Florida Congressman Proposes Sweeping H-1B Visa Elimination
In a significant legislative move, Republican Congressman Greg Steube of Florida has introduced a bill in the United States House of Representatives that aims to completely eliminate the H-1B visa program by the year 2027. The proposed legislation, formally titled the 'Ending Exploitative Imported Labour Exemptions Act' or the EXILE Act, calls for substantial amendments to the existing Immigration and Nationality Act (INA).
Legislative Details and Proposed Changes
The EXILE Act specifically targets Section 214(g)(1)(A) of the INA, which governs the numerical cap on H-1B visas. If enacted, this measure would systematically reduce the annual cap on H-1B visas to zero beginning in fiscal year 2027. This would effectively prevent most employers from filing new H-1B applications once the cap reaches its zero limit.
Currently, the H-1B program allows U.S. employers to hire foreign professionals in specialized occupations, with an annual cap of 85,000 visas. This includes 20,000 visas specifically reserved for individuals holding advanced degrees from U.S. institutions. However, non-profit organizations and universities enjoy exemptions from this cap, and their H-1B hires are not subject to the annual lottery selection process, which has recently transitioned to a wage-based weighted system.
Historical Context and Previous Legislative Efforts
This bill represents the second recent legislative attempt to dismantle the H-1B program. In early January, just before her resignation from the House, Representative Marjorie Taylor Greene introduced the 'End H-1B Now Act,' which similarly sought to eliminate the program entirely. The EXILE Act builds upon this previous effort with more specific legislative language and implementation timelines.
Impact on Major Source Countries
The H-1B program has been particularly significant for professionals from India and China. According to the latest available country-specific data, approximately 283,000 Indian nationals were approved for H-1B visas or extensions, representing about 71% of all approvals. Chinese nationals followed with 46,680 approvals, accounting for approximately 12% of beneficiaries.
Congressman Steube's office has highlighted this data, noting that more than 80% of H-1B visas are issued to nationals of India and China, with a particular emphasis on younger workers. The statement accompanying the bill cites instances where certain large U.S. corporations allegedly terminated American employees while simultaneously hiring workers on H-1B visas.
Congressman Steube's Rationale and Public Statement
In a detailed public statement, Congressman Steube articulated his concerns about the current H-1B system. "The current H-1B visa system disadvantages American workers and places foreign labor ahead of domestic talent," Steube declared. "Prioritizing foreign labor over the well-being and prosperity of American citizens undermines our values and national interests."
He further elaborated, "Our workers and young people continue to be displaced and disenfranchised by the H-1B visa program that awards corporations and foreign competitors at the expense of our workforce. We cannot preserve the American dream for our children while forfeiting their share to non-citizens. That is why I am introducing the EXILE Act to put working Americans first again."
Broader Immigration Policy Context
The introduction of the EXILE Act occurs amid broader debates and recent changes to the H-1B program. Significant modifications include the replacement of the random lottery process with a wage-based weighted selection system for upcoming H-1B cap registrations. Additionally, a new $100,000 fee now applies to new H-1B petitions for cases not transitioning from within the United States, substantially increasing costs for employers seeking to sponsor H-1B employees.
Uncertainties and Exemptions
Immigration attorneys have noted uncertainties regarding whether Steube's bill would also terminate hiring in the non-cap category that currently exempts non-profit organizations and universities. The legislative text does not provide clear guidance on this aspect, leaving questions about potential impacts on academic and research institutions that have traditionally relied on H-1B visas for specialized international talent.
The H-1B program has been extensively utilized across multiple sectors including technology, healthcare, engineering, and scientific research. Its potential elimination would represent one of the most significant changes to U.S. immigration policy in recent decades, with far-reaching implications for both American employers and international professionals seeking opportunities in the United States.
