US Lawmaker Seeks to End H-1B Visa Green Card Pathway

A significant legislative proposal has been introduced in the U.S. House of Representatives that could fundamentally alter the H-1B visa program and its role in the U.S. immigration system. Titled the 'American White-Collar Worker Jobs Act of 2026,' the bill, introduced by Republican Congressman Chip Roy of Texas, aims to dismantle the long-standing pathway for H-1B visa holders to obtain permanent residency, commonly known as a green card. [3, 4, 5, 6, 7] The legislation also seeks to eliminate the Optional Practical Training (OPT) program, which provides international students with temporary work authorization in the U.S. after graduation. [4, 5, 6, 7, 14, 18] At the core of the proposed bill is the elimination of the 'dual intent' provision for H-1B visas. This provision has historically allowed foreign workers to hold a non-immigrant visa while simultaneously pursuing permanent residency. [3, 5, 6, 7] Congressman Roy has stated that the H-1B visa program has been abused for decades, allowing employers to sideline American STEM workers in favor of cheaper foreign labor, thereby masking layoffs and wage suppression. He advocates for a system that prioritizes merit, enforces meaningful wage standards, and places American white-collar workers first. [3, 4] The bill proposes to replace the current lottery system for H-1B visas with a wage-based selection process, prioritizing applicants who command higher salaries. [4, 5, 14, 18] Additionally, employers would need to demonstrate good-faith efforts to hire American workers first and would be prohibited from laying off U.S. workers in similar job classifications within a year of filing an H-1B application. [3, 4, 13] The bill also introduces stricter requirements for employers, including a mandate to pay H-1B workers either the actual wage paid to similarly qualified employees or a wage determined by the Department of Labor at the 75th percentile for that occupation and location, whichever is higher. [3] Employers would also be required to certify the unavailability of qualified U.S. workers and advertise positions on a government-run platform before sponsoring a foreign worker. [3] The maximum duration of an H-1B visa would be reduced from six years to two years under the proposed legislation. [3, 5, 7, 14, 18] These proposed changes carry significant implications for Indian professionals and students in the United States, as India is by far the largest beneficiary of the H-1B program, accounting for the overwhelming majority of approved applications in recent years. [3, 7] The elimination of the H-1B to green card pathway and the potential end of the OPT program could create substantial uncertainty and challenges for hundreds of thousands of Indians working and studying in the U.S., as well as for Indian IT firms that rely on the H-1B system. [7, 14] The bill also builds upon previous reform efforts, such as the 'End H-1B Visa Abuse Act of 2026' introduced by Republican Eli Crane, which proposed a three-year pause on H-1B visa issuances. [4, 13] It is important to note that this bill is in its early stages and faces a long legislative process before it could potentially become law. [14] However, its introduction reflects a growing sentiment in some U.S. political circles to reform or restrict the H-1B visa program, aligning with broader trends of tighter immigration policies. [12, 17, 19, 20] The proposed legislation is seen by its proponents as a measure to protect American workers and prioritize their job opportunities, while critics express concerns about its potential impact on the U.S. technology industry, which heavily relies on skilled foreign talent. [14] This legislative push comes at a time when other immigration-related changes are also being implemented or considered in the U.S. For instance, recent policy memos have focused on stricter green card application processes, potentially requiring applicants to return to their home countries for processing, which could disproportionately affect Indian nationals due to existing backlogs. [15, 16] The political climate surrounding H-1B visas has been dynamic, with previous administrations also introducing measures to reform or restrict the program. [10, 12, 20] The 'American White-Collar Worker Jobs Act of 2026' represents a significant attempt to reshape the U.S. approach to high-skilled immigration, with substantial potential ramifications for the Indian diaspora and the broader technology sector. The bill's progress through Congress will be closely watched by various stakeholders. [3, 4, 5, 6, 7, 13, 14, 18]

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