End H–1B Visa Abuse Act of 2026

Bill Number

H.R. 8443

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-04-22: Referred to the House Committee on the Judiciary.

Last Updated

2026-05-14T17:40:21Z

AI-Generated Summary

Purpose

The End H-1B Visa Abuse Act of 2026 (H.R. 8443) aims to temporarily halt new H-1B visas—a temporary work visa for skilled foreign workers, mainly in tech and specialty occupations—and impose strict new limits to prevent abuse, protect U.S. workers' jobs and wages, and prioritize high-wage positions.

Key Provisions

• Immediate Pause (Sec. 2): No new H-1B visas can be issued for 3 years after enactment.
• Visa Reforms (Sec. 3):
• Ends "dual intent," requiring H-1B holders to prove no intent to immigrate permanently.
• Caps annual H-1B visas at 25,000 (down from current ~85,000) with a maximum stay of 3 years (down from 6).
• Imposes a $100,000 fee per employer petition.
• Requires employers to pay a minimum $200,000 annual wage, attest to no U.S. workers available, no adverse impact on U.S. wages/conditions, and no layoffs in the prior/next 12 months.
• Replaces random lottery with allocation by highest wage offered; bans concurrent employment (multiple jobs) and third-party staffing agencies.
• Family Restrictions (Sec. 4): H-1B limited to primary workers only; excludes spouses and minor children.
• Federal Bans (Sec. 5): Federal government cannot sponsor or employ H-1B holders (directly or via contracts).
• End Optional Practical Training (OPT) (Sec. 6): Prohibits work authorization for F-1, M-1 student visa holders and certain J-1 exchange visitors.
• No Path to Permanent Status (Sec. 7): Bars nonimmigrants, parolees, and temporary residents from adjusting to green cards while in the U.S. (limited exceptions for pre-enactment filings, refugees, asylum seekers); rescinds related work permits.
• No Status Changes (Sec. 8): Prohibits switching between nonimmigrant visa types.
• Effective Date (Sec. 9): All changes apply immediately upon enactment.

Significant Changes to Existing Law

• Drastically reduces H-1B numbers and flexibility: Cuts cap by ~70%, halves duration, ends lottery/family benefits, and adds high barriers (fees, wages, attestations).
• Closes loopholes: Eliminates dual intent, OPT program, federal use, third-party placements, concurrent jobs, status adjustments/changes.
• Overhauls labor protections: Mandates high wages, recruitment proof, and layoff bans—stricter than current rules.

Potential Impacts

• U.S. Citizens/Workers: Could boost job opportunities and wages in tech/specialty fields by limiting foreign competition.
• Employers: Tech firms and others reliant on H-1B may face hiring shortages, higher costs ($100k fees + $200k wages), forcing more U.S. recruitment or automation.
• Foreign Workers/Students: Severely restricts entry, work authorization, family accompaniment, and paths to permanence; disrupts ~85,000 annual visas and OPT for hundreds of thousands.
• Government Agencies: U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) see reduced workload/processing but must enforce new rules, collect fees (deposited in Treasury).
• International Relations: May strain ties with high-H-1B countries like India/China; signals stricter skilled immigration policy.

Main Stakeholders Affected

• U.S. Workers: Potential beneficiaries via job/wage protection.
• Employers (e.g., tech companies like Google, Microsoft): Heavily impacted by caps, fees, and restrictions.
• H-1B Holders and Applicants: Primarily from India/China; face paused issuance and barriers.
• International Students: Lose OPT work options.
• Federal Agencies: Prohibited from using H-1B; enforcement burden on DHS/USCIS.
• Third-Party Agencies: Banned from sponsoring/placing workers.

Notable Legal, Constitutional, or Political Implications

• Legal: Broadly amends Immigration and Nationality Act (INA); immediate effect could trigger lawsuits over retroactive changes (e.g., OPT rescissions, paused visas).
• Constitutional: Possible challenges on due process (e.g., rescinding permits) or equal protection (wage-based allocation); 3-year pause is temporary, reducing takings claims.
• Political: Introduced by Republican lawmakers; advances "America First" immigration restriction, likely divisive along partisan lines with business/tech lobbies opposing.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Crane, Elijah [R-AZ-2]

Cosponsors (11)

Rep. Gosar, Paul A. [R-AZ-9], Rep. Hunt, Wesley [R-TX-38], Rep. Self, Keith [R-TX-3], Rep. Ogles, Andrew [R-TN-5], Rep. McClintock, Tom [R-CA-5], Rep. Babin, Brian [R-TX-36], Rep. Gill, Brandon [R-TX-26], Rep. Moore, Barry [R-AL-1], Rep. Roy, Chip [R-TX-21], Rep. Harris, Mark [R-NC-8], Rep. Harshbarger, Diana [R-TN-1]

Recent Actions

• 2026-04-22: Referred to the House Committee on the Judiciary.
• 2026-04-22: Introduced in House
• 2026-04-22: Introduced in House

Bill Versions

• End H–1B Visa Abuse Act of 2026 — issued 2026-04-22 — PDF (11 pages)