US Representative Chip Roy, a Republican from Texas, has introduced a legislative proposal known as the American White-Collar Worker Jobs Act of 2026, aiming to significantly reform the H-1B visa program. The bill seeks to eliminate the use of H-1B visas as a route to permanent residency, commonly referred to as a Green Card, and would also terminate the Optional Practical Training (OPT) program. These changes are designed to prioritize employment opportunities for American STEM professionals.
Key Provisions of the Bill
The proposed legislation would replace the current lottery system for H-1B visa allocation with a wage-based selection process. Employers would be required to demonstrate good-faith efforts to hire American workers before turning to foreign labor. Additionally, companies that have conducted layoffs within a certain period would be barred from hiring H-1B workers.
According to an official release from Roy's office, the bill aims to address long-standing abuses in the H-1B program. Roy stated, "For its nearly forty-year history, the H-1B visa has been abused, allowing employers to routinely sideline American STEM workers in favor of cheap foreign labor, while masking layoffs and wage suppression as 'shortages.' It's time to end this lottery-based pipeline and replace it with a system that prioritizes merit, enforces real wage standards, and puts American white-collar workers first."
Building on Previous Efforts
The American White-Collar Worker Jobs Act builds on earlier legislation introduced by Representative Eli Crane, also a Republican, called the End H-1B Visa Abuse Act of 2026. Crane's bill proposes a three-year pause on H-1B visa issuances, followed by comprehensive reforms to restore the program's integrity. Crane expressed support for Roy's bill, saying, "An H-1B program overrun with abuse betrays the interests of hardworking Americans by allowing businesses to replace qualified employees with cheaper foreign labor. Congress should be doing everything in our power to prioritize our own citizens rather than facilitating their displacement. Rep. Roy's American White-Collar Worker Jobs Act delivers significant reforms that protect future generations instead of padding bottom lines at their expense."
Detailed Reforms in the Act
The bill includes several specific reforms aimed at tightening H-1B regulations:
- Wage Requirements: Employers must pay H-1B workers at least the higher of the actual wage paid to similar employees or the 75th percentile of wages for the occupation and location.
- Labor Condition Application: Employers must certify that they have attempted to recruit US workers, have not displaced US workers, and have not laid off US employees in the same job classification within one year.
- Cap on H-1B Visas: The annual cap would remain at 65,000, but visas would be allocated based on salary levels, with higher salaries receiving priority.
- Duration of Stay: The maximum stay for H-1B workers would be reduced from six years to two years.
- Country Cap: No single country would be allowed to exceed 7% of the total H-1B visas issued annually.
- Enforcement: The Secretary of Labor would have authority to investigate violations, impose fines up to $100,000 per violation, and ban employers from the program for up to 10 years. US workers displaced by H-1B workers would have the right to sue in federal court.
Elimination of OPT and Green Card Pathway
The bill would repeal the Optional Practical Training program, which allows foreign students to work in the US after graduation. It also removes provisions that allow H-1B holders to adjust their status to permanent residency, effectively ending the visa's use as a stepping stone to a Green Card.
The legislation asserts Congress's constitutional authority over immigration and mandates that all nonimmigrant classifications require the alien to maintain a residence abroad. The bill has been referred to the House Judiciary Committee for further consideration.
