Republican Lawmakers Propose Three-Year Suspension of H-1B Visa Programme with Substantial Reforms
Introduction
A group of Republican members of the U.S. Congress has introduced legislation that would impose a three-year moratorium on the H-1B visa programme, accompanied by a series of structural reforms. The bill, designated the End H-1B Visa Abuse Act of 2026, was presented by Representative Eli Crane of Arizona and has seven co-sponsors. This development follows a prior executive action by President Donald Trump that instituted a $100,000 fee on new H-1B applications.
Main Body
The proposed legislation outlines multiple modifications to the existing H-1B framework. Key provisions include a reduction of the annual visa cap from 65,000 to 25,000, the establishment of a minimum annual salary of $200,000, and a prohibition on H-1B holders bringing dependents to the United States. The bill also seeks to replace the current lottery-based selection system with a wage-based allocation process, require employers to certify that no qualified American workers are available and that no layoffs have occurred, forbid H-1B workers from holding multiple jobs, and restrict the use of third-party staffing agencies for such employment. Additional measures would bar federal agencies from sponsoring or hiring nonimmigrant workers, terminate the Optional Practical Training (OPT) programme, prevent H-1B holders from adjusting their status to permanent residency, and mandate that nonimmigrants depart the country before switching to another nonimmigrant visa category. The sponsors of the bill have articulated their rationale in statements that emphasize the protection of American workers. Representative Crane asserted that the federal government should prioritize citizens over corporate profit margins and that the current H-1B system excludes qualified Americans from employment opportunities. Co-sponsor Brandon Gill expressed support for reforms that place American workers first, while Paul Gosar characterized the programme as having been “hijacked to replace American workers with cheaper foreign labour.” Andy Ogles described the H-1B system as a “scam” that displaces domestic workers, and Rosemary Jenks of the Immigration Accountability Project called the bill the strongest H-1B legislation ever introduced in Congress, noting that the visas were originally intended as a temporary measure to fill labour gaps while Americans are trained. Legal and practical implications of the proposed freeze have been analyzed by immigration attorney Rahul Reddy. He noted that Congress possesses the constitutional authority to suspend a visa category, and if such a freeze were enacted, the administration would be obligated to implement it. Reddy pointed to existing restrictions on certain countries as precedents. He further explained that a freeze would compel current H-1B holders to either leave the United States or transition to another visa status, such as a student visa. The most affected group, according to Reddy, would be Indian nationals trapped in employment-based green card backlogs—some awaiting adjustment for up to two decades. Provisions in the bill that block adjustment of status would nullify the legal accrual of benefits for these individuals, potentially raising constitutional concerns.
Conclusion
The End H-1B Visa Abuse Act of 2026 represents a significant legislative attempt to restructure a programme heavily utilized by U.S. technology firms and dominated by Indian professionals. While the bill’s sponsors frame it as a measure to prioritize domestic employment, legal experts highlight substantial practical and constitutional challenges that would arise from its implementation. The proposal currently remains in the legislative process, with no immediate pathway to enactment.