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

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. 

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 USCIS H-1B Employer Data Hub, which went offline in March 2026 and was restored only in part, 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. US employers announced 573,195 job cuts from January to September 2026, down 39 percent from 946,426 in the same period of 2025.

The 39 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 550,185 versus 646,671.

The 39 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 550,185 versus 646,671.

Technology comprises 29 percent of all US job cuts announced this year, higher than any other sector. Through August, 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.

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 through August.

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.

It is the cost that has introduced the greatest ambiguity. The U.S. District Court for the District of Massachusetts vacated the original September 2025 policy on 8 June 2026. And the First Circuit Court of Appeals refused to stay that decision on 24 July 2026, making that iteration unenforceable. The new proclamation, signed 18 September 2026, took effect 21 September 2026 for 12 months, but the fee is not being collected while the district court’s vacatur stands. Separately, on 25 August 2026, DHS proposed a $103,265 fee for cap-subject H-1B petitions; that rule is not in effect.

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. Practitioners report more Requests for Evidence and Notices of Intent to Deny on change-of-status filings by laid-off H-1B workers in 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 a one-time major internationally recognized award or evidence meeting at least three of the ten regulatory criteria, followed by a review of the full record to decide whether you have 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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