5. Department of Homeland Security · Minor · Needs Congress
Improve the integrity of the temporary work visa programs
Printed page 145 5. Department of Homeland Security
“Additionally, Congress should: … Improve the integrity of the temporary work visa programs;”
What has happened
- Not started
Congress has not legislated on the integrity of the temporary work visa programs. The changes in the window are executive — the H-1B weighted selection rule, the H-1B entry proclamation, the earlier filing rule for H-2A petitions — and the reconciliation acts touch immigration fees and enforcement rather than temporary worker program integrity.
No action found yet. This entry is the starting point, not a finding.
Research log
What was searched, and what didn’t count as evidence
Research notes
A Requires-Congress ask phrased as advice.
Searched, in records current to 2026-08-28: presidential documents, final rules, proposed rules and notices in the Federal Register from DHS and its components; bills and public laws in Congress, from congress.gov; White House presidential actions; and federal court dockets (CourtListener), including the bulk snapshot of 1.2 million dockets. No enacted change to the integrity provisions of the H-1B, H-2A or H-2B programs was found; the bills touching temporary work visas in the window were introduced and referred only.
Reviewed 2026-09-11. One more executive change, and still not the legislation this Quote asks for. DHS’s proposed rule Eliminating the Discretionary 60-Day Grace Period (FR 2026-18631, 91 FR 57807, docket USCIS-2026-0364, 2026-09-11) would remove 8 CFR 214.1(l)(2). That provision gives certain nonimmigrant workers and their dependents a grace period of up to 60 days after their employment ends. The abstract says the proposal “restores a direct relationship between an alien’s nonimmigrant status and the specific employment or activity that formed the basis of his or her admission or grant of status”. That reads as an integrity measure. But it is a DHS proposal and this ask is addressed to Congress, so it stays not started, as it did for the H-1B and H-2A rules above. The text was read on 2026-09-11. The grace period is withdrawn from the E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN classifications, DHS says the change “is conducive to program integrity”, and comments close 2026-11-10.
Reviewed 2026-09-24. A third executive integrity measure, and still not the legislation this Quote asks for. Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, was signed 2026-09-18 and published 2026-09-23 (91 FR 60501, FR 2026-19555, https://www.federalregister.gov/documents/2026/09/23/2026-19555/enhancing-program-integrity-and-interagency-coordination-in-the-administration-of-the-h-1b). Its title names program integrity in a temporary work visa program directly, which is this Quote’s object, but the addressee here is Congress and an executive order is not enactment, so it stays not started for the reason the H-1B and H-2A rules above already give. The text was read at govinfo.gov on 2026-09-23 (https://www.govinfo.gov/content/pkg/FR-2026-09-23/html/2026-19555.htm). What it directs: State, Labor and DHS are to consult Commerce, Education and SBA on the compliance of H-1B petitions, labor condition applications and visas with INA 101(a)(15)(H)(i)(b), 212(n), 214(i) and 274B; to “take into account” whether a sponsor made layoffs in the past year or plans layoffs affecting similarly situated U.S. workers; and Wage and Hour is to begin, within 30 days, a review of past labor condition applications for action under 212(n)(2)(G). Section 215(a) authority is delegated for implementing rules. It asks Congress for nothing and directs no agency to seek legislation, so it is not the formal administration request that would count as attempted, and it stays not started. The proclamation of the same date extends the $100,000 entry payment and is recorded on #333.
Reviewed 2026-10-14. A fourth executive integrity measure, and still not the legislation this Quote asks for. DHS’s proposed rule Removing Deference to Prior USCIS Determinations of Eligibility (FR 2026-20941, 2026-10-14) would remove 8 CFR 214.1(c)(5). That paragraph has USCIS defer to a prior approval on the same facts when it adjudicates an extension of a petition for a worker’s employment or stay. DHS says removal would “strengthen adjudicatory review” and “better protect the interests of U.S. workers”. It reaches the H-1B, L-1 and other petition-based temporary worker classes, which is this Quote’s object, but it is a DHS proposal and the addressee is Congress, so it stays not started for the reason given above. Only the abstract was read. The same day H.R. 10799, to modernize the wage required for exempt H-1B workers, was introduced and referred to the Judiciary Committee. A bill that has only been introduced does not count as progress.
- Action
- restrict
- Object
- temporary work visa programs
- ID
- 334