A new legislative proposal in the United States Congress aims to fundamentally transform the H-1B visa program, a critical pathway for skilled foreign workers, particularly those from India. The American White-Collar Worker Jobs Act of 2026, introduced by Texas Republican Congressman Chip Roy, targets reforms intended to prioritize American workers and overhaul the current visa allocation system.
Key Changes Proposed by the Bill
The bill outlines several significant alterations to the H-1B visa framework:
- Wage-Based Selection: The current random lottery system for H-1B visas would be replaced with a wage-based selection process, prioritizing higher-paid positions over lower-cost placements. This aims to ensure that H-1B workers fill high-skill, high-wage roles.
- Reduced Visa Duration: The maximum visa duration would be cut from six years to two years. Applicants would also be required to demonstrate a clear intent to return to their home country, with no provisions for extensions while awaiting Green Card processing.
- Employer Requirements: Companies would face stricter obligations to prove genuine efforts to hire American workers before seeking H-1B candidates. Furthermore, employers who have recently conducted layoffs would be barred from hiring H-1B workers.
- Elimination of Dual Intent: The bill seeks to abolish the concept of dual intent, which currently allows H-1B holders to pursue permanent residency in the US without jeopardizing their visa status. Under the new proposal, this pathway would be severed.
- Abolition of OPT Program: The Optional Practical Training (OPT) program, which allows international students to work in the US for a limited period after graduation, would be entirely eliminated. STEM degree holders currently benefit from an extended OPT period, providing a crucial bridge to H-1B sponsorship.
Disproportionate Impact on Indian Professionals
Given that approximately 70% of all H-1B visa holders are Indian nationals, the proposed changes are expected to have a particularly profound impact on this demographic. Indian professionals already face the longest Green Card backlogs, often stretching for decades.
Under the current system, H-1B holders can remain in the US while their Green Card applications are pending. The elimination of extension provisions, coupled with country-specific caps on Green Card issuances, could force many Indian workers to leave the country if their visas expire mid-process.
The abolition of OPT would also close a vital entry point for Indian students studying in the US, removing the transitional work experience window that many use to secure H-1B sponsorship.
Uncertain Legislative Future
While the bill has been introduced, its path to becoming law remains uncertain. It would require majority support in both houses of Congress before reaching the President's desk. Congressman Roy himself is reportedly leaving office, adding to the legislative ambiguity. However, the introduction of this bill signals ongoing pressure for H-1B reform, ensuring the debate surrounding the program will continue.