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S 5097

End H–1B Visa Abuse Act of 2026

119th Congress Introduced by Bernie Moreno and 1 co-sponsor

The bill would radically overhaul H-1B by suspending new visas for three years, banning dependents, raising wages, and shifting to a wage-based, no-third-party, single-employer sys

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 5097

Summary of Bill: End H–1B Visa Abuse Act of 2026 (S 5097, 119th Congress)

Purpose and intent

  • Aims to curb what sponsors term “H–1B visa abuse” by imposing broad restrictions and reforms on the H–1B nonimmigrant program, reducing nonimmigrant family accompaniment, tightening wage and recruitment requirements, increasing fees, limiting employer pathways, and restricting temporary workers’ paths to permanent status. The bill would also prohibit federal employment for H–1B holders and eliminate the optional practical training (OPT) program for foreign students, among other provisions.

Key provisions and changes

  1. Suspension of H–1B visas (short-term)

    • Prohibits issuance of nonimmigrant visas under H–1B (8 U.S.C. 1101(a)(15)(H)(i)(B)) until three years after enactment.

  2. Restriction on H–1B family members

    • Amends 101(a)(15)(H) to remove the ability for spouses and minor children to accompany or join H–1B workers (i.e., no dependent family members allowed with these visa holders).

  3. Wage, recruitment, and employer requirements (H–1B reforms)

    • Reforms wage floor and recruitment requirements for H–1B petitions:
      • Adds attestations that:
      • There are not sufficient U.S. workers available for the job.
      • Employment will not depress wages or working conditions for similarly employed U.S. workers.
      • The employer has not laid off workers in the prior 12 months and will not lay off workers in the next 12 months.
      • The employer will pay the alien at least $200,000 per year.
      • Changes to the H–1B-dependent employer definitions and related thresholds.

  4. Ending dual intent (nonimmigrant classification)

    • Tightens rules around dual intent by amending 214(b), limiting nonimmigrant status as H–1B to prevent dual intent except for specific categories.

  5. Tariff/Fees on labor importation (new H–1B fee)

    • Creates an additional H–1B fee of $100,000 for fiscal year 2026 and each year thereafter:
      • Applies to petitions to grant H–1B status or to allow an H–1B worker to change employers.
      • Fees deposited to the U.S. Treasury per existing statutory deposit rules.

  6. Numerical limits and visa duration adjustments

    • Caps H–1B visa numbers (for certain categories) at 25,000 per fiscal year under 214(g)(1)(A).
    • Adjusts maximum duration of H–1B status to 3 years (down from current longer durations in many programs).
    • Reconfigures or eliminates certain subparagraphs within 214(g).

  7. Elimination of the H–1B lottery

    • Replaces randomized lottery with:
      • For wage-order category: visas issued in order of highest wage offers after a two-week USCIS registration period.
      • For other category: visas issued in the order petitions are filed.

  8. Confining work to a single employer; prohibiting third-party employment

    • Prohibits concurrent employment (no more than one employer at a time) and makes automatic termination of prior approvals if a new employer petition is approved unless the new petition is a true change of employer.
    • Prohibits third-party staffing agencies from sponsoring H–1B workers or facilitating their recruitment/employment via third-party arrangements.

  9. Federal employment restrictions

    • Federal agencies may not file petitions for H–1B workers.
    • Federal employment of H–1B nonimmigrants is prohibited, including through contracts.

  10. Elimination of Optional Practical Training (OPT) for certain students

    • Prohibits employment authorization for foreign students in F/M (student) categories if they are present under those subtypes.
    • Specifically prohibits OPT under the current framework for foreign students and related employment authorization for J-1 entrants who came to study/training.

  11. Restriction on adjustment of status and change of status

    • Limits adjustment of status for nonimmigrants described in 101(a)(15) and certain parolees; creates tight conditions and timelines for potential adjustment.
    • Rescinds current employment authorization for those adjusting status and requires refunds of certain fees for pending applications.

  12. Effective date

    • All amendments take effect on the enactment date of the Act.

Who/what would be affected

  • H–1B nonimmigrant workers and their employers.
  • Employers of H–1B workers, including those currently dependent on H–1B staffing.
  • Prospective H–1B petitioners and their recruitment practices.
  • Foreign students and training participants (due to OPT and related employment authorizations).
  • Federal agencies and federal employment practices involving nonimmigrants.
  • Third-party staffing agencies and labor brokers involved in H–1B sponsorships.
  • The U.S. labor market, particularly employers and workers in occupations commonly using H–1B visas.

Procedural and timeline aspects

  • The bill sets an immediate three-year suspension for new H–1B visas from enactment.
  • A registration-based visa allocation system would replace the existing lottery, with specific two-week windows for wage-based categories.
  • Fee changes are retroactive to fiscal year 2026 and onward.
  • Several provisions involve transition rules, refunds, and adjudication timelines (e.g., adjustment of status eligibility and pending employment authorizations).
  • The bill was introduced in the Senate and referred to the Judiciary Committee; it has two named co-sponsors.

Observations for readers

  • The bill represents a comprehensive overhaul of the H–1B program, aiming to prioritize higher wages, reduce reliance on foreign labor, and limit pathways to permanent residency via nonimmigrant status.
  • It imposes dramatic restrictions, including suspending H–1B visa issuance for three years and prohibiting dependent family members, which would substantially alter current immigration and employment practices for high-skilled workers.
  • If enacted, significant implementation challenges and transitional rules would accompany the shift away from lottery-based allocation toward wage-based prioritization.

Compiled from official sources — confirm details with the bill’s official record.

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