American White-Collar Worker Jobs Act of 2026
- Bill Number
- H.R. 9157
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-06-04: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-06T16:24:03Z
AI-Generated Summary
Summary of H.R. 9157: American White-Collar Worker Jobs Act of 2026
Purpose
This legislation aims to reform the H-1B nonimmigrant visa process and reassert congressional authority over immigration and employment authorization for foreign nationals. It seeks to prioritize American workers in white-collar occupations by tightening eligibility, wage, and recruitment rules for H-1B visas.
Key Provisions
- Reassertion of congressional authority: Reserves power to authorize alien employment to Congress; amends the Immigration and Nationality Act (INA) to require statutory basis for such authorizations and limits regulatory authority to admission duration and departure enforcement.
- H-1B eligibility changes: Requires H-1B applicants to demonstrate intent to maintain a foreign residence; repeals provisions allowing extensions for lengthy adjudications and certain adjustments.
- Labor Condition Application (LCA) requirements: Mandates detailed employer applications including unique identification of the worker, specific wages at the higher of actual or 75th percentile level, proof of no qualified U.S. workers available, no displacement of U.S. workers, recruitment efforts, and limits on nonimmigrant employees to 5% of the workforce.
- Enforcement and penalties: Expands Department of Labor (DOL) investigative powers with fines up to $100,000 per violation, bans on H-1B hiring for up to 10 years, and a private right of action for displaced U.S. workers.
- Visa caps and limits: Maintains annual cap at 65,000 with priority based on higher salaries; imposes 7% per-country limit; reduces maximum stay to 2 years.
- Other reforms: Repeals certain AC21 provisions; requires public posting of job openings; prohibits employer practices that favor foreign workers through third parties.
Significant Changes to Existing Law
- Amends multiple INA sections (e.g., 101, 212, 214) to add intent-to-depart requirements, stricter wage and recruitment certifications, and removal of prior exemptions for certain H-1B subclasses.
- Repeals Section 106 of the American Competitiveness in the Twenty-first Century Act of 2000 and various INA subsections on extensions and new employment.
- Shifts from prevailing wage standards to a 75th percentile benchmark and eliminates certain displacement location requirements.
- Introduces new DOL approval processes, website for job postings, and judicial appeal rights for sanctions.
Potential Impacts
- Government agencies: Increases administrative burdens on DOL for LCA reviews, complaint processing, and audits; requires DHS to update nonimmigrant rules within 180 days.
- Citizens: May enhance job protections and wage levels for U.S. workers in affected occupations by limiting foreign hires.
- International relations: Could reduce inflows from high-volume source countries due to per-country caps and stricter rules, potentially affecting diplomatic ties and global talent mobility.
Main Stakeholders Affected
- U.S. employers in technology and professional sectors reliant on H-1B visas.
- American workers in white-collar fields.
- Foreign nationals seeking H-1B status and their home countries.
- DOL, DHS, and related immigration agencies.
- Congress, through expanded oversight of immigration policy.
Notable Legal, Constitutional, or Political Implications
- Reinforces separation of powers by limiting executive regulatory authority over immigration employment.
- Introduces new private tort causes of action, potentially increasing litigation in federal courts.
- Alters long-standing interpretations of nonimmigrant intent and visa portability under the INA.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-04: Referred to the House Committee on the Judiciary.
- 2026-06-04: Introduced in House
- 2026-06-04: Introduced in House
Bill Versions
- American White-Collar Worker Jobs Act of 2026 — issued 2026-06-04 — PDF (13 pages)