End H-1B Abuse Act has emerged as the latest proposal that could reshape the future of the US H-1B visa programme. Introduced in the US Senate by Republican Senator Tim Sheehy, the bill proposes a three-year suspension on issuing new H-1B visas, followed by stricter rules governing the programme.
The End H-1B Abuse Act proposal has not become law, and the existing H-1B visa programme continues to operate under current regulations. However, if approved by Congress, the legislation could significantly affect skilled foreign workers, particularly Indians, who receive the largest share of H-1B visas each year.
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What does the End H-1B Abuse Act propose?
Based on the assertions made by Senator Sheehy, the aim of the bill is to bring the H-1B program back to what it was supposed to do, which is to fill specialized positions that cannot be filled by competent U.S. citizens. According to the senator, the legislation seeks to ensure that the program ensures more protection, less fraud, and the priority of U.S. workers.
If passed, the proposed legislation will see:
Suspend the issuance of new H-1B visas for a period of three years.
Introduction of an application fee of $100,000 per H-1B petition through legislation.
Abolishment of the current random lottery selection method and adopting a wage selection method.
Ban on concurrent employment and third-party staffing agency placement.
Elimination of the dual intent of H-1B visa holders.
Prohibition of bringing dependents for H-class visa holders.
Prohibition of federal agencies from sponsoring and employing employees on non-immigrant visas.
Elimination of work authorization of foreign students and some exchange visitors, including OPT-like programs.
How could the proposal affect Indian professionals?
India remains the largest beneficiary of the H-1B programme, with thousands of engineers, IT professionals, researchers, healthcare workers and other skilled employees moving to the US each year through the visa route.
If enacted, the bill could temporarily halt new H-1B approvals for three years, making it more difficult for Indian professionals to secure jobs in the US.
The proposed $100,000 application fee could also substantially increase hiring costs for employers, potentially reducing demand for foreign workers.
Indian students planning to stay in the US after graduation through OPT-like programmes could also be affected if those work authorisation provisions are withdrawn. In addition, families planning to relocate together may face challenges if dependent visas are restricted under the proposed legislation.
What is the status of the bill?
The proposal is currently a bill introduced in the US Senate and has not been enacted into law.
It has to be approved by both the chambers of Congress and signed off by the president to become a law. In the meantime, the present H-1B visa program will stay the same, and the visa seekers will continue applying for it based on the prevailing immigration laws.
The bill aims at granting permanent authority to collect the fee of $100,000, which had been imposed during the Trump presidency and was subsequently declared illegal by a federal court due to the lack of congressional authorization. As per the bill, an Act of Congress would be required to levy the fee.
FAQs
Q1. Has the US stopped issuing H-1B visas for three years?
No. The three-year suspension is part of the proposed End H-1B Abuse Act. The bill is yet to be passed, and therefore the H-1B program is operating as per the old guidelines.
Q2. What impact would the End H-1B Abuse Act have on Indians?
If the End H-1B Abuse Act bill becomes a law, it may have a temporary halt on issuance of new H-1B visas, a fee of $100,000 would be imposed along with stringent eligibility criteria affecting Indians.
