Necessary reforms to H–1B visa requirements

(a) 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) in subparagraph (A)— (i) in clause (i)(II), by striking and at the end; (ii) by redesignating clause (ii) as clause (vi); and (iii) 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 at the place where an alien is needed to perform such labor; (iii) attests that the employment of such alien will not adversely affect the wages or working conditions of workers in the United States who are similarly employed; (iv) has not laid off any workers during the most recent 12-month period and will not lay off any workers during the 12-month period immediately following the submission of the application; (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; and (B) in subparagraph (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.; (2) in paragraph (2)(E), by striking a nonexempt and inserting an; and (3) by amending paragraph (3) to read as follows: (3) In this subsection, the term H–1B-dependent employer means an employer that— (A) (i) has 25 or fewer full-time equivalent employees who are employed in the United States; and (ii) employs more than 7 H–1B nonimmigrants; (B) (i) has at least 26, but not more than 50, full-time equivalent employees who are employed in the United States; and (ii) employs more than 12 H–1B nonimmigrants; or (C) (i) has at least 51 full-time equivalent employees who are employed in the United States; and (ii) employs H–1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees.. (b) 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). (c) Tariff on the importation of labor Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended— (1) by redesignating paragraphs (10), (11), (12), (13), and (14) as paragraphs (11), (12), (13), (14), and (15), respectively; (2) by inserting after paragraph (9) the following: (10) Additional H–1B fee (A) In general Notwithstanding any other provision of law, during fiscal year 2026 and during 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); or (ii) to obtain authorization for an alien previously granted 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).; and (3) by moving paragraph (11), as redesignated, 2 ems to the left. (d) 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; (3) by striking paragraph (5); (4) by redesignating paragraphs (6), (7), and (8) as paragraphs (5), (6), and (7), respectively; and (5) in paragraph (5), as redesignated, by striking other than one described in paragraph (5). (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 under 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 not more than 2 weeks during each fiscal year. (B) Aliens who are subject to the numerical limitations under 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 Any alien admitted or otherwise provided status under section 101(a)(15)(H)(i)(b) may not be employed by more than 1 employer at any 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 such 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..