On June 4, 2026,
Texas Congressman Chip Roy (TX-21) introduced the American White-Collar Worker Jobs Act of 2026, legislation that 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 represent one of the most far-reaching overhauls of the U.S. employment-based immigration system in decades — with potentially devastating consequences for hundreds of thousands of foreign workers and international students currently in the United States.
Key Provisions of the Bill
The proposed legislation targets several core mechanisms of the current H-1B framework:
Severing the Green Card Pipeline:
The bill would bar companies that have recently laid off employees from hiring H-1B workers and eliminate the use of the "specialty occupation" category as a route to permanent residency.
It would also repeal provisions that currently allow H-1B holders to extend their status while awaiting green card processing, a change that could significantly limit how long workers can remain in the country.
Shortened Visa Duration:
The bill 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.
Wage and Hiring Requirements:
Employers would face stricter hiring requirements, including 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.
Labor Market Testing:
The bill would require a labor market test to determine if employers made a good-faith effort to hire local workers before hiring H-1B visa holders. This test would be conducted by the Department of Labor and USCIS.
OPT Elimination: The legislation would completely scrap the Optional Practical Training program, which currently allows international students to work in the U.S. for 12 months after graduation — or up to 36 months for STEM graduates.
Scale of Impact
The potential impact of this legislation is enormous.
As of early 2026, the estimated number of H-1B visa holders is likely between 600,000 and 800,000.
Indian nationals received 71% of all H-1B approvals in fiscal year 2024, totaling 283,397 beneficiaries.
The OPT program has also grown substantially.
294,253 students participated in OPT in 2024/25, a 21% increase from the previous academic year.
In calendar year 2024, there were 1.58 million F-1 and M-1 students and recent graduates in the United States, and 26% (418,781) of those were authorized to work via OPT.
OPT serves as a critical H-1B pipeline, as 34% of H-1B workers transition from student visas.
Eliminating OPT could also deal a serious blow to U.S. higher education.
Research suggests that OPT may be the "strategic pillar and key stabiliser of US recruitment," with 86% of international prospects considering staying in the U.S. and working after graduation.
Sponsors and Supporters
The legislation builds on Rep. Eli Crane's (R-AZ) End H-1B Visa Abuse Act of 2026, which proposes a three-year pause on H-1B visa issuances followed by comprehensive reforms.
Crane serves as an original cosponsor of Roy's bill.
Rep. Roy framed the bill in stark terms:
"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.'"
The legislation has drawn backing from several organizations that advocate for stricter immigration policies, including the Immigration Accountability Project, the Federation for American Immigration Reform (FAIR), and Citizens for Renewing America.
Supporters cite troubling employment data to bolster their case.
Tech companies laid off over 123,000 workers in 2026 alone despite the surge of STEM graduates in recent years. Nearly 40% of college freshmen are majoring in STEM fields, yet roughly 75% of STEM graduates are not employed within their relevant fields.
Political Prospects
Despite the bill's ambition, its chances of becoming law appear slim.
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. Because the bill is unlikely to attract support from moderate Republicans or Democrats, its prospects for passage remain unlikely.
Notably,
Roy is retiring from Congress and had been in the race for the post of Texas attorney general, but lost the primaries to fellow Republican Mayes Middleton.
This raises questions about whether the bill will have a legislative champion once Roy leaves office.
The legislation also potentially conflicts with President Trump's own stated position on skilled immigration.
In a November 2025 interview with Fox News, Trump said H-1B visas were needed because you "have to bring in talent." When pushed back, Trump replied: "No, you don't" have sufficient domestic talent in certain areas.
Broader Context
The bill arrives at a time of significant upheaval in U.S. immigration policy.
The Trump administration has cracked down on legal migration programs, tightening restrictions, prioritizing higher wages for H-1B applicants, and slapping a $100,000 fee on new petitions.
F-1 student visas plunged by 36% between May and August of 2025
, and
uncertainty around the OPT programme — especially STEM OPT — could have the most significant long-term impact on international student demand.
What This Means for Visa Holders and Applicants
While the bill faces significant legislative hurdles, current and prospective H-1B holders and international students should be aware of several practical considerations:
- Current H-1B holders pursuing employer-sponsored green cards should consult with immigration counsel about the potential implications for their long-term immigration strategy, even though passage remains unlikely in the near term.
- International students relying on OPT as a bridge to H-1B sponsorship should monitor developments closely, as this is not the only legislative or executive action targeting the program.
- Employers sponsoring foreign workers should be prepared for increased compliance requirements regardless of whether this specific bill advances, as the overall policy environment is trending toward stricter enforcement.
- Prospective applicants considering U.S. study or employment should factor the broader political climate into their planning.
This article is for informational purposes only and does not constitute legal advice. Individuals affected by potential immigration policy changes should consult with a qualified immigration attorney.