Tuberville's ASSIMILATION Act: H-1B cap cut to 50,000, OPT abolished
Synopsis
Key Takeaways
Republican Senator Tommy Tuberville of Alabama has introduced a sweeping 82-page immigration overhaul bill that would slash H-1B visas, eliminate Optional Practical Training (OPT), and impose stricter naturalization rules — changes that would disproportionately affect Indian professionals, students, and family-based immigrants in the United States. The proposal, formally titled the ASSIMILATION Act, was introduced on 15 May alongside a companion bill in the House by Representative Andy Ogles.
What the ASSIMILATION Act Proposes
The bill's full name — the American System for Sustainable Immigration and Mass Immigration Limitations Achieved Through Imposing Oversight Nationally Act — signals its ambition. It seeks to replace what it describes as 'family-chain and lottery-based admissions' with a merit-based framework prioritising 'economic self-sufficiency, cultural assimilation, and the protection of United States workers,' according to the bill's text.
The legislation would cut the annual H-1B visa cap from 65,000 to 50,000, require employers to pay foreign workers at least 200 per cent of the median wage for the relevant occupation and location, and limit H-1B status to a single three-year term with no extensions or renewals. Critically, H-1B holders would be barred from adjusting to permanent residency unless they remain outside the United States for at least two continuous years after their visa expires — a provision that would effectively block the green card pathway for most Indian tech workers currently in the queue.
OPT Eliminated, Diversity Visa Lottery Abolished
The bill would eliminate Optional Practical Training (OPT), the post-graduation work authorisation programme used by hundreds of thousands of international students annually, including a large share from India. The diversity visa lottery — which grants up to 55,000 visas per year to nationals of underrepresented countries — would also be abolished entirely under the proposal.
Family-sponsored immigration categories would be sharply narrowed. Only spouses and unmarried children under 18 of US citizens would qualify as immediate relatives. Parents of US citizens would lose eligibility for permanent residency, though they could receive limited five-year nonimmigrant visas without access to employment or public benefits.
Tougher Citizenship and Asylum Standards
The proposal would raise the residency requirement for naturalisation from five years to 10 years and mandate English proficiency at the B2 level under the Common European Framework of Reference for Languages. On asylum, the bill would bar work authorisation for applicants solely on the basis of a pending claim and introduce a $500 asylum filing fee. Nationwide mandatory use of E-Verify for all new hires and new civil and criminal penalties for visa overstays are also included.
What Tuberville Said
In a statement accompanying the bill, Tuberville said: 'I'm glad to see the Trump administration is working overtime to deport the millions of criminals who came here illegally during the Biden administration.' He added: 'But we also need to remove the incentives that are encouraging people who hate this country to come here in the first place.' The senator further stated: 'Coming to this country is a privilege, not a right. If you hate this country and refuse to assimilate, we do not want you here.'
Broader Political Context
The ASSIMILATION Act arrives as immigration shapes up as a central fault line ahead of the 2026 US midterm elections. The second Trump administration has already prioritised deportations, tighter asylum standards, and expanded enforcement. This bill represents the legislative flank of that push — moving beyond border enforcement into legal immigration architecture. Notably, Indian nationals are among the largest beneficiaries of employment-based immigration and H-1B programmes, making the bill's provisions particularly consequential for the Indian diaspora and for Indian companies with US operations. Whether the bill advances through a divided Congress remains to be seen, but its introduction signals the direction Republican lawmakers intend to push.