If employers lay off Americans and choose H-1B workers what happens next? Trump’s new order puts US firms under scrutiny

President Donald Trump's new executive order requires employers sponsoring H-1B workers to face closer scrutiny if they have recently laid off American workers or are planning job cuts that could affect similarly situated US employees. The order directs the Departments of Labor, Homeland Security, and State to consider an employer's recent or planned layoffs when processing H-1B labor condition applications, petitions, visas, and requests for entry into the US.

This measure does not state that an employer automatically loses the ability to sponsor H-1B workers after conducting layoffs, but rather, layoffs are now a factor federal agencies must take into account when assessing H-1B cases.

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