US Senator brings in Bill seeking 3-year pause on H-1B visas, standardised $100,000 fee

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United States Senator Tim Sheehy Thursday introduced a Bill in the Senate seeking to pause the issuance of new H-1B visas for the next three years, as well as formalise the $100,000 fee imposed by President Donald Trump’s administration, news agency PTI reported.Sheehy, who is also a Republican from Montana, said the US should not be issuing visas that threaten the rights of American workers. The Bill was brought in over a month after a US federal court struck down the $100,000 fee imposed by the Trump administration on fresh H-1B visas last year in September. In the verdict, District Judge Leo Sorokin in Boston said the fee amounted to a tax, which the President did not have the authority to introduce without approval from Congress.Explained | Trump’s $100,000 H-1B visa fee struck down: For Indian professionals, why some damage may already have been doneWhat did the US Senator say?Sheehy, over a statement, said, “The H-1B programme was created to address workforce shortages for specialised, difficult-to-fill positions — not to displace qualified, hardworking Americans with cheaper, foreign labour.”“My legislation, the End H-1B Abuse Act, restores the programme to its original intent and puts American workers first by closing loopholes that incentivise abuse, strengthening guardrails and prioritising our national security interests,” he added.Sheehy described the Act as “a critical, proactive step” to protect US workers, curb H-1B fraud, and address what he called national security risks created by a programme that has operated for years with inadequate guardrails, PTI quoted.The proposed ActThe End H-1B Abuse Act calls for an overhaul of the entire system, which would entail a three-year pause on new H-1B visas, a sharp reduction in annual caps to 25,000, a $200,000 salary threshold, an end to OPT, and even a ban on transitioning to green cards.According to immigration lawyers, in its current form, it would amount to a near-total reset of the skilled migration system, The Indian Express highlighted.Story continues below this adIt also proposes to permanently replace the random lottery in statute with a wage-based selection system and impose bans on concurrent employment and third-party staffing-agency models, PTI noted.Also Read | A sweeping new H-1B Bill has raised alarm. What does it mean for Indian students and working professionals?Moreover, it seeks to end the “dual intent” provision for H-1B visa holders and prevent H-class visa holders from bringing dependents to the US. It would also bar federal agencies from sponsoring or employing non-immigrant visa holders, according to the report.The proposed legislation seeks to eliminate work authorisation for foreign students and certain exchange visitors by ending Optional Practical Training-style programmes, the news agency added.Support for the proposalThe proposed Bill is supported by the Immigration Accountability Project and the Federation for American Immigration Reform (FAIR), PTI reported.Story continues below this adAfter pausing the visa for 3 years, the Bill aims to restart the programme under far-tighter limitations and higher standards. It also seeks to codify Trump’s USD 100,000 fee for each H-1B petition.Federal court rulingThe Boston-based First US Circuit Court of Appeals on Friday rejected the Trump administration’s motion to stay US District Judge Leo T Sorokin’s June 8 ruling that struck down the fee on new H-1B visas, Reuters reported.The panel termed the fee an unlawful tax not authorised by Congress, saying the US administration had failed to convincingly show that it possessed the legal authority to impose such a huge fee.What is the H-1B visa programme?The H-1B visa programme facilitates the issuance of non-immigrant visa that allows US companies to employ highly-skilled international workers in speciality roles that require theoretical or technical expertise.Story continues below this adUnder the programme, about 65,000 visas are offered each year, with an additional 20,000 for people with advanced degrees, according to a report in The Indian Express.US technology companies mostly depend on it to hire thousands of employees every year from several countries, including, India and China.Trump has issued a proclamation last September that imposed a hefty fee for obtaining H-1B visas. Making the announcement, Trump had cited the exploitation of American workers, who were allegedly being replaced by foreign workers, for lower-paid, and lower-skilled job roles.Employers around the globe seeking a foreign worker visa before Trump’s move used to pay about $2,000 to $5,000 in fees. Few employers have paid this fee since it was instituted.