H-1B visa violators face up to $250,000 fine under new US bill

The Trump administration has stepped up its scrutiny of legal immigration programmes, with the H-1B visa system emerging as a key focus of its enforcement agenda. The administration has signalled plans for tougher action against alleged misuse of the programme, including closer examination of employers and foreign-worker hiring practices.

A new bill introduced in the US House of Representatives proposes raising the maximum fine for certain H-1B visa violations to $250,000 and extending the ban on violators from taking part in immigration programmes to 10 years.

The H-1B Visa Fraud Crackdown Act was introduced on October 1 by Representative Beth Van Duyne of Texas. Representatives Gill, Sessions, Self, Babin and Fallon have joined the bill as co-sponsors.


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The proposal seeks to amend the Immigration and Nationality Act to increase penalties for serious violations of the H-1B nonimmigrant visa programme. It has been referred to the House Judiciary Committee.

The bill has not become law. It must clear the House and Senate before it can take effect.

Proposed H-1B penalties

Under the bill, the maximum fine for one category of serious H-1B violations would increase from $35,000 to $250,000.

The proposed legislation would also extend the period for which a violator could be barred from participating in immigration programmes. The current period of at least three years would increase to at least 10 years.

For another category of H-1B violations, the bill proposes increasing the fine from $5,000 to $100,000.

The minimum period of exclusion from immigration programmes for this category would increase from at least two years to at least five years.

The bill does not provide details of any specific company, employer or ongoing investigation. It proposes changes to the existing penalty provisions under US immigration law.

Higher penalties for document fraud

The proposed law also seeks to increase penalties for document fraud related to immigration matters.

For one category of document fraud, the bill would raise the fine from between $250 and $2,000 to between $1,000 and $10,000.

For a more serious category, the proposed penalty would rise from between $2,000 and $5,000 to between $20,000 and $50,000.

The bill would make these changes by amending Section 274C of the Immigration and Nationality Act.

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What happens next

The bill has been introduced in the House of Representatives and referred to the House Judiciary Committee for consideration.

If lawmakers approve it, the proposal would still need to pass the Senate and receive the president’s approval before becoming law. Until then, the existing penalties for H-1B violations and immigration-related document fraud will remain in place.

The bill’s stated purpose is to increase penalties for certain violations of the H-1B nonimmigrant visa programme. It would amend the existing provisions of the Immigration and Nationality Act dealing with H-1B violations and immigration-related document fraud. The proposal does not name any company or refer to a specific investigation.