VFA Proposal for H-1B Integrity Review and Worker Protection

The vision

This VFA proposal would place H-1B integrity policy on a firm constitutional foundation. Article I, Section 8, Clause 4 gives Congress power to establish uniform rules of naturalization, which includes authority to set conditions for admission of foreign workers. Article I, Section 8, Clause 3 supports uniform national rules for foreign commerce and labor admission. The proposal would use those powers by having Congress define eligibility, attestation, and review standards, rather than leaving major entry limits and enforcement priorities to executive discretion alone.

The problem both records address is abuse of the H-1B temporary worker system at the expense of American workers. One record extends entry restrictions on certain H-1B nonimmigrant workers while agencies pursue wage and selection reforms. The other directs coordinated review of petitions, labor condition applications, and visas, including attention to layoffs affecting similarly situated United States workers. This VFA proposal would combine those tools into one accountable framework: clear statutory criteria, interagency wage and employment checks, written findings, and protection against displacement and wage suppression.

Principled conservatives would gain rule-of-law limits, a sunset, and fraud control: no open-ended authority, no unguided fees or penalties, and public reporting on enforcement. Good-faith progressives would gain worker protection and fairness: stronger wage alignment, scrutiny of layoff-linked hiring, and attention to credentials, working conditions, and opportunity for recent graduates. The strongest objection is that tougher review could delay needed hires or burden compliant employers. The answer is narrow targeting, transparent criteria, rebuttal rights, and independent evaluation before any renewal.