US Lawmaker Introduces Bill to End H-1B Green Card Pathway and Eliminate OPT Program
In a significant move targeting skilled immigration, US Representative Chip Roy has introduced a sweeping legislative proposal aimed at overhauling the H-1B hiring framework.
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Titled the “American White-Collar Worker Jobs Act of 2026,” the bill seeks to dismantle core components of the current high-skilled immigration pipeline to prioritize employment for domestic science, technology, engineering, and mathematics (STEM) professionals.
The proposed legislation builds upon previous restrictionist efforts, notably the End H-1B Visa Abuse Act of 2026 introduced by Representative Eli Crane, which advocated for a temporary three-year pause on all H-1B visa issuances.
Key Provisions of the American White-Collar Worker Jobs Act
The text of the bill proposes structural modifications to the Immigration and Nationality Act. The most critical changes include:
1. Ending Dual Intent and Green Card Pipelines
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The Change: The bill reinstates a strict foreign residence requirement for H-1B applicants.
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The Impact: It effectively ends the “dual intent” status that allows H-1B holders to simultaneously maintain nonimmigrant status while pursuing lawful permanent residency (a Green Card). It also repeals sections of the American Competitiveness in the Twenty-first Century Act of 2000 that allow for indefinite H-1B extensions during lengthy green card backlogs.
2. Elimination of the OPT Program
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The Change: The bill explicitly reserves the power to authorize alien employment to Congress, cutting down executive-branch programs.
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The Impact: This moves to terminate the Optional Practical Training (OPT) program, ending the post-graduation work authorization pipeline utilized by international students at US universities.
3. Shorter Visa Durations
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The Change: The total allowable duration of an H-1B visa is slashed from the current six years down to two calendar years.
4. Replacing the Lottery with a Wage-Based System
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The Change: The current random lottery system would be eliminated. Instead, remaining capped visas would be allocated with strict priority given to petitions offering the highest salaries.
Strict New Requirements for Employers
Should the legislation pass, employers face highly restrictive labor certification rules designed to make foreign hiring a difficult last resort:
| Requirement Category | Proposed Statutory Mandate |
| Wage Floor | Employers must pay the higher of the actual internal wage or the 75th percentile of the local market wage (up from current lower prevailing wage tiers). |
| H-1B Cap Per Firm | A firm’s total workforce in the United States cannot consist of more than 5% nonimmigrant workers. |
| Layoff Protections | Employers are banned from hiring an H-1B worker if they have conducted layoffs in the same employment classification within one year. |
| Market Constraints | The Secretary of Labor is barred from approving labor applications for any occupation where the local unemployment rate exceeds 2%. |
| Direct Recruitment | Jobs must be pre-advertised on a dedicated government website, and employers must hire any equally or better-qualified American citizen who applies. |
Heavy Enforcement and Private Lawsuit Rights
The bill provides federal agencies with expanded enforcement powers and introduces direct legal liabilities for corporations:
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Financial Sanctions: The Department of Labor would gain the authority to fine violating employers up to $100,000 per violation and impose employment bans of up to 10 years.
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Private Right of Action: The bill explicitly grants displaced American workers a cause of action to file tort lawsuits in US Federal Courts against employers who displace them using foreign labor.
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