PolicyBrief
S. 5097
119th CongressJul 23rd 2026
End H–1B Visa Abuse Act of 2026
IN COMMITTEE

The End H–1B Visa Abuse Act of 2026 proposes a comprehensive overhaul of the U.S. visa system by suspending H–1B issuance, imposing strict wage and recruitment requirements, and significantly restricting employment authorization and status adjustments for nonimmigrants.

Tim Sheehy
R

Tim Sheehy

Senator

MT

LEGISLATION

H-1B Overhaul: $200,000 Minimum Salary and 3-Year Visa Freeze Set to Reshape the U.S. Workforce

The 'End H1B Visa Abuse Act of 2026' proposes a total overhaul of how the U.S. brings in specialized foreign talent, starting with a complete three-year suspension of all new H-1B visas. Once the program resumes, it will look nothing like the current system: the annual cap on new visas would drop from 85,000 to just 25,000, and the random lottery would be replaced by a system that prioritizes whoever is offered the highest salary. Additionally, the bill mandates a $200,000 minimum annual salary for any H-1B worker and hits employers with a massive $100,000 'tariff' per petition, effectively ending the program as a tool for mid-level staffing.

The End of the Corporate 'Starter Pack'

For years, companies have used the H-1B to fill roles in tech, engineering, and healthcare. Under Section 4, the financial bar is raised so high that only the most elite roles would qualify. By requiring a $200,000 salary floor and a $100,000 upfront fee, the bill ensures that a small startup or a local hospital likely won't be able to afford foreign talent. Furthermore, the bill bans third-party staffing agencies from sponsoring these workers (Section 4), which hits the 'consulting' model hard. If you're a manager at a mid-sized firm, your recruiting pool just got a lot smaller, and your costs for specialized experts just tripled.

Families Left Behind and the 'One-Way' Ticket

This legislation takes a hard line on the personal lives of visa holders. Section 3 removes the ability for spouses and children to accompany H-1B workers to the U.S. on derivative visas. If a specialized surgeon or software architect wants to work here, they’d have to leave their family behind. The bill also kills 'dual intent' (Section 4), meaning applicants must prove they plan to leave the U.S. when their visa ends and can no longer apply for a Green Card while on the visa. For the worker, it turns a career move into a lonely, temporary gig; for the employer, it means losing your best people after exactly three years with no hope of keeping them long-term.

No More 'Working Your Way Up'

The impact starts well before the first job offer. Section 6 eliminates Optional Practical Training (OPT), the program that currently allows international students at U.S. universities to work for a year or two after graduation. Imagine a foreign student who just spent $200,000 on a degree at a U.S. tech school; under this bill, they are barred from working a single day in the U.S. post-grad. Additionally, Section 7 blocks almost everyone on a temporary visa from 'adjusting status'—meaning you can’t switch from a student or tourist visa to a permanent resident while staying in the country. It essentially creates a 'go home first' rule for almost every immigration change.

The Federal and Local Fallout

The changes don't stop at private business. Section 5 flat-out prohibits federal agencies from hiring any nonimmigrant visa holders, even through contractors. This could create immediate vacancies in specialized government research or IT projects. While the bill aims to protect U.S. workers by removing foreign competition and forcing wages up, the immediate reality for many businesses—from tech hubs to rural clinics—will be a sudden, expensive scramble for talent in a market that just got significantly more restrictive.