Proposed Bill to Eliminate the H-1B Program: What It Means for Employers and Foreign Professionals

Recent developments in Congress have brought renewed attention—and uncertainty—to the H-1B visa program, one of the most widely used employment-based visas in the United States. A bill introduced by a member of Congress seeks to eliminate the H-1B program entirely, reigniting a long-standing debate about the role of foreign professionals in the U.S. workforce.

While the proposal has generated headlines, it is important to understand what has actually happened, what it could mean in practice, and what employers and workers should do now.

Understanding the H-1B Program

The H-1B visa allows U.S. employers to temporarily hire foreign professionals in specialty occupations—roles that typically require at least a bachelor’s degree or specialized expertise. The program is commonly used in fields such as technology, engineering, healthcare, research, finance, and higher education.

Each year, Congress authorizes 85,000 new H-1B visas, including a set aside for graduates of U.S. master’s programs. Demand consistently exceeds supply, resulting in an annual lottery.

For many employers, the H-1B program is not a shortcut—it is often the only viable way to retain highly trained professionals who are already contributing to their organizations.

What the Proposed Legislation Seeks to Do

The newly introduced bill would go further than recent regulatory changes by proposing to end the H-1B program altogether. Supporters of the bill argue that the program disadvantages U.S. workers and has been misused by some employers. Critics, including business groups, universities, and state governments, warn that eliminating the program could significantly impact innovation, competitiveness, and critical industries.

At this stage, the bill has been referred to congressional committees, which is an early step in the legislative process. Many proposed bills never advance beyond this phase.

H-1B Is Already Facing Major Changes

Even without a full repeal, the H-1B program is undergoing substantial transformation:

• Significant fee increases for H-1B petitions have been approved and are being challenged in court.

• Expanded screening requirements, including increased vetting of applicants

• Planned changes to the H-1B lottery system, which would prioritize higher-paid roles starting in future years.

These changes reflect a broader trend toward restricting and reshaping, rather than expanding, the program.

What This Means for Employers

For U.S. employers, the uncertainty underscores the importance of long-term workforce planning. Companies that rely on foreign talent should consider:

• Early preparation for H-1B filings.

• Exploring alternative visa options where appropriate.

• Developing permanent residence strategies (such as EB-2 or EB-3 sponsorship) sooner rather than later.

• Staying compliant amid evolving rules and enforcement priorities.

What This Means for Foreign Professionals

For foreign nationals working in or aspiring to work in the U.S., these developments can be unsettling. While the H-1B program remains in place for now, professionals should:

• Stay informed but avoid panic.

• Consider backup immigration pathways, including employment-based green cards, national interest waivers, or other nonimmigrant visa options.

• Seek legal guidance before making career or travel decisions.

Looking Ahead

The proposed bill highlights the ongoing political tension surrounding employment-based immigration. While sweeping changes make headlines, U.S. immigration law typically evolves through incremental regulations, litigation, and agency policy changes, rather than sudden elimination of major programs.

For now, the H-1B program continues to operate—but the landscape is clearly shifting.

How We Can Help

At Geofrey M. Law, we help employers and foreign professionals navigate uncertainty with clarity and strategy. Whether you are preparing for an H-1B filing, evaluating alternative visa options, or planning for permanent residence, proactive legal guidance is more important than ever.

If you have questions about how these developments may affect you or your organization, we encourage you to seek individualized advice rather than relying on headlines alone.