In a move that could reshape the way U.S. companies hire and retain foreign talent, the White House released an executive order on September 18 that was publicly detailed by several industry groups on September 24, 2026. The order revives a supplemental filing fee—often called the “H-1B training fee”—that lapsed in 2025 and directs the Departments of Labor, Homeland Security, State and Commerce to create a single, shared database of layoff information for employers that sponsor H-1B workers. Under the directive, employers that have laid off or intend to lay off similarly-situated U.S. workers within 90 days of filing an H-1B petition will face an additional layer of scrutiny. The Labor Department must certify that no U.S. worker is being displaced, while USCIS is instructed to fast-track denial of petitions that appear to evade the new rules. The order also revives the $4,000 supplemental fee—which had sunset last year—for employers that have more than 50 employees and whose workforce is more than 50 percent H-1B or L-1 workers. Revenues are earmarked for modernizing USCIS case-processing systems and funding labor condition investigations. Business immigration attorneys say the added due-diligence requirement will slow hiring timelines and add cost uncertainty just weeks before the FY 2028 H-1B cap season opens. Technology and consulting firms—historically the heaviest users of H-1Bs—face the greatest compliance burden because even planned workforce reductions trigger the review. Some are already exploring remote-first arrangements that place foreign staff outside the United States, although that raises permanent-establishment and export-control questions. For corporate mobility managers, the practical takeaway is to coordinate early with HR and legal teams on any U.S. workforce actions or restructuring that could coincide with H-1B filings next spring. Employers should also budget for the revived fee and anticipate more RFEs (Requests for Evidence) related to layoff attestation. Finally, because fee proceeds will help USCIS expand premium-processing capacity, petitioners may see faster adjudications once the new funding stream is active—though that benefit will likely lag several quarters behind the added costs.
