New Bill Aims to Overhaul H-1B Visa Program: What You Need to Know

Senator Proposes Major Changes to H-1B Visa Regulations

Washington: A new legislative proposal has been introduced in the Senate by a US senator aiming to halt the issuance of new H-1B visas for a period of three years. This bill also seeks to formalize the USD 100,000 fee that was previously established by the Trump administration but later invalidated by a federal court.

Senator Tim Sheehy, a Republican representing Montana, emphasized that the US should refrain from granting visas that could undermine the rights of American workers.

The H-1B visa serves as a non-immigrant visa, enabling US companies to hire highly skilled foreign professionals in specialized fields that necessitate advanced theoretical or technical knowledge. Many American tech firms rely on this visa to recruit thousands of employees annually from nations such as India and China.

According to Sheehy, the H-1B program was originally designed to fill workforce gaps in specialized roles, not to replace qualified American workers with less expensive foreign labor.

He described his proposed legislation, known as the End H-1B Abuse Act, as a vital measure to restore the program's original purpose, prioritize American workers, close loopholes that allow for exploitation, and enhance national security.

The End H-1B Abuse Act is backed by organizations like the Immigration Accountability Project and the Federation for American Immigration Reform (FAIR).

This bill aims to suspend new H-1B visa approvals for three years, after which the program would resume under stricter regulations and elevated standards.

Additionally, it seeks to codify the USD 100,000 fee for each H-1B application as mandated by the previous administration.

Recently, the First Circuit Court of Appeals in Boston rejected the Trump administration's request to maintain the fee, labeling it an unlawful tax not sanctioned by Congress.

The proposed legislation also intends to eliminate the random lottery system currently in place, replacing it with a wage-based selection process, and prohibits concurrent employment and third-party staffing arrangements.

Furthermore, it aims to abolish the dual intent provision for H-1B visa holders and restricts them from bringing dependents.

Lastly, the bill would prevent federal agencies from sponsoring or employing individuals on non-immigrant visas.