Representative Eli Crane (R-AZ) introduced H.R. 8443 — the End H-1B Visa Abuse Act of 2026 on April 22, 2026, alongside seven co-sponsors including Reps. Gosar, Hunt, Self, Ogles, McClintock, Babin, and Gill of Texas. The bill proposes the most sweeping overhaul of the H-1B skilled-worker program in its history: a three-year suspension of all new H-1B visas, followed by permanent structural reforms that would reshape the program from the ground up.
As of May 2026, neither the House nor the Senate has voted on the bill. However, it has drawn significant attention from tech companies, hospitals, universities, and immigration attorneys — all of whom would be directly affected if it were to pass.
What the End H-1B Visa Abuse Act Would Do
Phase 1: Three-Year Freeze on New H-1B Visas
For three full fiscal years from enactment, USCIS would be prohibited from approving any new H-1B petitions. This freeze would affect:
- New H-1B initial petitions from U.S. employers
- New Optional Practical Training (OPT) authorizations, which feed the H-1B pipeline
- Third-party staffing arrangements (i.e., H-1B workers placed at client sites)
- Adjustment of status from H-1B to lawful permanent resident for new cases
What would NOT be affected during the freeze: H-1B holders already in valid status as of enactment could continue working under their current authorization. Extensions for existing H-1B workers in the same position with the same employer would not be blocked by the bill’s text, though implementation details would depend on USCIS rulemaking.
Phase 2: Post-Freeze Permanent Reforms
After the three-year pause, the H-1B program would resume under dramatically different rules:
- Annual cap reduced from 65,000 to 25,000 (a 62% reduction)
- Lottery eliminated — replaced with a first-come, first-served queue prioritized by wage level (highest-paid applicants first)
- Minimum salary floor of $200,000 — up from the current prevailing wage requirements, which average roughly $80,000–$110,000 depending on level and occupation
- H-4 dependent work authorization eliminated — spouses of H-1B holders would no longer be eligible to work
- Third-party placement prohibited — staffing agencies could not place H-1B workers at client sites they do not directly employ
- Adjustment of status barred — H-1B holders could not adjust to green card status from within the U.S.; they would need to apply through consular processing abroad
- OPT eliminated — the Optional Practical Training extension that allows F-1 students to work for up to 3 years after graduation would be ended
Who Would Be Most Affected
The H-1B program currently supports approximately 600,000 workers in the United States, predominantly in technology, healthcare, finance, and academia. The sectors most exposed to this bill:
- Tech companies (Google, Microsoft, Amazon, Meta) — large users of H-1B visas for software engineers and researchers
- Hospitals and healthcare systems — heavily reliant on foreign-trained physicians and nurses on H-1B and J-1 waivers
- Universities — faculty, researchers, and postdoctoral fellows on H-1B status
- IT staffing firms — third-party placement model explicitly targeted by the bill
- F-1 international students — OPT elimination would remove their primary pathway to employment after graduation
Will the End H-1B Visa Abuse Act Pass?
Immigration attorneys and policy analysts broadly view the bill as unlikely to pass in its current form. The bill would face fierce opposition from business groups , technology industry lobbies, the healthcare industry (which is already experiencing physician shortages made worse by the January visa freeze), and universities. Even Republicans who support tighter H-1B rules — including figures like Elon Musk and Vivek Ramaswamy who publicly clashed over H-1B visas in late 2024 — have generally favored reforms rather than a near-total shutdown of skilled immigration.
The bill is better understood as a negotiating position that could influence broader immigration reform legislation like the “One Big Beautiful Bill,” which contains its own H-1B-related provisions. Employers and HR teams should monitor the bill but not take immediate action based on it.
Current H-1B Rules Still in Effect
Until and unless Congress passes new legislation, the H-1B program continues under existing rules:
- Annual cap: 65,000 regular + 20,000 master’s cap exemption
- FY 2027 lottery registration closed; selected petitions being filed April–June 2026
- Wage-level based selection rule (finalized under Biden, unchanged by Trump administration): Level IV and Level III wage applicants selected first
- H-4 EAD (employment authorization for spouses) remains available
- OPT and STEM OPT remain available
For more on the H-1B program, see our H-1B Lottery 2026 Guide and our coverage of H-1B Wage-Based Selection Reforms. For the broader legislative context, read our analysis of the Senate $72B Immigration Enforcement Bill.
