The United States is once again debating sweeping changes to its immigration framework. The H-1B visa bill, known as the American Tech Workforce Act, was introduced by Senator Jim Banks. It aims to abolish the lottery system for H-1B visas, end the Optional Practical Training (OPT) program, and significantly raise the wage floor for skilled foreign workers. If passed, this legislation could reshape how U.S. companies hire international talent and redefine the balance between foreign and American labor.
The American Tech Workforce Act Explained
At the heart of the H-1B visa bill is a proposal to overhaul the requirements for nonimmigrant workers in specialty occupations. Currently, the H-1B program is structured around a lottery that randomly allocates visas to applicants. The new bill seeks to replace this system with a compensation-based allocation, where visas are granted first to the highest-paying employers.
The legislation also targets the Optional Practical Training program, which allows international students under F-1 visas to work in the United States temporarily before or after graduation. With nearly half a million participants, the OPT has long been considered a pathway for foreign graduates to transition into the American workforce. The bill proposes to eliminate it entirely.
In addition, the wage floor for H-1B workers would rise from the long-standing $60,000 to $150,000. This sharp increase would make it much harder for outsourcing companies and smaller firms to rely on foreign labor at lower pay scales.
Wage Provisions in the H-1B Visa Bill
The bill’s wage provisions are central to its design. Under current law, an employer must pay an H-1B worker either:
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The actual wage paid to similarly qualified U.S. employees, or
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The prevailing wage for the occupation in the local area.
Senator Banks’ bill introduces new benchmarks. Employers would have to pay the higher of:
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The annual wage paid to a U.S. worker doing the same or similar work in the two years before the H-1B application; or
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$110,000, adjusted annually for inflation.
Additionally, the bill sets the overall wage floor at $150,000, far higher than the existing level. The intended effect is to dissuade companies from using the H-1B program to import what critics call “cheap labor.”
Ending the Optional Practical Training Program
Another controversial aspect of the H-1B visa bill is the proposed end of the OPT program. OPT currently provides international students with a temporary work authorization period of up to 12 months. Those in STEM fields can extend employment for up to 36 months. Employers use OPT to hire foreign graduates without being restricted by the H-1B cap.
Supporters of the bill argue that ending OPT would close what they see as a loophole. Critics warn that eliminating the program could discourage international students from pursuing education in the United States, thereby harming universities and industries that rely on global talent.
Restrictions on Third-Party Worksites
The legislation also introduces strict limits on assigning H-1B visa holders to third-party worksites. If a foreign worker performs duties at a client site, the visa’s validity period would be capped at one year instead of three. This provision would directly affect consulting and outsourcing firms that place workers with corporate clients across industries.
Why the H-1B Visa Bill Was Introduced
Senator Jim Banks has framed the legislation as a protectionist measure designed to safeguard American jobs. He has repeatedly argued that corporations exploit the existing immigration system to displace U.S. workers.
“This bill puts American workers first,” Banks told Breitbart News. “Corporations rigged the system to flood the country with cheap foreign labor and drive down wages.”
Supporters claim that companies like Microsoft illustrate the problem. After laying off thousands of U.S. workers, Microsoft reportedly applied for more than 5,000 H-1B visas in 2025 alone.
By restructuring the system, Banks and his co-sponsors hope to curb what they call the “outsourcing of American livelihoods.”
Corporate Criticism of the H-1B Program
Corporations have long argued that the H-1B system provides access to specialized talent not readily available domestically. However, critics like Banks and civil rights attorney Harmeet Dhillon maintain that the program has been abused.
Dhillon recently urged Americans to report companies improperly hiring H-1B workers. Public scrutiny intensified after reports of a jobs-for-kickbacks scandal at Walmart, where executives allegedly prioritized hiring foreign workers over Americans.
These cases fuel claims that the program undermines U.S. labor standards and contributes to wage stagnation.
H-1B Visa Demand Remains Strong
Despite mounting criticism, demand for H-1B visas remains high. Each year, more than 200,000 petitions are filed for the 85,000 available slots. The majority go to workers in computer science and IT.
Median salaries for software developers hover around $116,000, which is below the proposed $150,000 wage floor. This means many employers may struggle to meet the new standard if the H-1B visa bill becomes law.
Additionally, foreign workers see the H-1B as a gateway to a U.S. green card. Because the visa is often tied to employment, it gives companies leverage over workers who may hesitate to challenge poor conditions or long hours.
Impact on American and Foreign Workers
Proponents argue the bill would reduce reliance on imported labor, creating more opportunities for U.S. graduates. They claim at least one million Americans are denied stable jobs, homes, and family security because of foreign workers occupying positions through H-1B and OPT.
On the other hand, many businesses warn that limiting access to foreign talent could hurt innovation and global competitiveness. Fortune 500 companies, healthcare providers, and even airlines rely on international workers to fill critical gaps.
The future of the bill remains uncertain, but it has already sparked a fierce debate on Capitol Hill and across corporate America.
Table: Key Changes Proposed in the H-1B Visa Bill
| Provision | Current Rule | Proposed Rule |
|---|---|---|
| Wage floor | $60,000 | $150,000 |
| Allocation system | Random lottery | Priority to highest salaries |
| OPT program | F-1 students allowed temporary work | Eliminated |
| Third-party worksites | Up to 3 years | Limited to 1 year |
What Comes Next?
The bill’s prospects in Congress remain unclear. Immigration reform has historically faced bipartisan gridlock, with competing interests between protecting workers and sustaining economic growth. If the H-1B visa bill advances, industries dependent on foreign labor will face significant restructuring.
Universities, tech firms, and healthcare systems are expected to lobby against the bill. Meanwhile, American labor unions and political groups advocating for wage growth are likely to support it.
The outcome could reshape how America manages its immigration and labor systems for decades.
Read also: 100k Fee Looms for Skilled Worker Visa Applicants
Conclusion
The H-1B visa bill has ignited one of the most consequential debates on U.S. immigration and labor policy in years. By proposing to eliminate the lottery, raise the wage floor, and end the OPT program, lawmakers are signaling a sharp shift toward protecting domestic workers.
The final outcome will depend on whether Congress can balance the need for fair wages and opportunities for U.S. workers with the economic benefits of international expertise. As discussions continue, both employers and foreign professionals must prepare for significant changes in how visas are issued and regulated.
For skilled workers, employers, and students navigating these potential changes, professional legal guidance is essential. At Maple Crest Immigration Law, our team monitors every development in U.S. immigration reform. Whether you are applying for an H-1B visa, seeking permanent residency, or assessing the future of OPT, we provide clear strategies tailored to your situation. Contact Maple Crest Immigration Law today to secure your future in the United States.
