A new immigration reform bill introduced by Republican Congressman Chip Roy could dramatically reshape the H-1B visa program, making it harder for companies
to hire foreign workers while prioritizing American STEM professionals. Titled the American White-Collar Worker Jobs Act of 2026, the proposal seeks to eliminate several long-standing features of the H-1B system, including its use as a pathway to permanent residency and the Optional Practical Training (OPT) program used by many international students. The legislation, backed by Eli Crane, has not yet become law, but it outlines some of the most sweeping changes proposed to the H-1B program in decades. 1. H-1B No Longer a Route to a Green Card The bill would require H-1B holders to maintain a residence abroad and remove provisions that currently allow visa holders to pursue permanent residency while remaining in the United States. 2. OPT Program Would Be Eliminated The proposal seeks to end the Optional Practical Training program, which allows international students to work in the U.S. after graduation, particularly in STEM fields. 3. Lottery System Would Be Replaced Instead of the current lottery-based selection process, H-1B visas would be awarded based on salary levels, giving priority to higher-paying positions. 4. Employers Must Prove They Tried to Hire Americans First Companies would need to demonstrate good-faith recruitment efforts and show that qualified U.S. workers were unavailable before hiring a foreign worker. 5. Higher Wage Requirements Employers would be required to pay H-1B workers at least the higher of:
- The company's actual wage for similar employees, or
- The 75th percentile wage for that occupation and location.
6. Layoff Restrictions
Companies that have laid off American workers within one year of filing an H-1B application would be barred from hiring foreign workers under the program.
7. Strict Cap on Foreign Workforce
The bill would limit nonimmigrant workers to no more than 5% of a company's U.S. workforce.
8. H-1B Duration Cut to Two Years
The maximum H-1B period would be reduced from six years to two calendar years, significantly shortening the time foreign professionals can work in the U.S.
9. Country-Based Limits Introduced
No single country would be allowed to receive more than 7% of annual H-1B allocations, potentially affecting countries that currently dominate the program, including India.
10. Tougher Penalties for Employers
Companies violating H-1B rules could face fines of up to $100,000 per violation and be banned from hiring H-1B workers for up to 10 years.
Why It Matters
Supporters of the bill argue the H-1B program has been abused and contributes to wage suppression and job displacement for American workers. Critics, however, contend that stricter rules could hurt industries that rely heavily on global talent, particularly the technology sector.
The legislation faces a long path through Congress and would require approval from both chambers before becoming law. For now, the proposal signals a renewed push by some lawmakers to tighten employment-based immigration and reshape how foreign talent enters the U.S. workforce.
