Visa Cap Enforcement Act

Key Points

• The bill changes how H-1B visas are counted against the annual numerical cap, closing several long-standing exceptions that currently let some workers avoid competing for limited visa slots.
• It requires H-1B workers to be recounted against the cap a second time once they pass three years in that status, instead of only being counted once at the start.
• It eliminates the current exemption for workers employed by colleges, universities, and nonprofit research organizations, meaning they would now compete for the same capped visa numbers as everyone else.
• If an H-1B worker changes employers, the new position would also be counted against the annual cap, making it harder to switch jobs if no cap slots remain available.
• The bill also removes a provision related to changing status to H-1B nonimmigrant classification, tightening another pathway into the program.