US Bill Proposes Higher Fines for H-1B Visa Violations

The H-1B Visa Fraud Crackdown Act (H.R. 10643) was introduced in the US House of Representatives on 1 October 2026. The proposal would raise fines and lengthen exclusion periods for employers found responsible for specified H-1B visa violations. It has been referred to the House Judiciary Committee and has not become law.

H-1B visa programme

The H-1B is a temporary non-immigrant visa classification under the Immigration and Nationality Act. It allows US employers to employ foreign nationals in specialty occupations that generally require specialised knowledge and at least a bachelor’s degree or its equivalent. The regular annual statutory cap is 65,000 visas, with a separate 20,000 exemption for eligible beneficiaries with a US master’s degree or higher. Certain employers, including qualifying institutions of higher education, are exempt from the cap.

Penalties proposed by H.R. 10643

• For serious H-1B violations, including the wilful displacement of US workers, the proposed maximum fine would rise from 35,000 to 250,000.
• The minimum period during which a violator could be barred from participating in immigration programmes would increase from three years to 10 years for serious violations.
• For another category of wilful H-1B violations, the proposed fine would rise from 5,000 to 100,000, while the minimum bar would increase from two years to five years.
• One existing document-fraud fine range of 250–2,000 would become 1,000–10,000, and another range of 2,000–5,000 would become 20,000–50,000.

Bill sponsors and legislative process

Texas Republican Representative Beth Van Duyne introduced the bill. Its five Republican co-sponsors from Texas are Brandon Gill, Pete Sessions, Keith Self, Brian Babin and Pat Fallon. The House Judiciary Committee is the committee to which the bill has been referred. Before the proposed penalties could take effect, the bill would need to pass both the House of Representatives and the Senate and receive the President’s signature.

Important Facts for Exams

• The H-1B visa is a non-immigrant classification for employment in specialty occupations.
• The regular annual H-1B statutory cap is 65,000, apart from the separate US advanced-degree exemption.
• H.R. 10643 is the bill number of the H-1B Visa Fraud Crackdown Act.
• A bill passed by both chambers of the US Congress generally requires presidential approval to become law.