A Republican senator has introduced legislation in the US Senate seeking a three-year suspension of new H-1B visas and major restrictions on the programme.
Montana Senator Tim Sheehy introduced the End H-1B Abuse Act, arguing that the visa system has moved away from its original purpose and is being used to replace American workers with lower-cost foreign labour.
“The H-1B programme was created to address workforce shortages in specialised and difficult-to-fill positions, not to displace qualified and hardworking Americans with cheaper foreign labour,” Sheehy said.
He said the proposed law would close loopholes, strengthen safeguards and place American workers and national security interests first.
The H-1B visa allows US companies to hire foreign professionals for specialised jobs requiring technical knowledge. Technology companies are among the biggest users of the programme, with a large number of workers coming from India and China.
The Bill proposes suspending new H-1B visa issuance for three years. After the pause, the programme would reportedly resume under stricter limits and eligibility rules.
It also seeks to make permanent the $100,000 fee for each H-1B petition introduced by the Donald Trump administration.
A federal court had earlier struck down the fee, describing it as an unlawful tax that had not been authorised by Congress. The First Circuit Court of Appeals recently declined to pause that ruling.
The proposed legislation would also replace the existing lottery system with a wage-based selection process, giving preference to higher-paid positions.
It seeks to ban concurrent employment and third-party staffing arrangements involving H-1B workers.
The Bill also proposes ending the “dual intent” provision, which currently allows H-1B holders to seek permanent residency while maintaining temporary visa status.
Other proposed restrictions include preventing H-1B workers from bringing dependants, barring federal agencies from employing non-immigrant visa holders and ending certain work authorisation programmes for foreign students and exchange visitors.
The legislation has received support from groups including the Immigration Accountability Project and the Federation for American Immigration Reform.
Supporters describe the Bill as an effort to prevent misuse of the visa system and protect domestic employment. However, the proposal is expected to face strong opposition from technology companies, immigration advocates and businesses that rely heavily on highly skilled foreign workers.
