Rep. Chip Roy, R-Texas, recently introduced legislation to the U.S. Congress that would reform H-1B visaone of the most common ways for skilled workers to live and work in the United States. If passed, the bill could have a significant impact on Indian nationals, as approximately 70% of Indian nationals H-1B visa The American holder is of Indian origin.
The American White Collar Workers Employment Act of 2026 is a bill aimed at reforming the H-1B visa program. It seeks to replace the current lottery system with a wage-based selection process, require employers to make a genuine effort to hire American workers first, and prohibit companies that have recently laid off workers from hiring American workers. H-1B worker.
Also read: H-1B dilemma: Visa holder gets no response after applying for more than 1,500 jobs; ‘Go back’
Additionally, the bill ends the use of H-1B visas as a means to obtain permanent residency and repeals optional practical training (choose) program to prioritize employment opportunities for U.S. professionals in STEM fields.
This legislation is an extension of Rep. Eli Crane’s (R-AZ) Ending H-1B Visa Abuse Act of 2026, which calls for a three-year moratorium on H-1B visas, followed by a series of sweeping reforms aimed at restoring the integrity and effectiveness of the program.
The H-1B visa is a U.S. visa designated for foreign skilled professionals, including engineers, software developers, and scientists.
“Throughout its nearly four-decade history, the H-1B visa has been abused, allowing employers to routinely squeeze out American STEM workers in favor of cheap foreign labor while masking layoffs and wage suppression as ‘shortages,'” Roy said in a statement.
Thousands of applications are submitted each year, often exceeding established quotas. Therefore, the recipients are selected through a lottery system.
Currently, professionals can enter the United States on H-1B visas, and their employers can sponsor them green card. Roe’s bill seeks to replace the lottery system with one based on merit and wages. Additionally, it proposes reducing the maximum visa duration from six years to two years, requiring applicants to prove their intention to return to their home country, and eliminating extension provisions currently available while waiting for a green card.
Most non-immigrant visas require you to prove your intention to return to your home country after your visit. However, the H-1B visa is an exception to this requirement. The dual intent policy allows visa holders to seek permanent residence 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 you green card.
This policy protects workers from losing their employment status simply because they are taking steps toward permanent immigration. Dual intent allows you to file an application, but you must independently qualify for a green card.
OPT provides international students with the opportunity to work in the United States for a short period of time after graduation, subject to employer sponsorship.
Graduates with qualifying STEM degrees are eligible to apply for an additional 24-month extension, giving them a total of 36 months to work and receive H-1B sponsorship. If your OPT status expires before the start date of your H-1B petition, your F-1 status and employment authorization will be automatically extended under the cap rules.
Currently, Indian professionals can stay in the United States while waiting for their green cards, a process that often takes years for Indians. If the bill becomes law, the waiting period for a green card may be extended to 10-20 years or even longer due to specific restrictions on green cards in various countries.
Indians have the worst backlog compared to any other country. Workers who are applying for green cards may be forced to leave once their visas expire. Additionally, this legislation would eliminate OPT, which is a critical link between education and H-1B visa applications for many Indian students.
The bill requires majority support in Congress to move forward and get the president’s signature. Roy is leaving office after losing the primary election for Texas Attorney General. However, the pressure surrounding H-1B visas is unlikely to dissipate in the near future.
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