On June 4, 2026, Rep. Chip Roy (R-TX) introduced what may be the most far-reaching legislative challenge to the U.S. high-skilled immigration system in decades.
The American White-Collar Worker Jobs Act of 2026 would reform the H-1B visa program by replacing the lottery system with a wage-based selection process, requiring employers to demonstrate good-faith efforts to hire American workers first, and preventing companies that have recently conducted layoffs from hiring H-1B workers.
The bill also ends the use of H-1B visas as a pathway to permanent residency and eliminates the Optional Practical Training (OPT) program to prioritize employment opportunities for American STEM professionals.
If enacted, the legislation would fundamentally reshape the legal immigration landscape for hundreds of thousands of skilled professionals and international students currently in the United States.
Key Provisions: What the Bill Would Change
The proposed legislation goes well beyond incremental reform.
The legislation would require H-1B applicants to demonstrate they maintain a residence abroad and do not intend to abandon it, reversing longstanding policy that has allowed so-called "dual intent," in which visa holders can pursue permanent residency while working in the United States.
It would also repeal provisions that currently allow H-1B holders to extend their status while awaiting green card processing, and would shorten the maximum duration of an H-1B visa from six years to two years, while prioritizing applications offering higher salaries rather than allocating visas through the existing lottery system.
On the employer side, the bill imposes stringent new requirements.
Employers would face a mandate to prove no qualified U.S. worker is available for a position and to offer wages at or above the 75th percentile for the occupation in the area. Companies would also be required to advertise positions to U.S. workers, offer jobs to equally or more qualified applicants, and certify that hiring a foreign worker would not negatively affect wages or working conditions.
Additional restrictions would bar employers from laying off U.S. workers in similar roles within a year of hiring an H-1B worker and from having more than 5 percent of their U.S. workforce made up of nonimmigrant employees.
Who Stands Behind the Bill — and Who Opposes It
Rep. Roy framed the bill as long-overdue protection for American workers, stating that "the H-1B visa has been abused, allowing employers to routinely sideline American STEM workers in favor of cheap foreign labor."
Rep. Eli Crane (R-AZ), an original cosponsor, said he was "hopeful we can build a broad coalition behind this effort."
The legislation has received endorsements from organizations including U.S. Tech Workers, the Immigration Accountability Project, and the Federation for American Immigration Reform (FAIR).
Critics of such proposals argue the H-1B program helps fill essential gaps in high-skilled industries
, and business groups have long maintained that restricting the program would undermine American competitiveness in technology, medicine, and engineering.
What This Means for Current H-1B Holders and International Students
The practical implications of this bill, were it to become law, would be enormous.
Official estimates from government agencies like USCIS and DHS suggest the total H-1B population is substantial. As of early 2026, the estimated number of H-1B visa holders is likely between 600,000 and 800,000.
For these individuals, the elimination of dual intent and the green card pathway would transform the H-1B from a potential stepping stone to permanent life in America into a strictly temporary arrangement — with a maximum stay of just two years.
Indians account for the overwhelming majority of H-1B visa recipients. If enacted, the bill would not only curtail a major pathway from study to employment through the OPT programme but also make it harder for skilled Indian professionals to transition from temporary work visas to permanent residency.
The proposed elimination of the OPT program would create an equally dramatic disruption for international students.
Amazon alone employs 6,679 STEM OPT students, followed by Google, Microsoft, and Meta. 34% of H-1B workers transition from student visas, making OPT essential for long-term U.S. employment.
OPT participation has more than doubled since 2007, reaching 418,781 students in 2024 as STEM extensions surged 54%.
Scrapping OPT would also carry significant economic consequences.
International students contributed $43.8 billion to the U.S. economy in 2023-24, supporting over 378,000 jobs.
84% of institutions reported OPT as crucial for attracting students, and most universities believe students would seek other destinations without OPT availability.
There are already warning signs of demand erosion.
F-1 visas plunged by -36% between May and August of 2025. The top market for US institutions — India — decreased much more sharply than the average: about -60%.
The Broader Landscape: Trump Administration and State Actions
This legislation arrives amid an already volatile environment for employment-based immigration.
USCIS said on May 21 that it had seen a drop in "properly submitted" applications for the 2027 allocation of the H-1B, with the number falling from 343,981 in fiscal year 2026 to 211,600 in 2027 — a 38.5 percent drop.
The Department of Labor has initiated nearly 200 investigations into potential H-1B program abuse, and employers determined to be willful violators may face random audits for up to five years and could be prohibited from receiving approval for future H-1B petitions.
At the state level, enforcement efforts are intensifying.
In Texas, Governor Greg Abbott ordered a pause on new H-1B petitions through May 31, 2027, while in Florida, Governor Ron DeSantis directed the state's Board of Governors to phase out H-1B hiring at public universities.
Although some other Republican lawmakers have also pushed efforts to eliminate the H-1B program through legislation, the Trump administration has given no indication it plans to do so.
Notably, President Trump told Fox News in November 2025 that H-1B visas were needed because "you have to bring in talent."
Legislative Prospects: Long Odds Ahead
Despite its ambition, the bill faces a difficult path forward.
The bill faces long odds in Congress. Although Republicans control the House with 217 seats to Democrats' 212, along with one independent and five vacancies, the GOP's narrow margin leaves little room for defections.
Notably, Roy is retiring from Congress
, which may limit his ability to shepherd the legislation through committees and floor votes. The bill is also unlikely to attract bipartisan support, as Democrats have generally favored maintaining or expanding pathways for high-skilled immigration.
What Visa Holders and Employers Should Do Now
While this bill is unlikely to become law in its current form, it reflects a growing legislative appetite for H-1B restrictions that immigration attorneys and employers should monitor closely. Current H-1B holders, international students on OPT, and their employers should consider the following:
- Stay informed. Track the bill's progress and any related committee hearings or markups.
- Review immigration timelines. Those with pending green card applications should consult with an immigration attorney about the potential impact of changes to dual intent and extension provisions.
- Explore alternative pathways. Visa holders concerned about future restrictions may wish to evaluate other nonimmigrant categories or accelerate pending permanent residency applications where possible.
- Employers should audit compliance. With increased DOL investigations and evolving legislative requirements, ensuring robust LCA compliance and good-faith recruiting documentation is more important than ever.