A Senate bill would pause new H-1B visas for three years and codify a $100,000 fee already struck down in court, targeting the visa program technology companies rely on for foreign hires.
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A Senate bill introduced Thursday would halt new H-1B visas for three years and codify a $100,000 employer fee that a federal court already struck down. Senator Tim Sheehy, a Montana Republican, said the program has displaced American workers.
"The H-1B programme was created to address workforce shortages for specialised, difficult-to-fill positions -- not to displace qualified, hardworking Americans with cheaper, foreign labour," Sheehy said in a statement. His legislation is called the End H-1B Abuse Act.
The bill would restart the visa program after three years under tighter limits. It also proposes a wage-based selection system to replace the current random lottery, bans concurrent employment and third-party staffing-agency models, and ends the "dual intent" provision that lets visa holders pursue permanent residency.
Federal agencies would be barred from sponsoring or employing non-immigrant visa holders under the proposal. The bill also seeks to eliminate work authorization for foreign students and exchange visitors by ending Optional Practical Training programs.
Technology companies rely on H-1B visas to hire tens of thousands of employees each year from countries including India and China. The $100,000 fee Sheehy wants to codify was imposed by the Trump administration but struck down in June by a federal judge who called it an unlawful tax not authorized by Congress. The First Circuit Court of Appeals on Friday denied the administration's motion to stay that ruling.
The bill is supported by the Immigration Accountability Project and the Federation for American Immigration Reform.
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