S. 5097

119 S5097 IS: End H–1B Visa Abuse Act of 2026
 U.S. Senate
 2026-07-23
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 5097  IN THE SENATE OF THE UNITED STATES   July 23, 2026   Mr. Sheehy  (for himself and  Mr. Moreno ) introduced the following bill; which was read twice and referred to the  Committee on the Judiciary    A BILL
To amend the Immigration and Nationality Act to provide for a pause on the issuance of H–1B visas until certain limitations on the issuance thereof are implemented.
1.
Short title
This Act may be cited as the   End H–1B Visa Abuse Act of 2026  .
2.
Suspending the issuance of H–1B visas
Notwithstanding any other provision of law, no alien may be issued a nonimmigrant visa described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(B) ) until the date that is 3 years after the date of the enactment of this Act.
3.
Restricting H nonimmigrant visas to primary workers
Section 101(a)(15)(H) is amended by striking  ; and the alien spouse and minor children of any such alien specified in this paragraph if accompanying him or following to join him .
4.
Necessary reforms to H–1B visa requirements
(a)
Wage floor and recruitment requirements
Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A)—
(i)
in clause (i)(II), by striking  and  at the end;
(ii)
by redesignating clause (ii) as clause (vi); and
(iii)
by inserting after clause (i) the following:
(ii)
attests that there are not sufficient workers who are able, willing, qualified, and available at the time of application for a nonimmigrant visa and admission to the United States at the place where an alien is needed to perform such labor;
(iii)
attests that the employment of such alien will not adversely affect the wages or working conditions of workers in the United States who are similarly employed;
(iv)
has not laid off any workers during the most recent 12-month period and will not lay off any workers during the 12-month period immediately following the submission of the application;
(v)
is offering to pay each alien granted nonimmigrant status described in section 101(a)(15)(H)(i)(b) wages at a rate that is not less than $200,000 per year; and
  ; and
(B)
in subparagraph (E)(ii), by striking  An application is not described in this clause if the only H–1B nonimmigrants sought in the application are exempt H–1B nonimmigrants. ;
(2)
in paragraph (2)(E), by striking  a nonexempt  and inserting  an ; and
(3)
by amending paragraph (3) to read as follows:
(3)
In this subsection, the term  H–1B-dependent employer  means an employer that—
(A)
(i)
has 25 or fewer full-time equivalent employees who are employed in the United States; and
(ii)
employs more than 7 H–1B nonimmigrants;
(B)
(i)
has at least 26, but not more than 50, full-time equivalent employees who are employed in the United States; and
(ii)
employs more than 12 H–1B nonimmigrants; or
(C)
(i)
has at least 51 full-time equivalent employees who are employed in the United States; and
(ii)
employs H–1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.
 .
(b)
Ending dual intent
Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking  , and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) .
(c)
Tariff on the importation of labor
Section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) is amended—
(1)
by redesignating paragraphs (10), (11), (12), (13), and (14) as paragraphs (11), (12), (13), (14), and (15), respectively;
(2)
by inserting after paragraph (9) the following:
(10)
Additional H–1B fee
(A)
In general
Notwithstanding any other provision of law, during fiscal year 2026 and during each fiscal year thereafter, a fee of $100,000 shall be imposed on each employer filing a petition under paragraph (1)—
(i)
to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b); or
(ii)
to obtain authorization for an alien previously granted such status to change employers.
(B)
Deposit of fees
Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).
 ; and
(3)
by moving paragraph (11), as redesignated, 2 ems to the left.
(d)
Numerical limitations and visa duration
Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended—
(1)
in paragraph (1), by amending subparagraph (A) to read as follows:
(A)
under section 101(a)(15)(H)(i)(b), may not exceed 25,000 in any fiscal year; and
 ;
(2)
in paragraph (4), by striking  may not exceed 6 years  and inserting  may not exceed 3 years ;
(3)
by striking paragraph (5);
(4)
by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively; and
(5)
in paragraph (5), as redesignated, by striking  other than one described in paragraph (5) .
(e)
Eliminating the H–1B lottery
Section 214(g)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(3) ) is amended to read as follows:
(3)
(A)
Aliens who are subject to the numerical limits under paragraph (1)(A) shall be issued visas in order of the highest wage levels being offered by the petitioning employers, following a registration period that U.S. Citizenship and Immigration Services shall hold open for not more than 2 weeks during each fiscal year.
(B)
Aliens who are subject to the numerical limitations under paragraph (1)(B) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.
 .
(f)
Prohibiting concurrent and third-Party employment
Section 214(g) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g) ) is amended by adding at the end the following:
(12)
Prohibition on concurrent employment
Any alien admitted or otherwise provided status under section 101(a)(15)(H)(i)(b) may not be employed by more than 1 employer at any time. The approval of a subsequent petition for a nonimmigrant described in such section shall automatically terminate the validity of any previously approved petition for such alien unless the subsequent petition is specifically designated as a change of employer and not as additional employment.
(13)
Prohibition on third-party employment
A third-party employment or staffing agency may not—
(A)
file a petition to sponsor a nonimmigrant described in section 101(a)(15)(H)(i)(b); or
(B)
facilitate the recruitment or employment of a nonimmigrant described in section 101(a)(15)(H)(i)(b) on behalf of another employer.
  .
5.
Prohibiting Federal employment of nonimmigrant visa holders
(a)
Barring Federal petitions
Section 214(c) of the Immigration and Nationality Act, as amended by section 4(c), is further amended by adding at the end the following:
(16)
No agency, department, or instrumentality of the Federal Government may file a petition for a nonimmigrant described in section 101(a)(15).
 .
(b)
Barring Federal employment
Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ) is amended—
(1)
by redesignating paragraph (3) as paragraph (4); and
(2)
by inserting after paragraph (2) the following:
(3)
Prohibition on Federal employment of nonimmigrants
No agency, department, or instrument of the Federal Government may employ, either directly or through a contract, a nonimmigrant described in section 101(a)(15).
 .
6.
Eliminating the optional practical training program
Section 214 of the Immigration and Nationality Act, as amended by sections 4 and 5, is further amended by adding at the end the following:
(s)
Prohibition on employment authorization for foreign students
Notwithstanding any other provision of law—
(1)
no alien present in the United States as a nonimmigrant under subparagraph (F) or (M) of section 101(a)(15) may be provided employment authorization in the United States; and
(2)
no alien present in the United States under section 101(a)(15)(J), who was admitted for the purpose of attending an educational or training institution, may be provided employment authorization in the United States.
 .
7.
Prohibiting adjustment of status
Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended to read as follows:
245.
Limitations on adjustment of status for nonimmigrants and parolees
(a)
In general
Except as provided in subsection (c), nonimmigrants described in section 101(a)(15), aliens who have been granted temporary parole pursuant to section 212(d)(5), and any other aliens with temporary authorized presence in the United States are ineligible to adjust their status to that of a person admitted for permanent residence while residing in the United States.
(b)
Employment authorization
(1)
In general
Aliens described in subsection (a) are not authorized to engage in employment in the United States on the basis of submitting an application for adjustment of status.
(2)
Rescission of prior employment authorization
All employment authorizations granted to aliens pursuant to section 274a.12(c)(9) of title 8, Code of Federal Regulations, shall be immediately rescinded and all employment authorization documents issued to such alien applicants for adjustment of status are invalid beginning on the date of enactment of the  End H–1B Visa Abuse Act of 2026 .
(3)
Pending applications
Aliens with pending applications for employment authorization documents under such section 274a.12(c)(9) shall have their applications denied and shall be refunded any fees paid in association with such applications.
(c)
Aliens eligible To adjust status
An alien is eligible for an adjustment of status to that of a person admitted for permanent residence if—
(1)
such alien is otherwise eligible to receive an immigrant visa;
(2)
an immigrant visa is available for such alien under chapter 1; and
(3)
the alien—
(A)
filed a petition for adjustment of status before the date of the enactment of the  End H–1B Visa Abuse Act of 2026  and such petition is adjudicated not later than 1 year after such date of enactment;
(B)
is a refugee;
(C)
applied for asylum before the date of the enactment of the  End H–1B Visa Abuse Act of 2026  and such application is adjudicated not later than 1 year after such date of enactment; or
(D)
has been granted conditional permanent resident status pursuant to section 216.
 .
8.
Prohibiting change of status
Section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 ) is amended to read as follows:
248.
Change of nonimmigrant classification
The Secretary of Homeland Security may not authorize a change from any nonimmigrant classification to any other nonimmigrant classification.
 .
9.
Effective date
The amendments made by this Act shall take effect on the date of the enactment of this Act.