H.R. 8443

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8443 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8443

To amend the Immigration and Nationality Act to provide for a pause on 
the issuance of H-1B visas until certain limitations on the issuance 
thereof are implemented.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 22, 2026

Mr. Crane (for himself, Mr. Gosar, Mr. Hunt, Mr. Self, Mr. Ogles, Mr. 
McClintock, Mr. Babin, and Mr. Gill of Texas) introduced the following 
bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to provide for a pause on 
the issuance of H-1B visas until certain limitations on the issuance 
thereof are implemented.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``End H-1B Visa Abuse Act of 2026''.

SEC. 2. PAUSING THE ISSUANCE OF H-1B VISAS.

Notwithstanding any other provision of law, no alien may be issued 
a nonimmigrant visa described in section 101(a)(15)(H)(i)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) until 
the date that is 3 years after the date of enactment of this Act.

SEC. 3. NECESSARY REFORMS OF THE H-1B VISA.

(a) Ending Dual Intent.--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)''.
(b) Numerical Limitations and Visa Duration.--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).
(c) Trump Fee.--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:
``(10) Additional h-1b fee.--
``(A) In general.--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.
``(B) Deposit of fees.--Fees collected under this 
paragraph shall be deposited in the Treasury in 
accordance with section 286(s).''.
(d) Wage Floor and Recruitment Requirements.--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).
(e) Eliminating the H-1B Lottery.--Section 214(g)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended to 
read as follows:
``(3)(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.''.
(f) Prohibiting Concurrent and Third-Party Employment.--Section 
214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is 
amended by adding at the end the following:
``(12) Prohibition on concurrent employment.--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.
``(13) Prohibition on third-party 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.''.

SEC. 4. RESTRICTING H NONIMMIGRANTS TO PRIMARY WORKERS.

Section 101(a)(15)(H) is amended by striking ``; and the alien 
spouse and minor children of any such alien specified in this paragraph 
if accompanying him or following to join him''.

SEC. 5. PROHIBITING FEDERAL EMPLOYMENT OF NONIMMIGRANT VISA HOLDERS.

(a) Barring Federal Petitions.--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).''.
(b) Barring Federal Employment.--Section 274A(h) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end 
the following:
``(4) Prohibition on federal employment of nonimmigrants.--
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).''.

SEC. 6. ELIMINATING THE OPTIONAL PRACTICAL TRAINING PROGRAM.

Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) 
is amended by adding at the end the following:
``(s) Prohibition on Employment Authorization for Foreign 
Students.--
``(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.''.

SEC. 7. PROHIBITING ADJUSTMENT OF STATUS.

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended to read as follows:

``SEC. 245. LIMITATION ON STATUS FOR NONIMMIGRANTS.

``(a) In General.--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.
``(b) Employment Authorization.--
``(1) In general.--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.
``(2) Rescission of prior employment authorization.--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.
``(3) Pending applications.--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.
``(c) Aliens Eligible To Adjust Status.--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.''.

SEC. 8. PROHIBITING CHANGE OF STATUS.

Section 248 of the Immigration and Nationality Act (8 U.S.C. 1258) 
is amended to read as follows:

``SEC. 248. CHANGE OF NONIMMIGRANT CLASSIFICATION.

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

SEC. 9. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of 
enactment.
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