September 30, 2025
Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To discontinue certain exceptions from H–1B nonimmigrant visa numerical limitation.
Section 1. Short title
This Act may be cited as the Visa Cap Enforcement Act
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Sec. 2. Termination of certain exceptions from H–1B nonimmigrant visa numerical limitation
(a) Three-Year period
Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended by adding at the end the following: An alien who has been counted against the numerical limitation under paragraph (1)(A) shall be recounted against such numerical limitation during the fiscal year in which such alien surpasses 3 years in the nonimmigrant status described in section 101(a)(15)(H)(i)(b).
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(b) Employment by colleges and research institutions
Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by striking paragraph (5).
(c) Change of status to H–1B nonimmigrant
Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended by striking the second sentence.
(d) Change of employer
Section 214(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(n)(1)) is amended by inserting If the new position is approved, such position shall be counted against the numerical limitation under subsection (g)(1)(A).
after the new petition is adjudicated.
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