S. 2928 — H–1B and L–1 Visa Reform Act of 2025

This section revises employer attestation requirements in labor condition applications for H-1B nonimmigrants (i.e., temporary nonimmigrant workers in specialty occupations) as follows: (1) requires wages at the highest of the local prevailing wage level, median wage for the occupational classification in the area of employment, or median wage for skill level 2 in the Occupational Employment Statistics survey (previously, the higher of the prevailing wage or actual wage paid to similarly employed workers), and nondiscriminatory working conditions; (2) requires posting a detailed job description—including wages, terms, minimum qualifications, and application process—on a designated internet website for at least 30 calendar days; (3) requires the application to document the wage determination methodology; (4) applies nondisplacement protections to all employers by prohibiting displacement of U.S. workers at any time or within 180 days before or after H-1B placement (previously limited to H-1B-dependent employers and 90-day periods, with exceptions for training); (5) extends U.S. worker recruitment requirements to all employers; and (6) prohibits placing, outsourcing, leasing, or contracting H-1B workers to other employers without a waiver.

This section adds to the labor condition application requirements for employers petitioning for H-1B nonimmigrants under INA §212(n)(1) three new employer attestations: (1) that neither the employer nor its agent has advertised the position as available only to H-1B nonimmigrants or giving them hiring priority, and that the employer has not primarily recruited H-1B nonimmigrants for the position; (2) if the employer has 50 or more U.S. employees, that the combined number of H-1B and L-1 nonimmigrants does not exceed 50% of total employees and that the corporate organization has not been restructured to evade this limit; and (3) if the employer previously employed H-1B nonimmigrants, submission to DHS of Internal Revenue Service Form W-2 wage and tax statements for those nonimmigrants covering a prior period specified by the Secretary of Homeland Security.

This section revises Department of Labor (DOL) review requirements for H-1B labor condition applications (LCAs)—attestations by employers on wages and working conditions required prior to filing an H-1B petition—by (1) technically designating the review provision as subparagraph (K); (2) requiring DOL to make LCAs available through its website, without charge; (3) expanding the initial review scope to include indicators of fraud or misrepresentation of material fact (from review only for completeness); (4) authorizing DOL to return applications that are incomplete, present such fraud indicators, or are obviously inaccurate not later than 14 days after receipt (from within 7 days for incomplete or obviously inaccurate applications); and (5) authorizing the Secretary of Labor to investigate and conduct a hearing under existing procedures if fraud indicators are identified.

This section revises the allocation process for cap-subject H-1B nonimmigrant visas (i.e., for specialty occupations) by requiring the Secretary of Homeland Security to consider petitions in a specified priority order, replacing prior random selection procedures. The order prioritizes: (1) F-1 nonimmigrants (i.e., foreign students) who earned an advanced degree in a STEM field from an accredited U.S. institution of higher education (as defined in 20 U.S.C. 1001(a), generally public or nonprofit institutions offering degree programs); (2) petitions certifying payment of the median wage for skill level 4 in the relevant occupation per the most recent Occupational Employment Statistics survey; (3) F-1 nonimmigrants with any other advanced degree from such an institution; (4) petitions certifying payment of the median wage for skill level 3; (5) F-1 nonimmigrants with a bachelor's degree in a STEM field from such an institution; (6) F-1 nonimmigrants with a bachelor's degree in any field from such an institution; (7) petitions for Group I Schedule A shortage occupations designated by the Department of Labor; (8) petitions from employers demonstrating good corporate citizenship (i.e., E-Verify participation in good standing, no recent immigration or labor law violations or investigations, at least 90% H-1B approval rate over prior three fiscal years, and immigrant visa petitions filed for at least 90% of H-1B workers over that period); and (9) all remaining petitions. It defines STEM fields using the Department of Education's Classification of Instructional Programs taxonomy (i.e., computer/information sciences, engineering, biological/biomedical sciences, mathematics/statistics, and physical sciences).

This section revises the H-1B numerical cap exemption criteria by changing the description of qualifying employment with an institution of higher education from "is employed (or has received an offer of employment) at" to "is employed by (or has received an offer of employment from)" each place it appears. (Thus, the exemption applies only to nonimmigrants directly employed by—or receiving job offers directly from—such institutions.)

This section revises the definition of "specialty occupation" under INA §214(i) by (1) requiring attainment of a bachelor’s or higher degree in the specific specialty directly related to the occupation as a minimum for entry into the occupation in the United States; and (2) specifying that, for H-1B nonimmigrant visas (i.e., for temporary employment of foreign workers in specialty occupations requiring highly specialized knowledge), such requirements are met by full state licensure (if required to practice in the occupation) or, if licensure is not required, completion of a U.S. degree meeting the foregoing criteria or an equivalent foreign degree. (Thus, this eliminates substitution of relevant work experience for a degree.)

This section requires the Secretary of Labor to promulgate regulations imposing a reasonable processing fee on applicants for labor condition applications under the H-1B nonimmigrant visa program (i.e., employer attestations regarding wages and working conditions for specialty occupation workers). All fees collected are deposited into a new H-1B Administration, Oversight, Investigation, and Enforcement Account in the Treasury—available until expended—for salaries and expenses related to Department of Labor administration, oversight, investigation, and enforcement of the H-1B program.

This section authorizes the Secretary of Labor to issue subpoenas and seek injunctive relief or specific performance of contractual obligations to ensure employer compliance with H-1B labor condition application requirements (i.e., employer attestations as to wages, working conditions, and recruitment practices for nonimmigrant workers in specialty occupations). It specifies that rights and remedies available to H-1B nonimmigrants under these requirements supplement any other contractual or statutory rights.

This section limits the period of authorized admission for H-1B nonimmigrants (i.e., foreign workers in specialty occupations) to 3 years, except for up to 3 additional years (totaling 6 years) for beneficiaries of an approved employment-based immigrant petition (i.e., Form I-140 under INA §204(a)(1)(F)). (Previously, H-1B nonimmigrants could receive extensions up to 6 years total without an approved immigrant petition; certain extensions under §§104(c) or 106(b) of the American Competitiveness in the Twenty-first Century Act of 2000 remain available.)

This section prohibits issuing a B-1 nonimmigrant visa (i.e., business visitor) or admitting under B-1 status to an alien normally classifiable under INA §101(a)(15)(H)(i) (i.e., H-1B specialty occupation) who seeks to provide services in a specialty occupation as defined in INA §214(i)(1) or (i)(3) (i.e., fashion models), unless otherwise authorized by law. (Thus, such aliens must use an H-1B visa rather than a B-1 visa; the provision does not authorize B-1 admission for skilled or unskilled labor otherwise prohibited.)

This section revises investigation and complaint procedures for H-1B visa employer violations (i.e., failures to meet labor condition requirements such as paying prevailing wages). (As background, H-1B nonimmigrants are foreign workers in specialty occupations; employers must file a labor condition application attesting to nondisplacement of U.S. workers and no adverse wage effects, with violations subject to civil penalties, back pay, and program bars.) It (1) extends the complaint filing period to two years (from 12 months); (2) authorizes the Secretary of Homeland Security, upon receiving a complaint, to initiate investigations, including compliance surveys and audits of H-1B employers; (3) requires annual compliance audits of at least 1% of H-1B employers and of every employer with more than 100 U.S. employees if more than 15% of such employees are H-1B nonimmigrants; (4) directs public release of an executive summary or report on general audit findings; and (5) establishes a 24/7 complaint hotline accessible by telephone and electronically.

This section increases civil penalties and strengthens enforcement and worker protections relating to employer obligations in labor condition applications (LCAs) for H-1B nonimmigrant workers in specialty occupations. (As background, LCAs require employers to attest, among other things, to paying prevailing wages, providing working conditions comparable to U.S. workers, and nondisplacement of U.S. workers.) Specifically, the section: (1) expands "substantial violations" in clause (i) to all LCA conditions under 212(n)(1); raises the civil penalty to $5,000 (from $1,000); requires the Secretary of Homeland Security or State Department (as appropriate) to deny certain petitions or applications under expanded statutory provisions (INA §§101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)); and adds employer liability to harmed employees for lost wages and benefits if violating 212(n)(1)(A); (2) in clause (ii), mandates (rather than authorizes) civil penalties of $25,000 (from $5,000 "may"), with similar petition denial and liability provisions; (3) in clause (iii), revises the U.S. worker displacement trigger; mandates civil penalties of $150,000 (from $35,000 "may"), with similar petition denial and liability provisions; (4) replaces clause (iv) to prohibit employer retaliation (e.g., discharge, discrimination) against employees (current, former, or applicants) who disclose LCA violations or cooperate in investigations, with liability to harmed employees for lost wages and benefits; (5) in clause (v), authorizes a 90-day grace period (or until petition expiration) for terminated H-1B workers and dependents due to protected disclosures under clause (iv), during which they accrue no unlawful presence for purposes of departure or new employment-based status; and (6) in clause (vi), prohibits employers from requiring H-1B workers to pay early termination penalties or denying them benefits (e.g., health insurance, retirement plans, bonuses, stock options) offered to U.S. workers on the same basis; and raises the civil penalty to $5,000 (from $1,000).

This section revises the criteria in INA §212(n)(2)(E) under which the Secretary of Labor may waive H-1B labor condition application restrictions on placing H-1B nonimmigrants with secondary employers. The waiver requires the secondary employer (1) not to displace U.S. workers at any time or within 180 days before or after placement (excluding H-1B training periods), (2) principal control and supervision of the H-1B nonimmigrant by the petitioning employer, and (3) that the placement not be essentially labor for hire; the Secretary must grant or deny waiver applications within seven days. It further directs the Secretary to promulgate final rules, after notice and comment, governing such waiver applications and to notify Congress of, and publish in the Federal Register, the promulgation date.

This section revises the process by which the Secretary of Labor may initiate investigations of employer compliance with labor condition application requirements under the H-1B nonimmigrant visa program (i.e., attestations that H-1B employment will not adversely affect U.S. workers' wages and working conditions). Specifically, it (1) authorizes investigations based generally on employer compliance rather than specific triggers; (2) extends to two years (from 12 months) the timeframe for the Secretary to receive information before declining to investigate; (3) requires notice to the employer of intent to investigate—with sufficient detail for response—unless such notice would interfere with an investigation or enforcement (with the determination non-reviewable); (4) requires, upon finding a reasonable basis for noncompliance after investigation, notice to interested parties and an opportunity for a hearing under formal adjudication procedures of the Administrative Procedure Act (5 U.S.C. 556) within 120 days; and (5) directs imposition of civil monetary penalties upon a post-hearing finding of violation.

This section requires the Director of U.S. Citizenship and Immigration Services to provide the Secretary of Labor with information from H-1B nonimmigrant petition materials submitted by employers that indicates noncompliance with H-1B visa program requirements (i.e., wage, working condition, and recruitment attestations made via labor condition applications). (Thus, the Secretary may initiate and conduct investigations and hearings based on such information.)

This section strikes language requiring that H-1B employers exempt from general displacement restrictions under INA §212(n)(2)(E)(ii) refrain from displacing U.S. workers within 90 days before or after filing a Labor Condition Application or petition regardless of whether the employer is H-1B-dependent. (Thus, non-H-1B-dependent employers are no longer subject to this non-displacement rule.)

This section requires the Secretary of Labor, not later than 90 days after enactment, to establish a searchable public website for employers to post H-1B job positions as attested under INA §212(n)(1)(C) (i.e., the notice of job opportunity required to protect U.S. workers); authorizes the Secretary to partner with private companies or nonprofits to develop and operate the website and to promulgate implementing regulations; directs the Secretary to notify Congress of, and publish, the website's operational date; and applies the requirement to H-1B petitions filed 30 days thereafter.

This section amends the Immigration and Nationality Act (INA) to require an employer who filed an employment-based nonimmigrant petition to provide a former, current, or prospective employee beneficiary—within 21 business days of a written request—with the original or a certified copy of all related petitions, notices, and written communications exchanged with the Department of Labor, Department of Homeland Security, or other federal agencies concerning immigrant or nonimmigrant petitions filed for that beneficiary (allowing redaction of sensitive financial or proprietary information). The section also directs the Government Accountability Office to submit a report to Congress within one year of enactment analyzing the accuracy and effectiveness of the Department of Labor's job classification and wage determination system—specifically whether it reflects current job complexities and geographic wage differences—and providing recommendations for updates.

This section establishes requirements to inform H-1B nonimmigrants (i.e., temporary workers in specialty occupations) and L nonimmigrants (i.e., intracompany transferees) of employer obligations and their employment rights under federal law. Specifically, upon issuing an H-1B or L visa to an applicant outside the United States, the issuing office must provide the applicant with (1) a brochure outlining such obligations and rights, including labor and wage protections; (2) contact information for relevant federal agencies; and (3) a copy of the relevant petition; and, upon approving an initial petition for an alien inside the United States seeking such status, the Secretary of Homeland Security must provide the same materials.

This section authorizes the Secretary of Labor to hire up to 200 additional employees to administer, oversee, investigate, and enforce programs involving H-1B nonimmigrant workers (i.e., temporary visas for specialty occupations under INA §101(a)(15)(H)(i)(b)). Costs for these employees are to be recovered from the H-1B Administration, Oversight, Investigation, and Enforcement Account.

This section makes a technical correction by redesignating the second subsection (t) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182)—as added by Public Law 108-449—as subsection (u).