This bill reasserts Congress's constitutional authority over authorizing employment for classes of aliens. It clarifies that the Immigration and Nationality Act applies to an alien's entire stay and limits the Department of Homeland Security's regulatory power to setting admission duration and ensuring departure. The Act also requires DHS to update nonimmigrant rules to align with these changes. For H-1B reform, the bill amends the definition to require nonimmigrants to maintain a foreign residence with no intention of abandoning it, effectively repealing the immigrant presumption for H-1B visa holders. It also repeals special provisions for lengthy adjudications and the general admission of nonimmigrants under certain sections. The legislation significantly overhauls the Labor Condition Application (LCA) process, requiring employers to uniquely identify potential nonimmigrants and pay wages at the 75th percentile or actual wage, whichever is higher. Employers must certify the unavailability of sufficient U.S. workers, conduct extensive recruitment efforts including advertising on a Department of Labor website, and offer jobs to equally or better qualified U.S. workers. Furthermore, it prohibits employers from displacing U.S. workers, laying off U.S. workers within one year of an H-1B application, or having more than 5 percent nonimmigrant employees. The bill establishes robust enforcement powers for the Secretary of Labor, including fines up to $100,000 per violation and 10-year bans for employers, while granting displaced U.S. workers a cause of action in Federal courts. It also reduces the H-1B visa duration to two calendar years , caps the total number at 65,000, and limits country-specific visas to 7 percent, prioritizing petitions with higher salaries.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
American White-Collar Worker Jobs Act of 2026
USA119th CongressHR-9157| House
| Updated: 6/4/2026
This bill reasserts Congress's constitutional authority over authorizing employment for classes of aliens. It clarifies that the Immigration and Nationality Act applies to an alien's entire stay and limits the Department of Homeland Security's regulatory power to setting admission duration and ensuring departure. The Act also requires DHS to update nonimmigrant rules to align with these changes. For H-1B reform, the bill amends the definition to require nonimmigrants to maintain a foreign residence with no intention of abandoning it, effectively repealing the immigrant presumption for H-1B visa holders. It also repeals special provisions for lengthy adjudications and the general admission of nonimmigrants under certain sections. The legislation significantly overhauls the Labor Condition Application (LCA) process, requiring employers to uniquely identify potential nonimmigrants and pay wages at the 75th percentile or actual wage, whichever is higher. Employers must certify the unavailability of sufficient U.S. workers, conduct extensive recruitment efforts including advertising on a Department of Labor website, and offer jobs to equally or better qualified U.S. workers. Furthermore, it prohibits employers from displacing U.S. workers, laying off U.S. workers within one year of an H-1B application, or having more than 5 percent nonimmigrant employees. The bill establishes robust enforcement powers for the Secretary of Labor, including fines up to $100,000 per violation and 10-year bans for employers, while granting displaced U.S. workers a cause of action in Federal courts. It also reduces the H-1B visa duration to two calendar years , caps the total number at 65,000, and limits country-specific visas to 7 percent, prioritizing petitions with higher salaries.