- Rep. Beth Van Duyne introduced the H–1B Visa Fraud Crackdown Act on October 1, 2026; it was referred to House Judiciary.
- The bill proposes fines up to $250,000 for more serious H-1B violations and longer debarment periods.
- The proposal does not change H-1B eligibility, visa caps, wages, transfers, or H-4 EAD rules.
Rep. Beth Van Duyne introduced H.R. 10643 on October 1, 2026, proposing steeper penalties for certain H-1B program violations and immigration document fraud. The House referred the measure to the Judiciary Committee that day.
The bill, titled the H–1B Visa Fraud Crackdown Act, names Van Duyne, a Texas Republican, as its sponsor. Brandon Gill, Pete Sessions, Keith Self, Brian Babin and Pat Fallon joined as cosponsors.
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Van Duyne said current penalties are “a slap on the wrist.” She called for fines of $100,000, rising to $250,000 when companies are “laying off American workers.”
She also said, “Hopefully, we'll make them think twice about doing this,” describing the bill’s intended deterrent effect.
| India | China | ROW | |
|---|---|---|---|
| EB-1 | Feb 01, 2023 ▲109d | Jul 01, 2023 | Current |
| EB-2 | Nov 01, 2013 | Oct 01, 2021 ▲30d | Jan 01, 2025 |
| EB-3 | Jan 01, 2014 | Jan 08, 2022 ▲7d | May 15, 2024 ▼109d |
| F-1 | Jan 22, 2020 | Jan 22, 2020 | Jan 22, 2020 |
| F-2A | Sep 22, 2026 ▲31d | Sep 22, 2026 ▲31d | Sep 22, 2026 ▲31d |
Van Duyne has pointed to a Dallas office building linked to more than 500 approved H-1B visas. She described it as “Basically, it was a front,” amid fraud concerns raised by Labor Department officials and an inspector general.
The proposal raises fines and lengthens debarment periods
The bill sets out higher penalties across several categories. The exact increase depends on the type of violation.
| Penalty category | Current amount or period | Proposed amount or period |
|---|---|---|
| One H-1B violation fine | $5,000 | $100,000 |
| More serious H-1B violation fine | $35,000 | $250,000 |
| Minimum debarment period, one category | At least 2 years | At least 5 years |
| Minimum debarment period, more serious category | At least 3 years | At least 10 years |
| Document-fraud fine, one bracket | $250 to $2,000 | $1,000 to $10,000 per violation |
| Document-fraud fine, another bracket | $2,000 to $5,000 | $20,000 to $50,000 |
The longest proposed debarment applies to a category involving U.S. worker displacement or willful violations. The document-fraud amounts vary by violation type.
The bill states its purpose as: “To increase penalties for certain violations of the H–1B nonimmigrant visa program, and for other purposes.” Its provisions target enforcement penalties, rather than changing who can qualify for an H-1B visa.
H-1B eligibility and program mechanics remain unchanged
H.R. 10643 would not change H-1B cap numbers, wages, specialty-occupation rules, transfer procedures or H-4 EAD eligibility. It addresses penalties, not those program rules.
That separates the proposal from changes to visa availability or application procedures. The stated focus is enforcement against certain violations and document fraud.
Federal officials have also flagged alleged employer fraud
The proposal arrives amid broader federal scrutiny of H-1B employers. Labor Department Inspector General Anthony P. D’Esposito has warned about alleged fraud and sham operations in H-1B and PERM cases.
The White House has said government probes found “widespread fraud and noncompliance” among some H-1B employers. It cited alleged displacement of American workers, job descriptions misrepresented to lower wage requirements, and questionable foreign degrees from diploma mills.
Vice President JD Vance has also criticized the program. He said: “My view is the H-1B program is completely broken. And I'd be very supportive of just eliminating it. But while we have it, what we have to do is protect American workers.”
H.R. 10643 has not become law. It remains referred to the House Committee on the Judiciary.
