End H–1B Visa Abuse Act of 2026

United States119th CongressS-5097Senate
Latest legislative activity: Jul 23, 2026

Summary

AI Summary

This bill proposes a comprehensive overhaul of several nonimmigrant visa categories and pathways to permanent residency, beginning with a three-year suspension on the issuance of H-1B visas. Following this pause, the legislation introduces stringent new requirements for the H-1B program, including a reduced annual cap of 25,000 and a maximum visa duration of three years. Employers would be required to attest to a lack of available U.S. workers, offer a minimum annual wage of $200,000, and pay a new $100,000 fee for each H-1B petition.

The bill eliminates the current H-1B lottery system, replacing it with a selection process that prioritizes applicants based on the highest wage levels offered. It also prohibits both concurrent employment and the use of third-party staffing agencies for H-1B workers, while removing the ability for H-1B spouses and children to accompany or follow to join. Furthermore, the legislation eliminates the Optional Practical Training (OPT) program, preventing most foreign students from obtaining employment authorization in the United States.

Crucially, the bill bars federal agencies from petitioning for or employing any nonimmigrant visa holders. It also severely restricts the ability of most nonimmigrants and parolees to adjust their status to permanent residency while in the U.S., rescinding existing employment authorizations based on pending adjustment applications. The legislation also prohibits changes from one nonimmigrant classification to another, significantly limiting pathways for temporary residents to remain in the country.

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Bill texts

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Introduced (Senate)View official text

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Timeline

Latest companion bill action

HR-8443: End H–1B Visa Abuse Act of 2026

Introduced in House

  1. Read twice and referred to the Committee on the Judiciary.

    Senate

  2. Introduced in Senate

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