[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9157 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9157
To reform the H-1B process, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2026
Mr. Roy (for himself and Mr. Crane) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform the H-1B process, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American White-Collar Worker Jobs
Act of 2026''.
SEC. 2. REASSERTING CONGRESS'S CONSTITUTIONAL AUTHORITY OVER
IMMIGRATION.
(a) In General.--The power to authorize employment for classes of
aliens is reserved to Congress.
(b) Unauthorized Alien.--Section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)) is amended by inserting
``pursuant to statute'' after ``Attorney General''.
(c) Applicability.--Title II of the Immigration and Nationality Act
applies to an alien's entry and entire stay in the United States.
(d) Limitation.--Section 214(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(a)(1)) is amended by inserting ``The
authority to prescribe regulations under this section is limited to
those necessary to set the duration of admission and to insure that at
upon failure to maintain the status under which an alien was admitted,
or to maintain any status subsequently acquired under section 248, the
alien with will leave the country.'' after the first sentence.
(e) Rules.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall update rules
regarding nonimmigrants to be consistent with this Act and the
amendments made by this Act.
(f) Nonimmigrant Classification.--Section 248 of the Immigration
and Nationality Act (8 U.S.C. 1258) is amended by adding at the end the
following:
``(c) Any adjustment of status under this section requires
complying with the admission and ongoing requirements of the new
nonimmigrant status acquired.''.
SEC. 3. H-1B REFORM.
(a) Adjustment of Status.--
(1) Nonimmigrant requirements.--Section 101(a)(15)(H) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H))
is amended by inserting ``having a residence in a foreign
country which he has no intention of abandoning'' before ``who
is coming'' the first place it appears.
(2) Immigrant presumption.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended
by striking ``(other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), and other than a
nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section)''.
(3) Special provisions for lengthy adjudications.--Section
106 of American Competitiveness Act in the Twenty-first Century
Act of 2000 (Public Law 106-313) is repealed.
(4) Admission of nonimmigrants.--Section 214(h) of the
Immigration and Nationality Act (8 U.S.C. 1184(h)) is repealed.
(b) Labor Condition Application.--
(1) Inadmissibility.--Section 212(n)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to read as
follows:
``(1)(A) No alien may be admitted or provided status as an
H-1B nonimmigrant in an occupational classification unless the
employer has filed with the Secretary of Labor, and the
Secretary of Labor has approved an application that--
``(i) uniquely identifies the potential
nonimmigrant to whom the application applies,
including a photograph;
``(ii) specifies the occupational
classification of employment;
``(iii) specifies the address where the
nonimmigrant will be employed;
``(iv) specifies the wage to be paid to the
nonimmigrant;
``(v) specifies the nationality of the
nonimmigrant;
``(vi) includes any other information the
Secretary of Labor determines is necessary; and
``(vii) certifies the following:
``(I) That the employer will pay
the nonimmigrant full-time wages for
the entire period of employment that
are the higher of--
``(aa) the actual wage
level paid by the employer to
all other individuals with
similar experience and
qualifications for the specific
employment in question; or
``(bb) the wage determined
by the Secretary of Labor to be
at the 75th percentile for
workers in the same location
and occupation.
``(II) There are not sufficient
workers who are able, willing, and
qualified, and who will be available at
the time and place needed, to perform
the labor or services involved in the
petition.
``(III) The employment of the alien
in such labor or services will not
adversely affect the wages and working
conditions of workers in the United
States similarly employed.
``(IV) There is not a strike or
lockout in the course of a labor
dispute in the occupational
classification at the place of
employment.
``(V) The employer, at the time of
filing the application--
``(aa) has provided notice
of the filing under this
paragraph to the bargaining
representative (if any) of the
employer's employees in the
occupational classification and
area for which aliens are
sought; or
``(bb) if there is no such
bargaining representative, has
provided notice of filing in
the occupational classification
through such methods as
physical posting in conspicuous
locations at the place of
employment or electronic
notification to employees in
the occupational classification
for which an H-1B nonimmigrant
is sought.
``(VI) The H-1B nonimmigrant has
not and will not displace any United
States workers either directly employed
by the employer or indirectly by a
third-party employer.
``(VII) The employer has not and
will not lay off any United States
workers in the same employment
classification within one year of
making the application.
``(VIII) An employer, prior to
filing the application--
``(aa) has advertised the
job on an internet website
maintained by the Secretary of
Labor for the purpose of such
advertising;
``(bb) has offered the job
to any United States worker who
applies and is equally or
better qualified for the job
for which the nonimmigrant is
sought; and
``(cc) has taken good faith
steps to recruit, in the United
States using procedures that
meet industry-wide standards
and offering compensation that
is at least as great as that
required to be offered to H-1B
nonimmigrants under subclause
(III), United States workers
for the job for which the
nonimmigrant or nonimmigrants
is or are sought.
``(IX) The employer has not placed
any advertisements specifically seeking
to hire nonimmigrants either directly
or through a third party within the
past year.
``(X) The percentage of the
employer's employees within the United
States who are nonimmigrants does not
exceed 5 percent.
``(XI) The nonimmigrant is fully
qualified to perform the occupation of
intended employment, including
possessing a bachelor's degree or
higher from a university determined to
be equivalent to a degree from a United
States university by recognized
educational credential evaluation
service in a field that is related to
the occupation and possessing any
licenses required for that occupation.
The Secretary of Labor shall determine
which educational credential evaluation
services are recognized.
``(XII) The nonimmigrant has not
and will not be required to pay any
part of the fees or expenses for
obtaining the visa.
``(XIII) The nonimmigrant has not
and will not be required to pay for any
services provided by the employer, such
as housing.
``(XIV) The nonimmigrant has not
and will not be charged any fee, bond,
damages or similar for ceasing
employment with the employer.
``(XV) The employer does not
restrict employment opportunities, such
as using a preferred vendor list, for
either temporary or permanent
employment to those supplied by or
referred by specific third parties.
``(B) The Secretary of Labor shall review the contents of
the application before approval. The Secretary of Labor shall
not approve an application for an occupational classification
where the unemployment rate exceeds 2 percent.
``(C) The Secretary of Labor shall make available to the
public information received in applications, less any personal
identifying information.
``(D) The Secretary of Labor shall establish and maintain a
website for employers to post jobs prior to seeking foreign
labor.
``(E) The application shall be valid for making a petition
for a visa under section 101(a)(15)(H)(i)(b) for 90 days after
approval.''.
(2) Prevailing wage.--Section 212(p) of the Immigration and
Nationality Act (8 U.S.C. 1182(p)) is amended--
(A) by striking paragraphs (1) and (4); and
(B) redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
(3) Occupational classification.--Section 212(t)(2)(C) of
the Immigration and Nationality Act (8 U.S.C. 1182(t)(2)(C)) is
amended by striking all that follows after ``subsection'' and
inserting a period.
(c) Enforcement.--Section 212(n)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(2)) is amended to read as follows:
``(2)(A) The Secretary of Labor has the power to enforce
the provisions of this paragraph, including the power to
investigate, review documents submitted as part of the visa
process, subpoena, and audit.
``(B) The Secretary of Labor shall establish a process for
receiving complaints of violations of this paragraph. The
Secretary may act on any such complaint received within 1 year
of the alleged violation.
``(C) The Secretary of Labor may charge an employer that
violates the terms of this paragraph. An employer charged shall
have the right to request a hearing. The Secretary of Labor may
sanction an employer up to $100,000 (inflation adjusted) for
each violation of the terms of this paragraph. The Secretary of
Labor may also ban an employer from employing H-1B
nonimmigrants, both directly and indirectly through a third
party, for up to 10 years. A party may appeal such a judgment
of the Secretary of Labor to the court of appeals having
geographic jurisdiction where the violations were found to have
occurred.
``(D) United States workers have the right not to be
displaced by nonimmigrant workers. Any United States worker who
is displaced by a nonimmigrant shall have a cause of action in
tort in the Federal courts against those employers causing the
displacement, whether directly or indirectly.''.
(d) Definitions Repeal.--Paragraph (3) of section 212(n) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)) is repealed.
(e) Displacement.--Section 212(n)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(4)(B)) is amended by striking ``, and
is located in the same area of employment as the other job''.
(f) Lay Offs.--Section 212(n)(4)(D)(i)(II) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(4)(D)(i)(II)) is amended by striking
``(or, in the case of a placement of a worker with another employer
under paragraph (1)(F), with either employer described in such
paragraph)'' and inserting ``in the same area of employment''.
(g) Manner of Issuance.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) under section 101(a)(15)(H)(i)(b), may not
exceed 65,000.'';
(2) in paragraph (3), by striking ``in the order in which
petitions are filed for such visas or status'' and inserting
``, with priority given to petitions with higher salaries'';
(3) in paragraph (4), by striking ``6 years.'' and
inserting ``2 calendar years. This duration starts with the
date that is the earlier of the date of admission or date of
change of status to that of a nonimmigrant under section
101(a)(15)(H)(i)(b), or 90 days after the visa is issued.'';
and
(4) by striking paragraphs (5) through (7) and inserting
the following:
``(5) The number of nonimmigrants admitted under section
101(a)(15)(H)(i)(b) from any one country may not exceed 7
percent of the number allotted under paragraph (1)(A).''.
(h) New Employment Repeal.--Section 214(n) of the Immigration and
Nationality Act (8 U.S.C. 1184(n)) is repealed.
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