United States Immigration Policy Update – September 25, 2026

Welcome to this week’s immigration update. This week brought several important developments involving H-1B workers and employers, visa screening, consular processing, and proposed changes to the broader immigration system. Some of these policies are already in effect, some remain tied up in court, and others are only proposals. Here is what you need to know.

Increased H-1B Scrutiny for Employers With Recent Layoffs

On September 18, the White House issued a new Executive Order directing federal agencies to consider an H-1B sponsoring employer’s recent and planned layoffs when reviewing H-1B-related filings and visas.

Under the order, the Department of Labor, Department of Homeland Security, and Department of State must consider whether an employer has laid off similarly situated U.S. workers within the previous year or plans to do so in the future.

This does not mean that an employer that has conducted layoffs is automatically prohibited from sponsoring H-1B workers. It does mean that employers with recent or anticipated layoffs should expect greater scrutiny.

$100,000 H-1B Restriction Extended; Litigation Continues

The White House also extended its H-1B entry restriction for another year, through September 21, 2027.

The proclamation continues the policy requiring a $100,000 payment for certain H-1B workers outside the United States who need to enter based on a covered petition, subject to limited exceptions.

However, there is an important qualification: a federal court vacated the $100,000 payment requirement, and the government’s appeal remains pending. Therefore, at this time, the $100,000 payment is not required.

We will continue to monitor the ongoing litigation.

State Department Expands Social Media Screening

Starting October 1, the Department of State will expand its online-presence review to additional nonimmigrant visa applicants.

The expanded review will now include applicants for TN and TD visas, as well as I visas for foreign media representatives. Applicants in those categories are being instructed to set their social media profiles to “public” or “open” for purposes of visa vetting.

The practical takeaway is to make sure the information in your visa application is accurate and consistent with your online presence.

New Public Charge Rule Takes Effect; Legal Challenge Continues

The new public charge rule took effect on September 18. It gives USCIS officers broader discretion to consider an applicant’s overall circumstances when deciding whether the person is likely to become a public charge.

The rule is being challenged in court, but at this time it remains in effect.

SMARTER Act Introduced in Congress

A new bill called the SMARTER Act proposes significant changes to legal immigration, including a new skills-based system, narrower family-based immigration categories, and elimination of the Diversity Visa Program.

We will continue monitoring the legislation, but at this stage, it is only a bill and has not changed current immigration law.

We’re Here to Help

If you have questions about how any of these updates may affect your case, please reach out to us. We are here to help.

Disclaimer: This newsletter is for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and the information above may not apply to your specific situation. Please consult with a qualified immigration attorney before making any decisions based on this update. Reading this newsletter does not create an attorney-client relationship.