End H–1B Visa Abuse Act of 2026

Section 2 pauses the issuance of H-1B visas for three years, which gives the government time to implement new limitations and safeguards.

Section 3(d) requires employers to attest that there are no sufficient U.S. workers available and that employing an H-1B worker will not adversely affect the wages and working conditions of American workers, which helps protect local employment.

Section 3(d) also prevents employers from hiring H-1B workers if they have laid off workers in the previous 12 months or plan to do so in the following 12 months, protecting domestic workers from displacement.

Section 3(e) replaces the H-1B lottery with a system that issues visas in order of the highest wage levels being offered, ensuring that higher-paid professionals are prioritized.

Section 5 prohibits any agency, department, or instrumentality of the Federal Government from employing nonimmigrants directly or through a contract, keeping federal jobs focused on domestic workers.

Section 3(b) lowers the annual cap on H-1B visas to 25,000 and reduces the maximum visa duration to three years, which may severely limit the ability of businesses to retain necessary global talent.

Section 3(c) imposes a $100,000 fee on employers for each H-1B petition or employer change, which could place a heavy financial burden on businesses and organizations trying to hire specialized workers.

Section 3(f) prohibits third-party employment and staffing agencies from filing petitions or facilitating recruitment for H-1B workers, which could negatively impact consulting firms and businesses that rely on staffing agencies.

Section 4 removes the ability of alien spouses and minor children to accompany or follow to join an H-1B worker, separating families.

Section 6 eliminates employment authorization for foreign students under F, M, and J nonimmigrant statuses, stopping programs like Optional Practical Training and preventing these students from working in the United States.