End H–1B Visa Abuse Act of 2026
- Sponsor
- Rep. Crane, Elijah [R-AZ-2]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 22, 2026
Bottom line
This bill proposes a comprehensive and highly restrictive overhaul of several key U.S. temporary visa programs, aiming to significantly reduce the number of foreign workers and students in the country and prioritize domestic labor.
What it actually does
This bill enacts a three-year pause on the issuance of H-1B visas and, after that period, significantly reforms the program by reducing the annual cap to 25,000, limiting visa duration to three years, imposing a $100,000 fee per petition, and establishing a $200,000 annual wage floor. It also eliminates the H-1B lottery in favor of a wage-based selection, prohibits concurrent and third-party employment, and removes dependent visas for H nonimmigrants. Beyond H-1B, the bill broadly restricts federal employment of nonimmigrants, eliminates the Optional Practical Training (OPT) program for foreign students, and largely prohibits nonimmigrants from adjusting or changing their status while in the United States.
Proponents argue
Proponents argue that the bill is necessary to protect American workers from job displacement and wage depression, particularly in high-skill sectors. They contend that the current H-1B program is subject to abuse by employers seeking cheaper labor, and that a pause and subsequent reforms, including a high wage floor and elimination of the lottery, will ensure that H-1B visas are used only for truly specialized, high-value positions where no American workers are available. They also believe that ending OPT and restricting status changes will close perceived loopholes and ensure temporary visas remain temporary.
Opponents contend
Opponents argue that the bill's drastic measures would severely harm U.S. economic competitiveness, innovation, and global standing. They contend that a three-year H-1B pause, a $100,000 fee, and a $200,000 wage floor would make it impossible for many legitimate businesses, especially startups and those in critical sectors like technology and healthcare, to access essential talent. Critics also argue that eliminating OPT and restricting pathways to permanent residency would deter international students and highly skilled professionals from coming to or staying in the U.S., leading to a 'brain drain' and significant economic disruption for individuals and families.
The bill is concise and its provisions are clearly stated, making it accessible for a reader to understand its core changes within a reasonable timeframe.
Section 2
Three-Year Pause on H-1B Visa Issuance
This provision mandates a complete halt on the issuance of H-1B nonimmigrant visas for a period of three years following the bill's enactment. During this time, no new H-1B visas would be granted to foreign workers, effectively freezing the program.
Supporters argue
Proponents argue that this pause is essential to protect American jobs and allow the U.S. labor market to recover without competition from foreign workers. They believe it provides a necessary reset for the H-1B program before reforms are implemented.
Critics contend
Opponents contend that a three-year pause would severely cripple U.S. industries, particularly in technology and healthcare, which rely on H-1B workers to fill critical skill gaps. They argue it would force companies to move operations abroad and stifle innovation.
Tradeoffs
The provision balances the immediate protection of domestic jobs against the potential for significant economic disruption and a reduction in access to specialized global talent for U.S. industries.
Section 3(a)
Eliminating Dual Intent for H-1B Visas
This provision amends the Immigration and Nationality Act to remove H-1B visas from the exception to the 'presumption of immigrant intent.' This means that H-1B applicants would no longer be permitted to simultaneously harbor an intent to become a permanent resident while applying for a temporary H-1B visa, requiring them to prove non-immigrant intent.
Section 3(b)
Reducing H-1B Cap and Visa Duration
This provision significantly reduces the annual numerical limit for H-1B visas to 25,000 in any fiscal year, down from the current 65,000 regular cap plus an additional 20,000 for those with U.S. master's degrees. Additionally, it shortens the maximum duration for an H-1B visa from six years to three years.
Section 3(c)
Imposing a $100,000 H-1B Fee
This provision establishes a new, substantial fee of $100,000 for each employer filing an H-1B petition, applicable for fiscal year 2026 and each fiscal year thereafter. This fee applies both to petitions for granting new H-1B status and for authorizing an H-1B alien to change employers.
Section 3(d)
Establishing $200,000 H-1B Wage Floor and Enhanced Recruitment Requirements
This provision introduces stringent new requirements for H-1B employers. It mandates that employers attest to a $200,000 annual wage floor for H-1B workers, confirm no sufficient U.S. workers are available, attest that foreign employment will not adversely affect U.S. wages, and certify no layoffs occurred in the 12 months prior or will occur in the 12 months following the petition. It also removes exemptions for certain H-1B nonimmigrants from existing requirements.
Section 3(e)
Replacing H-1B Lottery with Wage-Based Selection
This provision eliminates the current H-1B lottery system, which randomly selects petitions when demand exceeds the annual cap. Instead, it mandates that H-1B visas be issued in order of the highest wage levels offered by petitioning employers, following a two-week registration period each year.
Section 3(f)
Prohibiting Concurrent and Third-Party H-1B Employment
This provision adds two new paragraphs to the Immigration and Nationality Act. It explicitly prohibits an H-1B visa holder from being employed by more than one employer at a time. It also bans third-party employment or staffing agencies from filing petitions to sponsor H-1B nonimmigrants or from facilitating their recruitment or employment on behalf of another employer.
Section 4
Eliminating Dependent Visas for H Nonimmigrants
This provision amends the Immigration and Nationality Act to remove the clause that allows the alien spouse and minor children of an H nonimmigrant to accompany or follow to join them. This effectively eliminates the ability for family members to obtain H-4 visas or similar dependent statuses.
Section 5
Barring Federal Government from Sponsoring or Employing Nonimmigrants
This provision adds two new clauses to the Immigration and Nationality Act. It explicitly prohibits any agency, department, or instrumentality of the Federal Government from filing a petition for any nonimmigrant visa (Section 5(a)). Furthermore, it bars any federal entity from employing, either directly or through a contract, any nonimmigrant visa holder (Section 5(b)).
Section 6
Ending Employment Authorization for Foreign Students (OPT)
This provision adds a new subsection to the Immigration and Nationality Act that broadly prohibits employment authorization for foreign students in the United States. Specifically, it bans employment authorization for F (academic) and M (vocational) student visa holders, as well as J (exchange visitor) visa holders who were admitted for educational or training purposes.
Section 7
Broad Prohibition on Adjustment of Status for Nonimmigrants
This provision fundamentally alters the process for obtaining permanent residency by making most nonimmigrants, temporary parolees, and other aliens with temporary authorized presence ineligible to adjust their status to permanent residence while residing in the United States. It also immediately rescinds all existing employment authorizations granted based on pending adjustment of status applications and denies any pending applications, refunding associated fees. Limited exceptions are made for refugees, asylum applicants before enactment, and conditional permanent residents.
Section 8
Banning Changes Between Nonimmigrant Classifications
This provision amends the Immigration and Nationality Act to prohibit the Secretary of Homeland Security from authorizing a change from any nonimmigrant classification to any other nonimmigrant classification. This means, for example, a student visa holder (F-1) could not change to a temporary worker visa (H-1B) while remaining in the U.S.
This provision immediately rescinds all employment authorizations granted to aliens pursuant to 8 CFR 274a.12(c)(9) and invalidates associated employment authorization documents. It also mandates the denial of all pending applications for such employment authorizations and the refunding of any associated fees.
Section 7(b)
Why it matters:While referring to specific regulations is standard legislative practice, the immediate and retroactive impact of this clause on the employment status of potentially hundreds of thousands of individuals is highly consequential and could be easily overlooked by a non-expert reading the bill.
Case for: Proponents would argue that this immediate rescission is necessary to ensure the full and swift implementation of the bill's intent to restrict adjustment of status. It prevents individuals from continuing to work based on a pathway to permanent residency that the bill aims to eliminate.
Case against: Critics would contend that this provision creates immediate and severe economic hardship for a large number of individuals and their families, forcing them out of jobs without warning. It is seen as a punitive and disruptive measure that could lead to widespread instability.
Estimated impact: This provision would immediately affect potentially hundreds of thousands of nonimmigrants who are currently working under employment authorizations tied to pending adjustment of status applications, leading to immediate job loss and financial instability for these individuals and their employers.