Tech Layoffs Update: How Many H-1B Workers Have Been Affected So Far in 2026? 
Tech Layoffs Update: How Many H-1B Workers Have Been Affected So Far in 2026? 

Tech Layoffs Update: How Many H-1B Workers Have Been Affected So Far in 2026? 

Author Author EB1A Experts | September 23, 2026 | 9 Mins

Table of Contents

In “Up in the Air,” an entire movie was made out of the layoffs in a corporation as a headcount issue. In this tech layoffs 2026 update, it is important that one begins from where the headcount ends: there is no federal agency that maintains a record of how many of those who were responsible for the H-1B layoff actually had H-1B status. 

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The Worker Adjustment and Retraining Notification (WARN) Act notices get closest to the mark while still being off the mark by reporting headcount at sites of work but not the immigration status of the separated employees. To that add the March 2026 shutdown of the USCIS H-1B Employer Data Hub and the denominator becomes tougher instead of easier to count.

So the headline question has an answer, but it is a shape rather than a number.

Read More: The Smart Green Card Strategy: Why EB1A Is Becoming a Serious Option for H-1B Talent?

Tech Industry Job Cuts 2026: How Many So Far?

Technology stands out as the exception in what is generally a cooling period. The number of total job cuts announced in the US was 529,914 by August 2026, which marks a 41 percent decline from 892,362 in 2025.

The 41 percent decrease is also not as pronounced as it may seem when removing the government industry, whose job cuts last year skewed the baseline. The figure is actually 15 percent, at 507,685 versus 597,089.

Measure, Jan to Aug 202620262025Change
All US announced cuts529,914892,362Down 41%
Technology sector cuts155,126102,239Up 52%
Cuts citing AI as a factor116,175n/a~22% of all cuts
August alone, all sectors52,881n/aQuietest August since 2022

Technology comprises 29 percent of all US job cuts announced this year, higher than any other sector. Transport increased by 271 percent and FinTech 305 percent, but these increases have been from lower bases, with 42,279 and 7,347 cuts, respectively.

H1B Job Loss Statistics: How Many Are Affected?

There are no reliable statistics on job losses via the H1B program in 2026, and anybody providing an exact number is engaged in modelling, not counting. What we do have is the number and distribution of the at-risk population.

In FY2025, there were 406,348 H-1B petition approvals from USCIS and DHS, 283,772 (or around 70%) of which were for Indians. This provides us with the scale and concentration of the problem. It does not give us any idea as to the number of those who lost their jobs this year.

CompanyEmployees cut in 2026Layoff events
Oracle21,0002
Amazon17,5367
Dell11,0001
Meta10,4004
Microsoft4,8001
Uber3,3003

Avoid the mathematics that comes with these statistics. Comparisons of an employer’s labor condition certifications versus its number of layoffs are meaningless, since a labor condition certification is a permit to hire and does not indicate employment, and each certification can cover many employees. Geography is a better metric, and just California and Washington represent 146,531 announced layoffs so far this year.

It is easy to turn to Indian tech companies for the next round, as they continue to be some of the biggest recipients of H-1B visas, but their situation is far from the same. TCS confirmed approximately 12,000 job cuts for FY26, when its net employee reduction was 23,460 considering attrition and hiring. Infosys ended up with more people in FY26 than at the start, while Wipro attributed 20,000 employee capacity created by AI.

Three Policy Shifts That Reshaped 2026

The numbers are not the story. In just half a year, three distinct moves have altered the significance of layoffs for those on employment-based nonimmigrant visas.

ActionDateStatusEffect if it holds
DHS proposed rule removing the discretionary grace period11 Sep 2026Proposed, comment period open to roughly 10 Nov 2026Ends the up-to-60-day window for H-1B, L-1, O-1, E, TN and dependents
Executive order on layoffs and H-1B adjudication18 Sep 2026SignedAgencies weigh an employer’s prior-year and planned layoffs at LCA, petition, visa issuance and admission
$100,000 H-1B fee renewed by proclamation18 Sep 2026Renewed while litigation continuesRaises the cost of sponsoring a new H-1B worker, subject to court outcome

It is the cost that has introduced the greatest ambiguity. A federal district court vacated the original September 2025 proclamation on the grounds of it being an improper tax. And the First Circuit Court of Appeals refused to stay that decision on 24 July 2026, making that iteration unenforceable. The new cost proclamation went into effect on 18 September 2026, and DHS has simultaneously proposed another cost of $103,265.

What truly counts is the compounding. The cost of sponsorship has risen; the laying-off employer now constitutes an even riskier sponsor, and the period of time to find a replacement sponsor is subject to proposed repeal.

H1B Grace Period Layoffs: Your First 48 Hours

In cases where layoffs include H1B grace periods, timing begins from a particular date; thus, begin with that date. The H1B grace period starts from the last day of work and not the last payment day for 60 days or until the end of the validity period, whichever comes first, according to 8 CFR 214.1(l)(2).

  1. Get your final day of work in writing. Severance is not an upgrade in your status, regardless of how generous your severance package might be. Meta’s generous 16 weeks of salary plus 18 months of health benefits did not advance the status of their employees.
  2. Find out whether your employer will keep you on the payroll during a notice period. You staying employed on payroll is the least expensive way to extend status.
  3. Clarify the requirement of return transportation. If the employer terminates before the end of the authorized period, then the employer generally has an obligation to provide the cost of your return transportation back home.
  4. Watch the B-2 fall-back. There is evidence that there has been a significant increase in Requests for Evidence and Notices of Intent to Deny when it comes to filing a change of status for laid-off H-1B employees until 2026.
  5. Map out all options by day 10. An employer’s H-1B application, change of status to H-4, F-1 or B-2, or switching to O-1 or L-1 have varying deadlines and burdens of proof.
  6. Don’t presume that the grace period will still apply. It is in the proposal phase by the DHS and is not yet law but should influence your decision on speed.

Consult an immigration lawyer before submitting any documents. It is during the order of presenting the transfer petition relative to the change of status that mistakes are made.

Where Self-Petition Routes Fit

Sponsorship from the employer is the critical limitation in 2026, hence the interest in self-petitioning categories. In terms of requirements, EB-1A and EB-2 NIW do not need an employer to petition, while O-1A can be petitioned by a U.S. agent apart from the employer.

The eligibility criterion has not changed either. The requirement is to show a major internationally recognized prize or three out of the six regulatory criteria, which will not show eligibility since there will still be a review of the totality of the record to determine whether there is extraordinary ability and sustained recognition.

A lay-off does not create a qualifying record. It means that there is a misunderstanding of the criteria in viewing these categories as an alternative to a fall back. What you need is an Evidence Strategy.

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FAQs

1. How many tech layoffs have occurred in 2026 so far?

Challenger, Gray & Christmas counted 155,126 layoffs in the technology sector announced in the United States in January-August 2026, 52 percent higher than the 102,239 figure a year ago.
This refers to announced layoffs, not actual layoffs, and technology comprises 29 percent of the 529,914 total US layoffs year to date. Layoffs.fyi, which tallies events around the world, reported 129,288 as of 20 September. Check recent figures before quoting.

2. How many are estimated to involve H-1B holders?

There is no accurate estimate for the simple reason that no entity tracks visa status among those laid off.
USCIS releases applications and approvals but not layoffs; the H-1B Employer Data Hub of USCIS was closed down in March 2026; and in any case, WARN notices do not carry any information about immigration status. What is known is the magnitude: 406,348 H-1B approvals in fiscal year 2025, of which 283,772 were Indians. Any estimate of H-1B layoffs is modeled.

3. What should a newly laid-off H-1B holder do first?

Identify the date of the last worked day since the 60-day grace period of discretion starts counting from this date, not from the last payment date.
Find out if your employer will retain you on its payroll throughout the notice period, since remaining an active employee maintains your status in a way severance cannot and makes sure of return transportation arrangements. Plan your filing process as quickly as possible, since practitioners note increased requests for proof and notices of intent to deny for change-of-status filings. Talk to an immigration lawyer before filing anything.

4. Has the pace of layoffs slowed or accelerated?

Both, based on the timeframe. Technology layoffs increased 52 percent year to date, but just 6,103 technology jobs were cut in August, the fewest monthly number this year for the sector.
It was also the least busy August since 2022 in any sector with 52,881 job cuts and plans to hire up 37 percent versus one year ago. Artificial intelligence dropped to the fourth-most cited reason, ending a five-month stint atop the list. One month does not make a hiring market.
When trying to decide between your choices following the lay-off, the right thing to think about at this point is if the case that you have is enough for a self-petition or not, and not if it will be possible in the future.

Talk to our EB1A Experts team to find out what you can prove based on the documentation that you have now.

To make the difference between approval and costly delays,