New H-1B Visa Proposal Raises the Stakes for Employers Dramatically

House Republicans have introduced legislation that would sharply increase penalties for employers found to have committed serious violations of the H-1B visa program. The proposal would raise the highest specified financial penalty from $35,000 to $250,000 while extending the minimum period during which certain violators can be barred from participating in immigration programs.

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New H-1B Visa Proposal Raises the Stakes for Employers Dramatically
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Representative Beth Van Duyne of Texas introduced the H-1B Visa Fraud Crackdown Act on October 1, 2026, alongside five Republican cosponsors from Texas. According to the text of H.R. 10643, the two-page measure would amend provisions of the Immigration and Nationality Act covering serious H-1B violations and document fraud.

The Bill Would Sharply Increase Penalties for Serious H-1B Violations

Under the proposal, one existing $5,000 penalty would rise to $100,000. The minimum associated period of exclusion from immigration programs would also increase from at least two years to at least five years.

For more serious violations covered by another provision of the law, the financial penalty would increase from $35,000 to $250,000. The minimum period of exclusion would rise from at least three years to at least 10 years.

The bill would also make substantial changes to penalties involving document fraud. According to the legislation, fines currently ranging from $250 to $2,000 would instead range from $1,000 to $10,000. A separate penalty range of $2,000 to $5,000 would increase to between $20,000 and $50,000.

Van Duyne said the measure was intended to create “severe financial penalties” for companies that violate existing law and take advantage of the American workforce. In a post announcing the proposal, she said the legislation would “drastically increase monetary penalties for intentional H-1B violations by employers.”

She also argued that the H-1B program should be limited to helping American companies recruit highly qualified people in specialized fields, while saying that misuse of the system had created disadvantages for U.S. workers.

The Proposal Enters a Wider Congressional Debate Over H-1B Visas

The legislation arrives amid broader political disputes over the H-1B program, which allows U.S. employers to hire foreign workers for specialty occupations. Immigration hard-liners have called for tighter restrictions or an end to the program, while figures in the technology industry have defended it as a way to recruit highly skilled workers from overseas.

According to Newsweek, Van Duyne’s bill is one of several congressional proposals seeking major changes to employment-based immigration. Representative Eli Crane of Arizona has introduced legislation that would pause new H-1B visas for three years, reduce the annual cap and establish a $200,000 salary requirement.

Representative Chip Roy of Texas has proposed separate legislation that would end the ability of H-1B workers to use the visa as a route toward permanent residency and change how visas are awarded. Other lawmakers have pursued measures aimed at reducing the green-card backlog, including proposals that could affect H-1B workers waiting for permanent residency.

Van Duyne’s bill has not become law. According to the congressional text, it was referred to the House Judiciary Committee after being introduced with Representatives Brandon Gill, Pete Sessions, Keith Self, Brian Babin and Pat Fallon as cosponsors. The higher penalties therefore are not currently in effect. For the proposed changes to take effect, the legislation would have to pass both the House and Senate and be signed by the president. Its path through Congress remains uncertain.

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