H-1B Visa Fraud Bill proposes sharply higher penalties for employers that violate H-1B programme rules, with the first level of fines potentially rising from $5,000 to $100,000.
The bill, called the H-1B Visa Fraud Crackdown Act, was introduced in the US House of Representatives on October 1, 2026.
It was introduced by Representative Beth Van Duyne and has been referred to the House Judiciary Committee.
H-1B Visa Fraud Bill targets employer violations
The proposed legislation focuses on penalties for employers found violating rules governing the H-1B visa programme.
It does not propose changes to H-1B visa caps, eligibility, wages or grace periods.
Under the proposal, fines for first-tier violations would increase from the current $5,000 to as much as $100,000.
This represents a 20-fold increase in the maximum penalty.
The bill would also introduce a minimum five-year debarment for certain first-tier violations, meaning affected employers could be barred from participating in the H-1B programme for that period.
Fines could reach $250,000
For willful violations or cases involving the displacement of US workers, the proposed penalty could rise to $250,000.
The bill also proposes longer debarment periods for serious violations.
Under the proposal, employers involved in these violations could face debarment for up to 10 years.
The measure therefore focuses heavily on increasing the financial and programme-related consequences of H-1B violations.
Document fraud penalties would also increase under the bill.
A first offence could carry a fine of up to $10,000, while repeat offences could attract penalties of up to $50,000.
What the H-1B proposal means for employers
The proposed changes would affect employers found to have violated H-1B programme requirements rather than changing the basic eligibility rules for foreign workers.
The H-1B programme allows US employers to hire foreign professionals for jobs requiring specialised knowledge.
The latest proposal specifically targets employer compliance and penalties for violations.
The H-1B Visa Fraud Bill remains a proposal and has not become law.
It has been referred to the House Judiciary Committee, where the legislative process will continue.
The bill comes as US authorities are increasing scrutiny of the H-1B programme, including investigations and enforcement actions involving alleged violations.
The latest proposal adds significantly higher potential penalties to that broader enforcement focus.
