Vance Endorses Ending H-1B as Van Duyne Bill Raises Fines to $250,000
Vice President JD Vance said he would support eliminating the H-1B visa program outright, calling it "completely broken" and "grossly abused" by technology companies, accounting firms, and others replacing American workers with cheaper foreign labor. In an interview aboard Air Force Two with Jack Posobiec that aired October 1 on Human Events Daily, Vance argued that employers are using the program to undercut domestic wages rather than recruit exceptional talent.
"If you're going to bring in an accountant making $45,000 a year to replace an accountant who is an American making $60,000 a year, that's not you using the program to bring in a genius," Vance said. "That's you destroying American jobs and defrauding the American people." He added that the administration imposed a $100,000 fee on certain H-1B petitions because Congress is beholden to what he called the "cheap labor lobby." Donald Trump Jr. amplified Vance's position, writing on social media that "the only people who disagree are the open border lovers who want cheap labor."
Van Duyne Introduces H-1B Visa Fraud Crackdown Act
The same day, Rep. Beth Van Duyne (R-Texas) introduced the H-1B Visa Fraud Crackdown Act (H.R. 10643), a two-page bill that would raise maximum civil fines for serious program violations from $35,000 to $250,000 and extend the period during which offending employers can be barred from sponsoring foreign workers. Five Texas Republicans co-sponsored the measure.
"If the H-1B program was severely limited, as it was originally intended, to help U.S. companies attract the best, brightest, and most intelligent individuals in their field, then it would be a useful program," Van Duyne told Newsweek. "Unfortunately, the H-1B program has been severely degraded and is now a discriminatory barrier to American jobs going to American workers." She added: "If your business model is built on breaking American laws, you need a different business model."
The bill stops short of ending the program, instead pairing Vance's abolitionist rhetoric with an enforcement-first approach. That distinction reflects a broader split within President Trump's coalition: immigration hard-liners in the MAGA movement have pushed to restrict or kill the visa, while technology-industry figures defend it as essential for recruiting global talent.
$100K Fee Blocked by Federal Judge, Administration Appeals
The legislative push comes amid a legal back-and-forth over the administration's own H-1B tightening. A $100,000 fee imposed in 2025 on certain H-1B workers entering the U.S. was struck down by a federal judge in June, and the administration appealed. In a separate ruling, U.S. District Judge Haywood Gilliam blocked the fee, finding that the government failed to follow required procedures before implementing it. The White House has continued to defend the fee as a deterrent against cheap-labor abuse, while business groups argue it exceeds executive authority and would cripple legitimate hiring.
The Stakes: Families, Employers, and an Uncertain Workforce
For the hundreds of thousands of workers on H-1B visas and their families, the escalating rhetoric carries tangible consequences. Abhradeep Chatterjee, a 37-year-old Indian national in Minnesota, has lived in the U.S. on an H-1B for 11 years. His wife spent nearly four years on an H-4 dependent visa without work authorization while waiting for green card paperwork. "Because approvals aren't in your control, there's always a degree of uncertainty, which made it hard to fully relax," he told Business Insider. Their daughter was born in the U.S.
Employers face mounting compliance risk. The proposed fine increase to $250,000 would make even paperwork errors potentially existential for smaller firms, while the $100K fee—if reinstated—would sharply raise the cost of each foreign hire. Yet backers of the crackdown argue that the status quo has suppressed wages in specialty occupations and that enforcement has been too lax for too long.
What Comes Next: Congress, Courts, and the 2026 Election
The H-1B fight now sits at the intersection of three forces: executive action, congressional legislation, and federal litigation. Vance's call to eliminate the program has no immediate path to passage, but it signals where the administration's base wants to go. Van Duyne's bill offers a narrower, enforcement-focused alternative that could attract broader support. Meanwhile, the appeal over the $100K fee will test how far the executive branch can go without Congress.
For now, the program remains open, but the rules—and the rhetoric—are shifting fast. Companies that rely on H-1B talent are being forced to model scenarios in which fees spike, fines multiply, or the visa category narrows significantly. Workers already in the U.S. are weighing whether to stay, switch employers, or leave. And voters in the 2026 midterms will hear both parties argue over who is really protecting American jobs. What was once a niche immigration program has become a frontline proxy in the larger battle over labor, wages, and national identity.
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