H-1B visa programme, using which US technology companies hire Indian and other foreign workers, faces another hurdle under the Donald Trump-led United States administration with a group of Republican lawmakers in the US Congress putting forward a legislation seeking a three-year ban.
The fresh obstacle for H-1B visa programme comes months after US President Donald Trump announced a $1,00,000 fee on fresh applications.
The group of Republican lawmakers in the US Congress has put forward legislation seeking a three-year suspension of the H-1B visa programme, arguing that it has been misused to replace American workers with lower-cost foreign labour.
Congressman Eli Crane of Arizona introduced the End H-1B Visa Abuse Act of 2026, with support from seven fellow Republican lawmakers as co-sponsors.
The proposed bill outlines several changes to the H-1B programme, including cutting the annual cap from 65,000 to 25,000, setting a minimum salary requirement of $2,00,000 per year, and preventing H-1B visa holders from bringing dependents to the United States.
Lawmakers Brian Babin, Brandon Gill, Wesley Hunt, Keith Self (all from Texas), Andy Ogles (Tennessee), Paul Gosar (Arizona), and Tom McClintock (California) have joined as original co-sponsors.
What it means for Indians
Singling out Indians is important because the H-1B visa programme is widely used by US technology firms to hire foreign workers, with Indian professionals – particularly in technology and healthcare – forming one of the largest groups of recipients.
The bill proposes additional reforms such as replacing the lottery system with a wage-based selection process, requiring employers to confirm they cannot find qualified American workers and have not carried out layoffs, prohibiting H-1B workers from holding multiple jobs, and restricting third-party staffing agencies from employing them.
It also calls for barring federal agencies from hiring or sponsoring nonimmigrant workers, ending Optional Practical Training (OPT), and reinforcing the temporary nature of nonimmigrant visas by preventing H-1B holders from transitioning to permanent residency.
Further, the proposed changes would require nonimmigrants to leave the US before switching to another nonimmigrant visa category.
“The federal government should work for hardworking citizens, not the profit margins of massive corporations. We owe it to the American people to prevent the broken H-1B system from boxing them out of jobs they are qualified to perform,” the report quoted Crane as saying.
Can US legally pause H-1B visa programme?
Rahul Reddy, a Houston-based immigration attorney, said that the US can in theory legally pause H-1B visa programme as the Congress has the authority to do so. If Congress decides to freeze a visa category, the administration must implement it, an Indian Express report quoted Reddy as saying. He pointed to existing restrictions affecting certain countries as evidence.
Listing the more complex practical consequences, Reddy said if a freeze comes into effect, “H-1B holders will have to leave the country or move to another visa status.” For many, that may require shifting to a student visa or exiting the US altogether.
Reddy said noted that the most vulnerable group happens to be Indians stuck in employment-based green card backlogs, some waiting up to 20 years. For them, provisions in the Bill blocking adjustment of status would not having the benefit they have been legally accruing over decades anymore, which could raise serious constitutional concerns.
H-1B visa system ‘hijacked’
Congressman Crane said the End H-1B Visa Abuse Act of 2026 would expand access to jobs, strengthen safeguards in the visa process, and prioritise American workers.
“I am proud to cosponsor Rep Eli Crane’s efforts to reform and tighten our H-1B visa system, ensuring that our immigration system serves American workers first before foreigners,” said Rep Brandon Gill.
Rep Paul Gosar alleged that the H-1B programme has been “hijacked to replace American workers with cheaper foreign labour – plain and simple”.
The bill, he said, halts what he described as a system stacked against Americans and aims to put domestic jobs first.
“If a company can hire an American, they should. No loopholes. No excuses. We’re done subsidising the outsourcing of our own workforce,” Gosar said.
Rep Andy Ogles claimed that American workers are being displaced due to cheaper foreign labour.
“We will not bow down to the corporations, and we will not let Americans become strangers in their own country. End the H-1B scam,” he said.
“This is the strongest H-1B bill that has ever been introduced in Congress. H-1B visas were sold to the American people as a short-term visa to fill temporary labour gaps, while Americans are trained to take those jobs,” said Rosemary Jenks, Cofounder, Immigration Accountability Project.
H-1B scare: Bill moved in US Cong to pause visa programme for 3 years. What it means for Indians
