H-1B Visa Violators Face Up to $250,000 Fine under a new US bill that proposes sharply higher penalties for certain violations of the H-1B programme, along with longer bans from participating in the programme.
The H-1B Visa Fraud Crackdown Act, introduced in the US House of Representatives on October 1, 2026, would primarily target employers and other entities responsible for specified violations.
It does not impose a blanket $250,000 fine on ordinary H-1B visa holders.
H-1B Visa Violators Face Up to $250,000 Fine
The proposed legislation, H.R. 10643, was introduced by Representative Beth Van Duyne along with five other Republican lawmakers and has been referred to the House Judiciary Committee.
The bill is not yet law and would have to pass Congress and receive presidential approval before its provisions could take effect.
For certain serious H-1B violations, the bill would increase the maximum fine from $35,000 to $250,000.
It would also increase the minimum period of employer debarment from three years to 10 years for the most serious category covered by the proposal.
Bill Targets Employers, Not All H-1B Workers
The proposed changes are particularly relevant to Indian professionals because Indian nationals make up a large share of H-1B workers in the US.
However, the legislation does not propose a general penalty simply because someone holds an H-1B visa.
Instead, the bill focuses on specified programme violations, including serious violations involving the displacement of US workers.
It also proposes higher penalties for immigration document fraud.
For willful violations in one category, the maximum penalty would rise from $5,000 to $100,000, while the minimum debarment period would increase from two years to five years.
H-1B Document Fraud Penalties Could Also Rise
The bill would also increase civil penalties for certain immigration document-fraud violations. One category currently carrying penalties of $250 to $2,000 would be raised to $1,000 to $10,000.
Another category would see the proposed penalty increase from $2,000–$5,000 to $20,000–$50,000.
These proposed changes come as the US administration continues to increase scrutiny of the H-1B programme.
A separate September presidential proclamation extended restrictions on the entry of certain H-1B workers through September 2027 and includes a $100,000 payment requirement for covered new H-1B workers outside the US, subject to specified exceptions.
What the New H-1B Bill Means for Indian Workers
For Indian H-1B professionals, the proposed legislation does not itself change the number of available visas, basic H-1B eligibility or ordinary application fees.
Its direct focus is on employers and entities that violate specified programme rules.
If enacted, the much higher penalties and longer debarment periods could increase compliance risks for companies that rely heavily on H-1B sponsorship, particularly where authorities find serious or willful violations.
H-1B Visa Violators Face Up to $250,000 Fine, but the proposed penalty would apply only in specified cases.
The bill is currently at the legislative stage, and its provisions could change before any final law is enacted.
