the Trump Administration issued an executive order aimed at scrutinizing H-1B visa applications more closely. This action stems from findings suggesting that the H-1B program has been abused to benefit companies at the expense of American workers. Specific guidelines require employers' layoff records to be considered when they are applying for H-1B petitions.

The order characterizes ignoring the displacement of American workers as a national security risk. Employers who continue to hire H-1B workers after laying off U.S. workers will face increased scrutiny from federal agencies. This includes the Department of Labor launching an initiative called “Project Firewall,” which enables investigations into companies potentially misusing the H-1B program.

Moreover, the Department of Justice (DOJ) is focusing on anti-discrimination efforts to protect U.S. workers from employment discrimination based on immigration status. This initiative has been reinvigorated recently, with strict emphasis on the hiring practices of tech companies that primarily rely on H-1B workers. Consequently, employers are advised to align their hiring practices with standard recruitment processes to avoid legal issues stemming from H-1B applications.

Source: Compliance and Enforcement – https://wp.nyu.edu/compliance_enforcement/2026/10/29/executive-order-on-h-1b-program-is-latest-sign-of-immigration-program-risks-for-employers