S 5097: End H–1B Visa Abuse Act of 2026

S 5097 in plain English: This bill would raise the minimum annual wage that employers must pay H-1B visa workers to $200,000 and impose a $100,000 fee on each H-1B petition filed by employers, starting in fiscal year 2026.

Stated purpose

To pause the issuance of H-1B visas for three years and then restart the program only under stricter rules, including higher wage requirements, lower caps, and stronger protections for American workers.

Key points

• Requires employers to pay H-1B visa holders at least $200,000 per year
• Imposes a $100,000 fee on each H-1B visa petition filed by employers starting in fiscal year 2026

Arguments supporters make

• The H-1B program is used by some companies to replace willing American workers with cheaper foreign labor, and strict wage floors and recruitment requirements would force employers to hire Americans first.
• Cutting the annual visa cap to 25,000, requiring a $200,000 minimum salary, and charging a $100,000 employer fee would ensure only genuinely scarce, highly skilled positions are filled through the program rather than routine jobs.
• Eliminating the random lottery and awarding visas by highest wage offered would prioritize the most skilled and in-demand workers instead of letting companies game a random selection system.

Arguments opponents make

• A three-year complete pause on H-1B visas could leave U.S. technology, healthcare, and research sectors without workers they rely on, slowing innovation and forcing companies to move operations abroad.
• A $200,000 minimum wage requirement and $100,000 employer fee would effectively shut out small businesses, startups, and universities that cannot afford those costs even for genuinely hard-to-fill specialized roles.
• Eliminating dependent visas for spouses and children would force families to separate or discourage highly skilled workers from accepting U.S. positions at all, making America less competitive for global talent.

Tradeoffs

Tighter rules and higher costs may better protect American workers and wages, but could also leave employers unable to fill specialized roles and make the United States a less attractive destination for skilled workers compared to other countries.

Current status in Congress: In committee.

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