Texas Republican Congressman Chip Roy has recently proposed draft legislation in the US Congress aimed at reforming the H-1B visa, which is one of the most commonly utilized pathways for skilled workers to reside and work in the United States. If enacted, this bill could have a significant impact on Indian nationals, as approximately 70% of H-1B visa holders in the US are of Indian origin.
What is American White-Collar Worker Jobs Act of 2026?
The American White-Collar Worker Jobs Act of 2026 is a bill, which aim at reforming the H-1B visa program. It seeks to replace the current lottery system with a wage-based selection process, mandates that employers make genuine efforts to hire American workers first, and prohibits companies that have recently laid off employees from hiring H-1B workers.
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Additionally, the bill terminates the use of H-1B visas as a means to achieve permanent residency and abolishes the Optional Practical Training (OPT) program, thereby prioritizing job opportunities for American professionals in STEM fields.
This legislation is an extension of Rep. Eli Crane’s (R-AZ) End H-1B Visa Abuse Act of 2026, which calls for a three-year suspension of H-1B visa issuances, followed by a series of comprehensive reforms intended to restore the program’s integrity and effectiveness.
What is the H-1B visa and who utilizes it?
The H-1B visa is a US visa designated for skilled foreign professionals, including engineers, software developers, and scientists.
“For its nearly forty-year history, the H-1B visa has been abused, allowing employers to routinely sideline American STEM workers in favour of cheap foreign labour, while masking layoffs and wage suppression as ‘shortages’,” Roy said in a statement.
Each year, thousands of applications are submitted, frequently surpassing the established quota. As a result, recipients are chosen through a lottery system.
What modifications does the bill propose?
Currently, a professional can enter the United States on an H-1B visa, with their employer able to sponsor them for a Green Card. Roy’s bill aims to replace the lottery system with a merit-and-wage-based approach. Additionally, it proposes to shorten the maximum duration of the visa from six years to two years, necessitating that applicants demonstrate their intention to return to their home country, and eliminating the extension provisions that are currently available while awaiting a Green Card.
H-1B visa: What does ‘dual intent’ mean?
Most non-immigrant visas necessitate that you demonstrate your intention to return to your home country following your visit. However, the H-1B visa is an exception to this requirement. The dual intent policy allows visa holders to seek permanent residency while employed in the United States.
With an H-1B visa, you can travel abroad without the risk of your visa being revoked at the border. Additionally, your legal status remains intact even if your employer files for your Green Card.
This policy safeguards workers from losing their employment status merely because they are taking steps towards permanent immigration. Dual intent allows you to submit an application, but you must independently meet the qualifications for the Green Card.
What is OPT and how it helps international students?
OPT provides international students the opportunity to work in the United States for a limited duration following graduation, contingent upon obtaining employer sponsorship.
Graduates holding qualifying STEM degrees are eligible to apply for an additional 24-month extension, allowing them a total of 36 months to work and obtain H-1B sponsorship. Should your OPT status lapse prior to the commencement date of your H-1B petition, your F-1 status and employment authorization will be automatically extended under the cap-gap rule.
American White-Collar Worker Jobs: Will the bill affect Indians?
At present, an Indian professional can remain in the United States while awaiting a Green Card, a process that frequently spans many years for individuals from India. Should the bill be enacted into law, the waiting period for a Green Card could extend to 10-20 years or even longer due to country-specific limitations on Green Cards.
Indians experience the most significant backlogs compared to any other nationality. A worker whose Green Card application is in process may be compelled to depart once their visa expires. Furthermore, this legislation would eliminate OPT, which serves as a crucial link between education and the application for an H-1B visa for numerous Indian students.
American White-Collar Worker Jobs: Will this bill become law?
The bill requires majority support in Congress to advance and receive the President’s signature. Roy is departing from office after losing a primary for Texas attorney general. However, the pressure surrounding the H-1B visa is unlikely to dissipate in the near future.
