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The latest measures affect different parts of the U.S. immigration process: H-1B agencies are directed to consider certain employer layoffs, a $100,000 payment condition applies to certain H-1B entry and visa situations, and eight companies were announced as suspended from PERM processing. The PERM announcement does not itself end H-1B work authorization or revoke existing visas. This summary reflects announcements and reporting available through October 9, 2026.
What changed, and when?
Three developments announced in September and October 2026 are being grouped under the phrase “visa crackdown,” but they have different triggers and consequences. H-1B is a temporary work classification; PERM is a Department of Labor labor-certification process commonly used in some employer-sponsored green-card cases. A worker may encounter both at different points, but one is not a substitute for the other.
| Measure | Immigration stage | Who or what it concerns | Key timing |
|---|---|---|---|
| Executive order on layoffs | H-1B labor-condition applications, petitions, visas, and entry | Agencies are directed to take certain sponsor layoffs or planned layoffs into account | Order dated September 18, 2026; directs Labor to begin reviewing prior labor-condition application data within 30 days |
| $100,000 payment condition | Visa issuance and entry for certain H-1B cases | Certain petitions filed after the specified September 2025 cutoff, unless payment is made or an exception applies | September 2026 proclamation extends the restriction for 12 months, until 12:00 a.m. EDT on September 21, 2027 |
| PERM suspensions | Employer-sponsored permanent-residency process | Processing suspensions announced for eight named companies | Announcement reported October 8, 2026; legal and administrative status may change |
| Online-presence screening | Visa screening | TN and TD applicants were added to the review; H-1B was already listed among categories subject to it | State Department announcement dated September 18; expansion effective October 1, 2026 |
The table describes the announced measures, not a determination of how an agency will decide any individual case.
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How can layoffs affect H-1B cases?
The September 18 executive order directs the Secretaries of State, Labor, and Homeland Security to consider whether an H-1B sponsor “directly or indirectly engaged in layoffs within the previous year or plans future layoffs” that negatively affect similarly situated U.S. workers. The agencies are also directed to coordinate with Commerce, Education, and the Small Business Administration in administering H-1B petitions, labor-condition applications, visas, and entries.
The order makes layoffs a factor for agencies to consider; its wording does not automatically disqualify every employer that has laid off workers, nor does it decide the outcome of a particular petition. The order directs Labor to start reviewing prior labor-condition application data within 30 days.
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The White House presented the order as a program-integrity measure and said the administration intends to protect and prioritize the American workforce. Those are the administration’s stated rationale and policy position, not a finding that a particular employer violated immigration rules.
Who is covered by the $100,000 H-1B payment condition?
Proclamation 11069, issued September 18 and published in the Federal Register on September 23, 2026, extends the earlier restriction for 12 months. The State Department says it applies to visa issuance and entry based on H-1B petitions filed with USCIS after September 21, 2025, at 12:01 a.m. EDT, unless the payment requirement is met or an exception applies. The proclamation’s end date is 12:00 a.m. EDT on September 21, 2027.
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This is not a universal $100,000 charge on every H-1B worker, employer, or petition. The relevant filing date, whether the person is seeking visa issuance or entry, and any applicable exception matter. The State Department says no visas have been revoked pursuant to the 2025 proclamation; that statement should not be stretched into a guarantee about every case or every other basis for visa action.
Which companies were suspended from PERM processing?
On October 8, 2026, Vice President JD Vance announced suspensions from the Permanent Labor Certification Program for Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini, according to Associated Press and Axios reporting. PERM is commonly an early step in an employer-sponsored employment-based green-card case. The announced action concerns that permanent-residency process, not the H-1B category as a whole.
The administration alleged abuse and pointed to layoffs. The AP reported that the named companies had not immediately responded to requests for comment at the time of its report. These allegations should not be treated as established findings of wrongdoing by a court or agency. Axios reported that the PERM action did not revoke already-issued green cards or suspend or cancel existing H-1B visas.
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The announcement’s legal and administrative status is time-sensitive. A PERM processing suspension can affect the progress of a covered employer’s sponsorship cases, but it does not, by itself, terminate a worker’s separate H-1B status or work authorization.
What does the online-presence review change?
The State Department announced on September 18 that, effective October 1, 2026, online-presence review was expanded to TN and TD visa applicants, including USMCA professionals and their dependents. It instructed TN and TD applicants to set social media profiles to public or open. The announcement also lists H-1B and several other classifications as already subject to this screening.
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This is a visa-screening measure, separate from both the H-1B payment condition and the PERM suspensions. The expansion described in the announcement is about TN and TD applicants; it does not mean every tech worker is subject to the same new requirement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What do the reported H-1B statistics show?
The White House and Federal Register reported a 92% decrease in combined H-1B registrations filed by the largest IT staffing and outsourcing firms, from 24,946 to 2,055. They also reported a nearly 97% decrease in consular-processing requests between the FY 2025 and FY 2027 cap seasons. The White House said FY 2027 registrations fell by almost 40% after a wage-weighted selection process replaced random selection.
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These are administration-reported figures, not independent proof of why registrations or requests changed, or what the changes mean for tech hiring. The September 2026 proclamation also said more than 700 petitions had made the $100,000 payment since the original measure took effect.
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The practical effect depends on the person’s immigration status, the petition’s filing date, the employer, and how agencies implement the measures. A worker considering a change of employer, travel, a visa application, or a green-card case should identify which process applies before acting.
- For an H-1B case: Check the petition filing date and whether the worker is seeking visa issuance or entry; determine whether the payment condition or an exception applies.
- For an employer with layoffs: Review the order’s focus on layoffs during the prior year and planned layoffs affecting similarly situated U.S. workers. The order directs agency consideration; it does not supply an automatic outcome.
- For an employee of a named company pursuing a green card: Confirm how the PERM announcement affects the particular case and whether later agency or court action has changed its status.
- For TN or TD applicants: Follow the State Department’s online-presence instructions for the visa application.
Because the cited measures may be affected by later agency guidance or litigation, check current information from the relevant U.S. government agency and consult qualified immigration counsel before making an individual legal or travel decision.
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