Bill introduced in US Senate seeks 3-year pause on H-1B visas, codify USD 100K fee

WASHINGTON: A US senator has introduced a bill in the Senate that seeks to pause issuance of new H-1B visas for three years and codify the USD 100,000 fee imposed by the Trump administration, which was struck down by a federal court.

US Senator Tim Sheehy, a Republican from Montana, said the US should not be issuing visas that make it easier to undercut the rights of American workers.

The H-1B visa is a non-immigrant visa that allows US companies to employ highly skilled foreign workers in speciality occupations that require theoretical or technical expertise. American technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

"The H-1B programme was created to address workforce shortages for specialised, difficult-to-fill positions -- not to displace qualified, hardworking Americans with cheaper, foreign labour," Sheehy said in a statement on Thursday.

"My legislation, the End H-1B Abuse Act, restores the programme to its original intent and puts American workers first by closing loopholes that incentivise abuse, strengthening guardrails and prioritising our national security interests," he said.

Sheehy described the End H-1B Abuse Act as "a critical, proactive step" to protect American workers, curb H-1B fraud, and address what he called national security risks created by a programme that has operated for years with inadequate guardrails.

The proposed legislation is supported by the Immigration Accountability Project and the Federation for American Immigration Reform (FAIR).

The bill seeks to pause new H-1B visas for three years and then restart the programme under far tighter limits and higher standards.

It also seeks to codify President Donald Trump's USD 100,000 fee for each H-1B petition.

The Boston-based First Circuit Court of Appeals on Friday denied the Trump administration's motion to stay US District Judge Leo T Sorokin's June 8 ruling that struck down the fee, terming it an unlawful tax not authorised by Congress.

The bill also proposes to permanently replace the random lottery in statute with a wage-based selection system and bans concurrent employment and third-party staffing-agency models.

It also seeks to end the "dual intent" provision for H-1B visa holders and prevent H-class visa holders from bringing dependents.

The proposed legislation would also bar federal agencies from sponsoring or employing non-immigrant visa holders.

In addition, it seeks to eliminate work authorisation for foreign students and certain exchange visitors by ending Optional Practical Training-style programmes.