H-1B overhaul bill 2026: Wage-based picks, OPT axed, 2-year cap

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H-1B overhaul bill 2026: Wage-based picks, OPT axed, 2-year cap

Synopsis

A Republican bill introduced in Washington this week could upend the H-1B programme as it exists — scrapping the lottery, cutting visa duration to two years, eliminating OPT, and closing the green card route. For Indian professionals, who form the largest single bloc of H-1B holders, the combined impact of these changes would be the most consequential legislative threat to their US career pathways in decades.

Key Takeaways

Representative Chip Roy of Texas introduced the American White-Collar Worker Jobs Act of 2026 this week in Washington .
The bill replaces the H-1B lottery with a wage-based selection process , keeping the annual cap at 65,000 visas.
H-1B duration would be cut from six years to two calendar years , with a 7% per-country limit on allocations.
The Optional Practical Training (OPT) programme would be eliminated, removing a key post-study work route for foreign graduates.
The bill also ends H-1B as a pathway to permanent residency and bars companies with recent layoffs from sponsoring new H-1B workers.
Immigration-restriction groups including US Tech Workers , the Immigration Accountability Project , and the Federation for American Immigration Reform have endorsed the proposal.

Republican Representative Chip Roy of Texas has introduced the American White-Collar Worker Jobs Act of 2026, a sweeping legislative proposal that would fundamentally restructure the H-1B visa programme — a move with far-reaching consequences for tens of thousands of skilled foreign professionals, particularly the large cohort of Indian nationals who rely on the visa to work in the United States. The bill was unveiled this week in Washington, adding fresh legislative pressure to an already contentious immigration debate.

Key Provisions of the Bill

The most significant structural change proposed is the replacement of the current H-1B lottery system with a wage-based selection process, under which petitions tied to higher salaries would receive priority. The annual visa cap would remain at 65,000, but distribution would no longer be random. Additionally, the bill would cut the maximum duration of H-1B status from six years to two calendar years and impose a seven per cent per-country limit on annual allocations — a provision that would disproportionately affect applicants from India and China, which historically dominate H-1B filings.

The legislation would also require employers to certify that no qualified American workers are available for a given position, advertise roles domestically, and offer jobs to equally or better qualified US workers before turning to foreign hires. Companies that have conducted recent layoffs would be barred from sponsoring new H-1B workers.

End of OPT and Green Card Pathway

Beyond the H-1B framework itself, the bill proposes eliminating the Optional Practical Training (OPT) programme, which currently allows foreign graduates of US universities to remain and work in the country after completing their studies. The proposal would also end the use of H-1B visas as a pathway to permanent residency — a route that thousands of Indian professionals have pursued over decades, often waiting years in the green card backlog.

What Roy and Crane Said

Representative Roy framed the bill as a corrective to what he described as decades of systemic abuse. '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.' It's time to end this lottery-based pipeline and replace it with a system that prioritises merit, enforces real wage standards, and puts American white-collar workers first,' Roy said.

The bill builds on a separate proposal by Representative Eli Crane of Arizona, who has called for a three-year pause on all H-1B issuances followed by broader reform. Crane said: 'An H-1B program overrun with abuse betrays the interests of hardworking Americans by allowing businesses to replace qualified employees with cheaper foreign labour. Congress should be doing everything in our power to prioritise our own citizens rather than facilitating their displacement.'

Industry and Advocacy Reactions

Several immigration-restriction organisations endorsed the proposal. Kevin Lynn, President of US Tech Workers, said the bill would address 'many of the egregious aspects of the H-1B visa program.' Grant Newman of the Immigration Accountability Project said it would convert the programme 'from a cheap labour pipeline into a functioning guestworker program for the truly skilled.' The Federation for American Immigration Reform also backed the legislation, stating it would 'tighten H-1B requirements, prioritise higher-paying positions, and empower American workers to hold corporations accountable.'

Technology companies, consulting firms, healthcare providers, and research institutions — the primary users of H-1B visas — have not yet issued formal responses to the specific bill. Notably, this comes amid broader Republican-led scrutiny of legal immigration pathways, even as some factions within the party have previously defended the H-1B programme as essential to US competitiveness.

What Happens Next

The bill must clear committee review and secure majority support in both chambers before it can become law — a path that remains uncertain given divided opinion on H-1B reform even within the Republican Party. Indian professionals and advocacy groups are expected to closely monitor its progress, as the combined effect of a two-year visa cap, OPT elimination, and the per-country ceiling would significantly narrow legal pathways for Indian talent seeking long-term careers in the US.

Point of View

The green card pathway, and visa duration suggests it is designed as a comprehensive dismantling rather than a tweak. What mainstream coverage underplays is the internal Republican contradiction: the same party that counts large tech donors among its base is now producing legislation that would fundamentally destabilise the talent pipelines those companies depend on. The per-country seven per cent cap, combined with a two-year visa ceiling, would effectively make long-term US careers unviable for most Indian professionals — a cohort that has underpinned US Big Tech's engineering workforce for three decades. Whether the bill advances or stalls in committee, its introduction signals that legal immigration is no longer a safe harbour in the current US political climate.
NationPress
25 Jul 2026

Frequently Asked Questions

What is the American White-Collar Worker Jobs Act of 2026?
It is a bill introduced by Republican Representative Chip Roy of Texas that proposes sweeping changes to the US H-1B visa programme, including replacing the lottery with a wage-based selection system, cutting visa duration to two years, eliminating the OPT programme, and ending H-1B as a green card pathway.
How would the bill affect Indian H-1B applicants specifically?
The proposed seven per cent per-country cap on annual H-1B allocations would severely limit the number of visas available to Indian nationals, who currently account for the largest share of H-1B petitions. Combined with the two-year duration limit and elimination of the green card pathway, it would significantly narrow long-term career options for Indian professionals in the US.
What is the Optional Practical Training (OPT) programme and why is it being targeted?
OPT allows foreign students who graduate from US universities to remain in the country and work for up to three years after completing their studies. The bill proposes eliminating it entirely, arguing it functions as an extension of foreign worker pipelines rather than a genuine training mechanism.
Has the bill been passed into law?
No. The bill has been introduced in the US Congress and must clear committee review and secure majority support in both chambers before it can become law. Its legislative path remains uncertain given divided opinion on H-1B reform.
Who has endorsed the bill?
Several immigration-restriction organisations have backed it, including US Tech Workers, the Immigration Accountability Project, and the Federation for American Immigration Reform. A related proposal by Representative Eli Crane of Arizona, calling for a three-year pause on H-1B issuances, also aligns with the bill's direction.
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