Stories
US H-1B Rules Tighten: Layoffs, $100K Fee, New Checks Impact Indian Tech Workers
- •US tightens H-1B scrutiny for companies that laid off American workers, impacting Indian tech professionals significantly as they account for 71% of approved H-1B petitions.
- •An executive order directs federal departments to assess if H-1B sponsoring employers laid off US workers or plan future layoffs, aiming to prevent replacement of American jobs.
- •A $100,000 payment requirement for certain H-1B workers outside the US has been extended until September 2027, with exceptions for national interest cases.
- •The Department of Homeland Security proposed removing the 60-day grace period for H-1B workers after employment ends, a change not yet finalized.
- •Wider enforcement, including fraud investigations, a shift towards higher-wage H-1B selection, and expanded social media checks for visa applicants, mark a more scrutinized system.
Key Questions Answered
Under an executive order signed by President Donald Trump on September 18, 2026, the US has increased scrutiny on H-1B sponsoring companies. Agencies will now check whether an employer has laid off similarly situated American workers during the previous year or plans future layoffs that could affect them.
A presidential proclamation extended the $100,000 payment requirement for certain H-1B workers seeking entry to the US for another 12 months, running until September 21, 2027. The requirement applies to covered H-1B workers who are currently outside the United States, with exceptions determined by the Homeland Security secretary.
The State Department already requires online presence reviews and public social media profiles for H-1B applicants and H-4 dependents. Starting October 1, 2026, this screening is expanding to include I visas for foreign media representatives as well as TN and TD visas for USMCA professionals and their dependents.
