H.R. 9157

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9157 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9157

To reform the H-1B process, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 4, 2026

Mr. Roy (for himself and Mr. Crane) introduced the following bill; 
which was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To reform the H-1B process, and for other purposes.

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 ``American White-Collar Worker Jobs 
Act of 2026''.

SEC. 2. REASSERTING CONGRESS'S CONSTITUTIONAL AUTHORITY OVER 
IMMIGRATION.

(a) In General.--The power to authorize employment for classes of 
aliens is reserved to Congress.
(b) Unauthorized Alien.--Section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)) is amended by inserting 
``pursuant to statute'' after ``Attorney General''.
(c) Applicability.--Title II of the Immigration and Nationality Act 
applies to an alien's entry and entire stay in the United States.
(d) Limitation.--Section 214(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(a)(1)) is amended by inserting ``The 
authority to prescribe regulations under this section is limited to 
those necessary to set the duration of admission and to insure that at 
upon failure to maintain the status under which an alien was admitted, 
or to maintain any status subsequently acquired under section 248, the 
alien with will leave the country.'' after the first sentence.
(e) Rules.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall update rules 
regarding nonimmigrants to be consistent with this Act and the 
amendments made by this Act.
(f) Nonimmigrant Classification.--Section 248 of the Immigration 
and Nationality Act (8 U.S.C. 1258) is amended by adding at the end the 
following:
``(c) Any adjustment of status under this section requires 
complying with the admission and ongoing requirements of the new 
nonimmigrant status acquired.''.

SEC. 3. H-1B REFORM.

(a) Adjustment of Status.--
(1) Nonimmigrant requirements.--Section 101(a)(15)(H) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 
is amended by inserting ``having a residence in a foreign 
country which he has no intention of abandoning'' before ``who 
is coming'' the first place it appears.
(2) Immigrant presumption.--Section 214(b) of the 
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended 
by striking ``(other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section)''.
(3) Special provisions for lengthy adjudications.--Section 
106 of American Competitiveness Act in the Twenty-first Century 
Act of 2000 (Public Law 106-313) is repealed.
(4) Admission of nonimmigrants.--Section 214(h) of the 
Immigration and Nationality Act (8 U.S.C. 1184(h)) is repealed.
(b) Labor Condition Application.--
(1) Inadmissibility.--Section 212(n)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to read as 
follows:
``(1)(A) No alien may be admitted or provided status as an 
H-1B nonimmigrant in an occupational classification unless the 
employer has filed with the Secretary of Labor, and the 
Secretary of Labor has approved an application that--
``(i) uniquely identifies the potential 
nonimmigrant to whom the application applies, 
including a photograph;
``(ii) specifies the occupational 
classification of employment;
``(iii) specifies the address where the 
nonimmigrant will be employed;
``(iv) specifies the wage to be paid to the 
nonimmigrant;
``(v) specifies the nationality of the 
nonimmigrant;
``(vi) includes any other information the 
Secretary of Labor determines is necessary; and
``(vii) certifies the following:
``(I) That the employer will pay 
the nonimmigrant full-time wages for 
the entire period of employment that 
are the higher of--
``(aa) the actual wage 
level paid by the employer to 
all other individuals with 
similar experience and 
qualifications for the specific 
employment in question; or
``(bb) the wage determined 
by the Secretary of Labor to be 
at the 75th percentile for 
workers in the same location 
and occupation.
``(II) There are not sufficient 
workers who are able, willing, and 
qualified, and who will be available at 
the time and place needed, to perform 
the labor or services involved in the 
petition.
``(III) The employment of the alien 
in such labor or services will not 
adversely affect the wages and working 
conditions of workers in the United 
States similarly employed.
``(IV) There is not a strike or 
lockout in the course of a labor 
dispute in the occupational 
classification at the place of 
employment.
``(V) The employer, at the time of 
filing the application--
``(aa) has provided notice 
of the filing under this 
paragraph to the bargaining 
representative (if any) of the 
employer's employees in the 
occupational classification and 
area for which aliens are 
sought; or
``(bb) if there is no such 
bargaining representative, has 
provided notice of filing in 
the occupational classification 
through such methods as 
physical posting in conspicuous 
locations at the place of 
employment or electronic 
notification to employees in 
the occupational classification 
for which an H-1B nonimmigrant 
is sought.
``(VI) The H-1B nonimmigrant has 
not and will not displace any United 
States workers either directly employed 
by the employer or indirectly by a 
third-party employer.
``(VII) The employer has not and 
will not lay off any United States 
workers in the same employment 
classification within one year of 
making the application.
``(VIII) An employer, prior to 
filing the application--
``(aa) has advertised the 
job on an internet website 
maintained by the Secretary of 
Labor for the purpose of such 
advertising;
``(bb) has offered the job 
to any United States worker who 
applies and is equally or 
better qualified for the job 
for which the nonimmigrant is 
sought; and
``(cc) has taken good faith 
steps to recruit, in the United 
States using procedures that 
meet industry-wide standards 
and offering compensation that 
is at least as great as that 
required to be offered to H-1B 
nonimmigrants under subclause 
(III), United States workers 
for the job for which the 
nonimmigrant or nonimmigrants 
is or are sought.
``(IX) The employer has not placed 
any advertisements specifically seeking 
to hire nonimmigrants either directly 
or through a third party within the 
past year.
``(X) The percentage of the 
employer's employees within the United 
States who are nonimmigrants does not 
exceed 5 percent.
``(XI) The nonimmigrant is fully 
qualified to perform the occupation of 
intended employment, including 
possessing a bachelor's degree or 
higher from a university determined to 
be equivalent to a degree from a United 
States university by recognized 
educational credential evaluation 
service in a field that is related to 
the occupation and possessing any 
licenses required for that occupation. 
The Secretary of Labor shall determine 
which educational credential evaluation 
services are recognized.
``(XII) The nonimmigrant has not 
and will not be required to pay any 
part of the fees or expenses for 
obtaining the visa.
``(XIII) The nonimmigrant has not 
and will not be required to pay for any 
services provided by the employer, such 
as housing.
``(XIV) The nonimmigrant has not 
and will not be charged any fee, bond, 
damages or similar for ceasing 
employment with the employer.
``(XV) The employer does not 
restrict employment opportunities, such 
as using a preferred vendor list, for 
either temporary or permanent 
employment to those supplied by or 
referred by specific third parties.
``(B) The Secretary of Labor shall review the contents of 
the application before approval. The Secretary of Labor shall 
not approve an application for an occupational classification 
where the unemployment rate exceeds 2 percent.
``(C) The Secretary of Labor shall make available to the 
public information received in applications, less any personal 
identifying information.
``(D) The Secretary of Labor shall establish and maintain a 
website for employers to post jobs prior to seeking foreign 
labor.
``(E) The application shall be valid for making a petition 
for a visa under section 101(a)(15)(H)(i)(b) for 90 days after 
approval.''.
(2) Prevailing wage.--Section 212(p) of the Immigration and 
Nationality Act (8 U.S.C. 1182(p)) is amended--
(A) by striking paragraphs (1) and (4); and
(B) redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively.
(3) Occupational classification.--Section 212(t)(2)(C) of 
the Immigration and Nationality Act (8 U.S.C. 1182(t)(2)(C)) is 
amended by striking all that follows after ``subsection'' and 
inserting a period.
(c) Enforcement.--Section 212(n)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as follows:
``(2)(A) The Secretary of Labor has the power to enforce 
the provisions of this paragraph, including the power to 
investigate, review documents submitted as part of the visa 
process, subpoena, and audit.
``(B) The Secretary of Labor shall establish a process for 
receiving complaints of violations of this paragraph. The 
Secretary may act on any such complaint received within 1 year 
of the alleged violation.
``(C) The Secretary of Labor may charge an employer that 
violates the terms of this paragraph. An employer charged shall 
have the right to request a hearing. The Secretary of Labor may 
sanction an employer up to $100,000 (inflation adjusted) for 
each violation of the terms of this paragraph. The Secretary of 
Labor may also ban an employer from employing H-1B 
nonimmigrants, both directly and indirectly through a third 
party, for up to 10 years. A party may appeal such a judgment 
of the Secretary of Labor to the court of appeals having 
geographic jurisdiction where the violations were found to have 
occurred.
``(D) United States workers have the right not to be 
displaced by nonimmigrant workers. Any United States worker who 
is displaced by a nonimmigrant shall have a cause of action in 
tort in the Federal courts against those employers causing the 
displacement, whether directly or indirectly.''.
(d) Definitions Repeal.--Paragraph (3) of section 212(n) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)) is repealed.
(e) Displacement.--Section 212(n)(4)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(4)(B)) is amended by striking ``, and 
is located in the same area of employment as the other job''.
(f) Lay Offs.--Section 212(n)(4)(D)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(4)(D)(i)(II)) is amended by striking 
``(or, in the case of a placement of a worker with another employer 
under paragraph (1)(F), with either employer described in such 
paragraph)'' and inserting ``in the same area of employment''.
(g) Manner of Issuance.--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 65,000.'';
(2) in paragraph (3), by striking ``in the order in which 
petitions are filed for such visas or status'' and inserting 
``, with priority given to petitions with higher salaries'';
(3) in paragraph (4), by striking ``6 years.'' and 
inserting ``2 calendar years. This duration starts with the 
date that is the earlier of the date of admission or date of 
change of status to that of a nonimmigrant under section 
101(a)(15)(H)(i)(b), or 90 days after the visa is issued.''; 
and
(4) by striking paragraphs (5) through (7) and inserting 
the following:
``(5) The number of nonimmigrants admitted under section 
101(a)(15)(H)(i)(b) from any one country may not exceed 7 
percent of the number allotted under paragraph (1)(A).''.
(h) New Employment Repeal.--Section 214(n) of the Immigration and 
Nationality Act (8 U.S.C. 1184(n)) is repealed.
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