What Does The New H-1B Reform Bill Propose?
A Republican lawmaker in the United States has introduced a new bill that could significantly reshape the H-1B visa programme and make it harder for foreign professionals to obtain permanent residency through employment based immigration.
Congressman Chip Roy of Texas introduced the American White-Collar Worker Jobs Act in the US Congress on Thursday. The proposed legislation seeks to overhaul several aspects of the H-1B visa system, including ending its use as a pathway to a US green card and eliminating the Optional Practical Training (OPT) programme used by international students after graduation.
The bill is part of a broader push by some lawmakers to prioritize American workers and reduce the reliance of US employers on foreign skilled talent.
Why Does The Bill Target The H-1B Programme?
According to Roy, the H-1B programme has been misused for decades by employers who allegedly hire foreign workers at lower costs instead of recruiting American professionals.
“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,” Roy said while introducing the legislation.
He argued that the current lottery based allocation system should be replaced with a model that rewards higher paying jobs and stronger merit based criteria.
The bill has received backing from organizations including US Tech Workers, the Immigration Accountability Project, and the Federation for American Immigration Reform.
How Would The Bill Affect Green Card Aspirants?
One of the most significant changes proposed in the legislation is the removal of the “dual intent” provision currently available under the H-1B programme.
Under existing rules, H-1B visa holders can legally work in the United States while simultaneously pursuing permanent residency through the green card process.
The proposed legislation would require applicants to demonstrate that they maintain a residence outside the United States and do not intend to abandon it. This effectively removes the H-1B visa’s role as a stepping stone toward permanent residency.
The bill would also repeal provisions that currently allow H-1B holders to extend their visas while waiting for green card applications to be processed.
What Other Changes Are Being Proposed?
The legislation introduces several additional reforms that could dramatically alter the programme.
The maximum duration of an H-1B visa would be reduced from six years to just two years. The current lottery-based allocation mechanism would also be replaced with a wage-prioritization system that favors applicants offered higher salaries.
In addition, the bill seeks to eliminate the Optional Practical Training (OPT) programme, which allows foreign students graduating from US universities to work in the country for a limited period after completing their studies.
The proposal comes amid broader immigration policy changes under the Trump administration, which has tightened scrutiny of legal immigration pathways, increased wage-based prioritization for H-1B applications, and introduced a $100,000 fee on new H-1B petitions.
What Could This Mean For Indian Professionals?
India is the largest beneficiary of the H-1B visa programme, accounting for a substantial majority of approvals issued each year. Any changes to H-1B rules or green card pathways could therefore have a significant impact on Indian technology professionals, engineers, healthcare workers, and students planning careers in the United States.
Industry observers note, however, that the legislation is currently only a proposed bill and would still need to pass both chambers of Congress before becoming law.
Given the complexity and political sensitivity surrounding US immigration reform, the proposal is expected to face significant debate before any potential implementation.