Senator proposes three-year halt to H-1B visas
A Republican senator from Montana proposed a bill to pause new H-1B visas for three years, arguing the program now harms American workers. Sen. Tim Sheehy introduced the End H-1B Abuse Act on Thursday, saying the visa system, meant to address specialized labor shortages, has instead become a tool to replace U.S. employees with lower-cost foreign labor.
The legislation would replace the current lottery with a wage-based selection process, favoring higher-paid applicants. It also bans concurrent employment and third-party staffing agency arrangements, which the bill aims to close as loopholes enabling misuse. Additional measures include ending the “dual intent” provision that lets H-1B holders seek permanent residency and prohibiting visa holders from bringing dependents.
The bill would also block federal agencies from sponsoring or employing non-immigrant visa holders and eliminate work authorization for foreign students through Optional Practical Training programs.
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“The H-1B program was created to address workforce shortages for specialized, difficult-to-fill positions—not to displace qualified, hardworking Americans with cheaper, foreign labor,” Sheehy said. “This legislation restores the program to its original intent and puts American workers first.”
A key provision attempts to reinstate a $100,000 fee per petition, a policy introduced under the previous administration but struck down by a federal court in June. The Boston-based First Circuit Court of Appeals rejected the government’s request to delay the ruling, calling the fee an unlawful tax without congressional approval.
Supporters, including the Immigration Accountability Project and the Federation for American Immigration Reform, back the proposed legislation.
After the three-year pause, the bill proposes restarting the program with stricter eligibility rules, including higher wage requirements and closer scrutiny of employer-employee relationships.
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The H-1B visa is a non-immigrant visa that allows U.S. companies to employ highly skilled foreign workers in specialty occupations that require theoretical or technical expertise. American technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
Sheehy described the End H-1B Abuse Act as “a critical, proactive step” to protect American workers, curb H-1B fraud, and address what he called national security risks created by a program that has operated for years with inadequate guardrails.
The proposed legislation faces an uncertain path in a divided Congress.
