Republicans push three‑year H‑1B pause

Rep. Eli Crane, an Arizona Republican, introduced H.R. 8443 on April 22 to pause issuance of new H-1B visas for three years, according to the bill text on Congress.gov. The measure, called the “End H-1B Visa Abuse Act of 2026,” was co-sponsored by Reps. (congress.gov) Paul Gosar, Wesley Hunt, Keith Self, Andy Ogles, Tom McClintock, Brian Babin and Brandon Gill of Texas, and was referred to the House Judiciary Committee. The proposal goes beyond a temporary freeze. The bill says no person may be issued an H-1B visa until three years after enactment, then would reduce the annual cap to 25,000 from the current 65,000 regular cap plus 20,000 U.S. advanced-degree exemption slots, shorten the maximum stay to three years from six, end H-1B dual intent and add a $100,000 fee on employer petitions for new H-1B status and job changes. (congress.gov) ### Which workers would this hit first? USCIS says the H-1B program is used by U.S. employers to hire foreign workers in specialty occupations requiring at least a bachelor’s degree or equivalent. (congress.gov) The annual cap process is central for new entrants, especially graduates and overseas hires seeking first-time access to the U.S. labor market, while some employers such as universities and certain nonprofit research organizations can use cap-exempt routes. News India Times reported that the bill has stirred alarm among Indian students and professionals because Indian nationals are among the largest users of the program for technology and other skilled roles. (congress.gov) The outlet framed the measure as a threat to the established path from U.S. study to U.S. employment for many Indian graduates. ### Why are lawyers comparing H-1B to a noncompete? The Boston Business Journal reported on May 18 that legal experts say the H-1B structure can restrict worker mobility because the visa is tied to an employer-sponsored petition. (uscis.gov) A worker can change jobs, but the process depends on a new employer filing and maintaining status, which immigration lawyers say can deter moves and weaken wage bargaining. Congress built the program around employer sponsorship, and USCIS describes it as a system in which companies petition for specialty workers. That structure is one reason critics argue the visa can function, in practice, like a labor-market restraint even when no formal noncompete agreement exists. (newsindiatimes.com) ### What does the bill change besides the pause? Section 3 of H.R. 8443 would rewrite several core features of the program after the pause ends. The text would eliminate dual intent for H-1B workers, cap annual issuances at 25,000, reduce maximum duration to three years and require the new $100,000 fee for employers filing for new H-1B status or authorization to change employers. (bizjournals.com) The current system allows 85,000 cap-subject slots each fiscal year, and USCIS said last month that a weighted selection rule effective Feb. 27, 2026 would apply to the FY 2027 cap registration season. (uscis.gov) That means the Republican bill would override a program the administration has only recently revised. ### Where does this leave employers and cross-border workers? U.S. companies still rely on H-1B for engineering, software and other specialized roles, and USCIS completed the FY 2027 cap selection process this spring after demand again met the 85,000 annual quota. (congress.gov) That leaves employers operating under the current rules unless Congress advances H.R. 8443. For workers comparing U.S. and Canadian jobs, the bill adds another variable beyond salary. The next formal step is in the House Judiciary Committee, and any hearing, markup or vote on H.R. 8443 would be posted on Congress.gov. (uscis.gov) (congress.gov) (uscis.gov)