President Donald Trump signed an executive order on 18 September 2026 that directs federal agencies to apply heightened scrutiny to H‑1B non‑immigrant visa applications.

The order requires agencies to examine whether sponsoring employers have conducted or plan to conduct layoffs affecting U.S. workers, with the review covering the past year and any future reductions, including indirect layoffs.

The rule also extends a $100,000 payment requirement for certain H‑1B applications for an additional 12 months, now running through 21 September 2027.

The layoff consideration applies at every stage of the H‑1B process, from the Department of Labor’s certification of a Labour Condition Application to USCIS adjudication, consular issuance and border entry.

The Secretary of Labor must begin reviewing previously submitted LCA data within 30 days of the order’s signing to identify any employer breaches.

Why the change matters for Kenyan workers

Kenyan professionals have traditionally used the H‑1B programme to access U.S. jobs in software engineering, AI, cybersecurity and data science, making the United States a key destination for skilled Kenyan graduates.

Historically, Kenyan talent has been attractive because sponsoring firms pay a $215 visa fee, far lower than the $100,000 threshold now applicable to certain categories.

The new measures add both financial and administrative barriers, and firms that have recently reduced staff may face closer examination of any new H‑1B petitions they submit.

Early effects on the H‑1B market

According to the White House, registrations from the largest IT outsourcing firms fell by 92% after 2025 restrictions, and total employer registrations dropped to about 344,000 in 2025 – a decline of more than 25% from 2024 and less than half the 794,000 applications filed in 2023.

Approvals for the top 100 H‑1B employers, including Amazon, Apple and Microsoft, are projected to decline by over 10% in fiscal year 2026.

Advice for Kenyan applicants

Kenyan professionals should verify that prospective sponsors have not carried out relevant layoffs in the past year and have no plans for such reductions.

Applicants should expect longer processing times and be prepared to submit more extensive documentation as agencies implement the order.

Immigration attorneys recommend building applications that can withstand the stricter vetting environment, while also considering alternative destinations such as the United Kingdom, Canada and Germany.