End H–1B Visa Abuse Act of 2026

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).

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; and

(3) by striking paragraph (5) and redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7).

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended—

(1) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (11), (12), (13), and (14) respectively; and

(2) by inserting after paragraph (9) the following:

Notwithstanding any other provision of law, for fiscal year 2026 and 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); and

(ii) to obtain authorization for an alien having such status to change employers.

Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).

Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended—

(1) in paragraph (1)(A)—

(A) by striking; and at the end of clause (i)(II) and inserting;;

(B) by redesignating clause (ii) as clause (vi); and

(C) 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 and at the place where the alien is to perform such labor;

(iii) attests that the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed;

(iv) has not laid off any workers in the previous 12 months and will not lay off any workers in the following 12 months;

(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

(2) in paragraph (1)(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.;

(3) in paragraph (2)(E), by striking a nonexempt and inserting an; and

(4) in paragraph (3), by striking subparagraphs (B) and (C).

Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended to read as follows:

(A) Aliens who are subject to the numerical limits in 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 no more than two weeks each year.

(B) Aliens who are subject to the numerical limitations of 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.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following:

An alien admitted or otherwise provided status under section 101(a)(15)(H)(i)(b) may not be employed by more than one employer at a particular 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 that same alien, unless the subsequent petition is specifically designated as a change of employer and not as additional 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.

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:

(15) No agency, department, or instrumentality of the Federal Government may file a petition for a nonimmigrant described in section 101(a)(15).

Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:

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).

(1) Notwithstanding any other provision of law, no alien present in the United States as a nonimmigrant under section 101(a)(15)(F) or section 101(a)(15)(M) may be provided employment authorization in the United States.

(2) Notwithstanding any other provision of law, 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.

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.

An alien described in subsection (a) is not authorized to engage in employment in the United States on the basis of submitting an application for adjustment of status.

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 this Act.

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.

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 this section 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 this section 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.

The Secretary of Homeland Security may not authorize a change from any nonimmigrant classification to any other nonimmigrant classification.