US Bill proposes H-1B, OPT overhaul; impacts Indian professionals
A new US bill, the 'American White-Collar Worker Jobs Act of 2026', seeks to significantly alter the H-1B visa program and eliminate the OPT program. Key proposals include ending H-1B as a pathway to permanent residency, shortening visa duration, and shifting to a wage-based selection process, with major implications for Indian professionals.
Key Highlights
- Bill aims to end H-1B as a Green Card pathway.
- OPT program for international students to be eliminated.
- H-1B visa duration potentially reduced from six to two years.
- Proposes a wage-based selection process over the current lottery system.
A significant legislative proposal in the United States, the 'American White-Collar Worker Jobs Act of 2026,' has been introduced, aiming to fundamentally reshape the H-1B visa program and eliminate the Optional Practical Training (OPT) program. Spearheaded by Republican Congressman Chip Roy, the bill seeks to prioritize American workers by introducing stricter regulations for foreign skilled labor.
The core of the bill's proposal includes ending the H-1B visa's function as a direct pathway to permanent residency (Green Card). This would be achieved by requiring H-1B applicants to demonstrate that they maintain a residence abroad and have no intention of abandoning it, effectively reversing the long-standing 'dual intent' policy. This policy has allowed H-1B visa holders to simultaneously work in the US and pursue permanent residency. The bill also proposes to shorten the maximum duration of an H-1B visa from the current six years to just two years, with no extensions for those awaiting Green Card processing. This significant reduction in visa duration could create greater uncertainty for foreign professionals and their families planning long-term careers in the US.
Furthermore, the 'American White-Collar Worker Jobs Act of 2026' seeks to abolish the Optional Practical Training (OPT) program. OPT currently allows international students to gain work experience in the US for a limited period after completing their studies. For many international students, particularly from India, OPT serves as a critical bridge to securing H-1B sponsorship and transitioning into long-term employment. Eliminating OPT would significantly disrupt this pathway and could impact the career prospects of numerous foreign graduates.
In addition to these major changes, the bill proposes to replace the current lottery-based selection system for H-1B visas with a wage-based selection process. This would mean that applicants offering higher salaries would be prioritized, aiming to ensure that companies are hiring foreign workers when they cannot find equally or better-qualified American candidates. The bill also includes provisions requiring employers to demonstrate good-faith efforts to hire American workers first and prohibiting companies that have recently conducted layoffs from hiring H-1B workers.
The implications of this bill are particularly significant for Indian professionals. India is by far the largest beneficiary of the H-1B program, with Indian nationals accounting for a substantial majority of approved applications in recent years (approximately 70-71%). The proposed changes could make it considerably harder for skilled Indian professionals to work and establish permanent residency in the US. This could also affect Indian IT firms that rely on the H-1B system for their workforce.
It is important to note that this is a proposed bill and has not yet become law. However, its introduction signals a serious intent to reform how the US hires foreign skilled workers and protect domestic jobs. The bill builds upon previous legislative efforts, such as the 'End H-1B Visa Abuse Act of 2026,' which proposed a pause on H-1B issuances followed by reforms.
Recent news also indicates that the Trump administration is considering significant fee increases for H-1B visas and OPT applications, with proposed fees potentially reaching $103,265 for H-1B petitions and substantial amounts for OPT. While these fee proposals are separate from the 'American White-Collar Worker Jobs Act of 2026,' they collectively point towards a more restrictive US immigration policy environment for foreign workers and students. Some reports suggest that Indian IT companies are already adapting by increasing local hiring in the US and reducing their dependence on H-1B visas.
The news is specific to the United States, with significant implications for India due to the large number of Indian nationals benefiting from the H-1B and OPT programs. The category of news falls under Politics and Immigration Policy.
Frequently Asked Questions
What is the 'American White-Collar Worker Jobs Act of 2026'?
It is a proposed bill in the US Congress aimed at reforming the H-1B visa program and eliminating the Optional Practical Training (OPT) program. Key proposals include ending the H-1B visa as a pathway to permanent residency, shortening visa duration, and implementing a wage-based selection system.
How will the proposed bill affect the H-1B visa?
The bill aims to end the H-1B visa's dual intent policy (allowing pursuit of permanent residency), shorten its duration from six years to two, and replace the lottery system with a wage-based selection. It also mandates employers to prioritize American workers and restricts companies with recent layoffs from hiring H-1B workers.
What is the Optional Practical Training (OPT) program, and will it be eliminated?
OPT allows international students to work in the US for a limited period after graduation. The proposed bill seeks to eliminate this program entirely, which could significantly impact foreign graduates' ability to gain work experience and transition to H-1B status.
Why is this bill particularly significant for India?
Indian nationals are the largest beneficiaries of the H-1B visa program, accounting for approximately 70-71% of approved petitions. The proposed changes could significantly curtail opportunities for skilled Indian professionals to work and obtain permanent residency in the US, impacting both individuals and Indian IT firms.