US Senate Bill Proposes 3-Year H-1B Visa Pause and $100K Fee

The H-1B Abuse Prevention Act of 2026, filed by Senator Tim Sheehy, would halt approval of new H-1B petitions for 36 months while the Department of Labor and Department of Homeland Security conduct a joint review of the program's wage protections and compliance enforcement.

During the freeze, employers could still file for extensions or changes of status for current H-1B workers, but no new beneficiaries could be admitted. The bill also directs the departments to submit a report to Congress with recommendations for reform before the moratorium lifts.

A separate provision would make the $100,000 fee permanent for each H-1B petition, replacing the current tiered fee structure that charges employers between $10,000 and $45,000 depending on company size and worker count. Revenue from the fee would fund a new fraud detection unit within U.S. Citizenship and Immigration Services.

Sheehy's office said the bill responds to recent layoffs in the tech sector that coincided with continued high volumes of H-1B approvals. The proposal faces uncertain odds in the Senate, where similar restrictions have stalled in previous sessions.

Immigration attorneys and business groups have criticized the fee as prohibitive for startups and small firms, while some labor advocates argue the freeze is too short to address systemic wage suppression. No companion bill has been introduced in the House.