PRIA Logo™
119-s-2941119th Congress

Visa Cap Enforcement Act

Sponsored By: Senator Cotton, Tom [R-AR]

Introduced

Summary

This bill would tighten enforcement of the H-1B visa numerical cap by removing select exemptions and making more status and employer changes count against the annual limit. It adds a three-year recapture rule and revises how changes of status and employer are counted.

Show full summary
  • Workers on H-1B status: Would require an H-1B worker who surpasses 3 years in that status to be counted against the annual H-1B cap in the fiscal year they hit that mark. This creates a recapture mechanism so time already spent in H-1B status can affect cap accounting.
  • Colleges and research institutions: Would remove the statutory exemption that allowed certain hires by colleges and nonprofit research institutions to avoid the cap. Those institutions would need to use regular cap slots for affected hires.
  • Employers and hiring rules: Would strike a specific change-of-status pathway and add that approved new H-1B positions tied to an employer change must be counted against the numerical limit. Employers who refile or move employees would have those approvals charged to the cap.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

Tighter H-1B cap and counting rules

If enacted, this bill would tighten H-1B visa limits and counting rules. It would remove the H-1B cap exemption for colleges and research institutions. It would strike a sentence that let some people change status to H-1B. If enacted, approved H-1B employer changes would consume an annual cap slot. If enacted, people already counted would be counted again when they pass three years in H-1B status. Employers and affected workers would face tighter access to H-1B cap slots.

Sponsors & CoSponsors

Sponsor

Cotton, Tom [R-AR]

AR • R

Cosponsors

  • Sen. Moreno, Bernie [R-OH]

    OH • R

    Sponsored 7/16/2026

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 8/6/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation