H.R. 8443 — End H–1B Visa Abuse Act of 2026

This section prohibits the issuance of H-1B nonimmigrant visas (i.e., visas allowing U.S. employers to temporarily hire foreign workers in specialty occupations requiring highly specialized knowledge) until three years after enactment.

This section reforms the H-1B nonimmigrant visa program for specialty occupation workers by (1) ending dual intent under INA §214(b) by subjecting H-1B visas to the presumption of immigrant intent; (2) under INA §214(g), reducing the annual numerical cap to 25,000 (from 85,000, including 65,000 general plus 20,000 advanced degree exemption), limiting maximum stay to 3 years (from 6 years), and striking prior provisions on prior cap counting; (3) under INA §214(c), imposing a new $100,000 fee per H-1B petition starting in FY2026; (4) under INA §212(n), requiring employer attestations of no sufficient U.S. workers available, no adverse effect on U.S. workers' wages and conditions, no layoffs in the prior or next 12 months, and a minimum wage of $200,000 per year for H-1B workers, while eliminating certain layoff exemptions; (5) under INA §214(g)(3), replacing the random lottery with allocation by highest offered wage for cap-subject visas (following a two-week registration period) and first-in-time filing for cap-exempt visas; and (6) prohibiting concurrent employment by multiple employers and third-party staffing agency sponsorship or facilitation of H-1B employment.

This section prohibits any federal agency, department, or instrumentality from (1) filing a petition for a nonimmigrant described in INA §101(a)(15) (i.e., an individual admitted temporarily for purposes such as employment, study, or tourism) and (2) employing such a nonimmigrant, either directly or through a contract.

This section prohibits employment authorization for nonimmigrants present in the United States under F (academic student), M (vocational student), or J (exchange visitor admitted for education or training) status. (Thus, it eliminates Optional Practical Training (OPT), Curricular Practical Training (CPT), and other work authorization programs for these foreign students and exchange visitors.)

This section prohibits nonimmigrants (i.e., temporary visa holders such as H-1B workers and F-1 students), parolees under INA §212(d)(5), and aliens with other temporary authorized presence (e.g., DACA or TPS recipients) from adjusting status to lawful permanent resident while in the United States, except as provided. It further rescinds all prior employment authorizations issued under 8 CFR §274a.12(c)(9) to adjustment applicants (effective on enactment), invalidates related documents, and requires denial of pending applications with fee refunds. Exceptions apply to otherwise eligible aliens with an available immigrant visa who (1) filed an adjustment petition before enactment that is adjudicated within one year after enactment, (2) are refugees, (3) filed an asylum application before enactment that is adjudicated within one year after enactment, or (4) hold conditional permanent resident status under INA §216 (e.g., certain spouses). (As background, adjustment of status allows eligible aliens in the United States to obtain green cards without departing for consular processing abroad, which can trigger reentry bars for prior unlawful presence; thus, this provision largely requires such consular processing.)

This section prohibits the Secretary of Homeland Security from authorizing any change from one nonimmigrant classification to another (previously permitted under specified conditions pursuant to INA §248). (Thus, nonimmigrants seeking a different nonimmigrant status must generally depart the United States and apply for a new visa from abroad.)