Necessary reforms of the H–1b visa

(a) Ending dual intent Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking, and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section). (b) Numerical limitations and visa duration Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended— (1) in paragraph (1), by amending subparagraph (A) to read as follows: (A) under section 101(a)(15)(H)(i)(b) may not exceed 25,000 in any fiscal year; and; (2) in paragraph (4), by striking may not exceed 6 years and inserting may not exceed 3 years; and (3) by striking paragraph (5) and redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7). (c) Trump fee Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended— (1) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs (11), (12), (13), and (14) respectively; and (2) by inserting after paragraph (9) the following: (10) Additional H–1B fee (A) In general Notwithstanding any other provision of law, for fiscal year 2026 and each fiscal year thereafter, a fee of $100,000 shall be imposed on each employer filing a petition under paragraph (1)— (i) to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b); and (ii) to obtain authorization for an alien having such status to change employers. (B) Deposit of fees Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(s).. (d) Wage floor and recruitment requirements Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended— (1) in paragraph (1)(A)— (A) by striking; and at the end of clause (i)(II) and inserting;; (B) by redesignating clause (ii) as clause (vi); and (C) by inserting after clause (i) the following: (ii) attests that there are not sufficient workers who are able, willing, qualified, and available at the time of application for a nonimmigrant visa and admission to the United States and at the place where the alien is to perform such labor; (iii) attests that the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed; (iv) has not laid off any workers in the previous 12 months and will not lay off any workers in the following 12 months; (v) is offering to pay each alien granted nonimmigrant status described in section 101(a)(15)(H)(i)(b) wages at a rate that is not less than $200,000 per year; and; (2) in paragraph (1)(E)(ii), by striking An application is not described in this clause if the only H–1B nonimmigrants sought in the application are exempt H–1B nonimmigrants.; (3) in paragraph (2)(E), by striking a nonexempt and inserting an; and (4) in paragraph (3), by striking subparagraphs (B) and (C). (e) Eliminating the H–1B lottery Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(3)) is amended to read as follows: (3) (A) Aliens who are subject to the numerical limits in paragraph (1)(A) shall be issued visas in order of the highest wage levels being offered by the petitioning employers, following a registration period that U.S. Citizenship and Immigration Services shall hold open for no more than two weeks each year. (B) Aliens who are subject to the numerical limitations of paragraph (1)(B) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.. (f) Prohibiting concurrent and third-Party employment Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: (12) Prohibition on concurrent employment An alien admitted or otherwise provided status under section 101(a)(15)(H)(i)(b) may not be employed by more than one employer at a particular time. The approval of a subsequent petition for a nonimmigrant described in such section shall automatically terminate the validity of any previously approved petition for that same alien, unless the subsequent petition is specifically designated as a change of employer and not as additional employment. (13) Prohibition on third-party employment A third-party employment or staffing agency may not— (A) file a petition to sponsor a nonimmigrant described in section 101(a)(15)(H)(i)(b); or (B) facilitate the recruitment or employment of a nonimmigrant described in section 101(a)(15)(H)(i)(b) on behalf of another employer..