New H-1B bill would end the green card path and cut the visa to two years

What Happened

On June 4, 2026, Rep. Chip Roy (R-TX) introduced the [American White-Collar Worker Jobs Act](https://www.newsweek.com/republican-launches-long-shot-bid-to-end-h-1b-visa-green-card-pathway-12035478), a broad proposal to overhaul H-1B and sever the link between temporary specialty-occupation work and permanent residency. Rep. Eli Crane (R-AZ), who earlier introduced the separate [End H-1B Visa Abuse Act](https://crane.house.gov/2026/04/22/rep-crane-introduces-legislation-to-pause-and-reform-the-broken-h-1b-visa-process/) calling for a three-year H-1B moratorium, signed on as the sole co-sponsor.

The bill has drawn endorsements from the Federation for American Immigration Reform (FAIR), the Immigration Accountability Project, Citizens for Renewing America, and U.S. Tech Workers. Its president, Kevin Lynn, called it a measure that would "effectively address many of the egregious aspects of the H-1B visa program."

The bill arrives as the H-1B program is already contracting. USCIS data released May 21 showed FY 2027 cap registrations down 38.5% year over year, from 343,981 to [211,600 properly submitted applications](https://www.uscis.gov/newsroom/alerts/fy-2027-h-1b-initial-registration-selection-process-completed). The drop reflects the new $100,000 petition fee, the wage-weighted lottery, and stepped-up Department of Labor enforcement that has produced nearly 200 investigations and four employer disqualifications as of May 4, 2026.

Key Provisions

The bill is the broadest H-1B restriction package introduced in the 119th Congress. The main provisions are:

• **Dual intent repealed.** H-1B applicants would be required to demonstrate they maintain a foreign residence and have no intention of abandoning it — reversing nearly four decades of dual-intent policy under INA § 214(b) that has allowed H-1B holders to simultaneously pursue permanent residency.
• **AC21 extensions eliminated.** Current law (American Competitiveness in the Twenty-First Century Act, § 106(a)) allows H-1B holders to extend their six-year cap while an employment-based green card petition is pending. The bill would repeal these provisions, forcing departure if the green card is not approved within the new two-year window.
• **Visa duration cut from six years to two years.** The maximum H-1B stay would drop from the current three-year initial period, renewable once for three more years, to a single two-year term.
• **75th-percentile wage floor.** Employers would be required to offer compensation at or above the 75th percentile for the occupation in the geographic area — a dramatic increase from the current prevailing wage system where many H-1B positions are certified at Level 1 or Level 2 wages.
• **5% workforce cap.** No employer could have more than 5% of its U.S. workforce composed of nonimmigrant workers, targeting IT staffing firms and large tech companies that rely heavily on H-1B labor.
• **Anti-displacement and post-layoff bars.** Employers would be prohibited from laying off U.S. workers in comparable roles within one year of an H-1B hire. Companies that have recently conducted layoffs would be barred from sponsoring new H-1B petitions entirely.
• **Strengthened labor market test.** Employers must demonstrate good-faith efforts to recruit American workers, advertise positions domestically, offer jobs to equally or more qualified U.S. applicants, and certify that the hire will not suppress wages or working conditions.
• **OPT eliminated.** The Optional Practical Training program, which allows international students 12–36 months of post-graduation work authorization and serves as the primary pipeline to H-1B status, would be fully repealed.
• **Wage-based selection replaces lottery.** The existing random lottery would be replaced with a system prioritizing the highest-salary applications, similar in concept to the wage-weighted lottery USCIS already implemented for FY 2027 but taken further.

Who's Affected

If enacted, the bill would reshape the employment-based immigration pipeline from end to end. The practical impact would fall hardest on these groups:

• **Current H-1B holders in the EB-2/EB-3 green card queue.** This is the most severe impact. Approximately 70% of H-1B holders are Indian nationals, many of whom face EB-2 backlogs exceeding 13 years (the current EB-2 India Final Action Date is September 1, 2013). Eliminating AC21 extensions would remove the mechanism that allows them to maintain work authorization while waiting.
• **Employers sponsoring PERM-based green cards.** The EB-2 and EB-3 categories requiring PERM labor certification depend on workers maintaining H-1B status during the multi-year PERM and I-140 process. A two-year visa cap with no extension path would make employer-sponsored green cards functionally impossible for most applicants.
• **International students.** OPT elimination would remove the 12–36 month bridge between graduation and H-1B petition filing, severing the most common pipeline into the U.S. STEM workforce.
• **IT staffing and consulting firms.** The 5% workforce cap and anti-displacement provisions directly target the outsourcing model where H-1B workers are placed at client sites.

What Attorneys Should Know

The bill's prospects are weak by any conventional measure. It has one co-sponsor in the House, no Senate companion, and no clear White House support. President Trump said in a November 2025 Fox News interview that "you have to bring in talent," and the administration has focused its H-1B policy on wage-based selectivity and fee increases rather than program elimination.

The House's 217-212 Republican majority (with one independent and five vacancies) leaves virtually no room for legislation that divides the GOP base. Tech-aligned Republicans and business-oriented members are unlikely to support provisions as sweeping as OPT elimination or the 5% workforce cap.

Individual provisions may last longer than the bill itself. Attorneys should monitor for:

• **Reconciliation riders.** Specific H-1B fee increases, wage floors, or duration caps could be attached to budget reconciliation packages, which require only a simple majority and cannot be filibustered in the Senate. The existing $100,000 H-1B fee was enacted through exactly this mechanism via H.R. 1.
• **State-level action.** Texas Governor Abbott has already [paused new H-1B petitions through May 31, 2027](https://www.newsweek.com/republican-launches-long-shot-bid-to-end-h-1b-visa-green-card-pathway-12035478), and Florida Governor DeSantis directed phasing out H-1B hiring at public universities. Bills in Iowa and Oklahoma follow the same trajectory.
• **Regulatory changes that achieve similar goals.** The wage-weighted lottery (already in effect for FY 2027) and the prevailing wage rule currently in its comment period both move in the direction this bill points, even without legislation.
• **DOL enforcement escalation.** Nearly 200 H-1B abuse investigations and four employer disqualifications signal that the administrative machinery is already tightening, regardless of whether this bill advances.

What Applicants Should Do

If you hold H-1B status or are in the employment-based green card pipeline, the bill does not require immediate action. Its introduction changes no current rules, timelines, or filing obligations.

Still, the policy direction is worth planning around:

• **Continue all pending applications.** Your PERM, I-140, I-485, or H-1B extension filings are unaffected. Do not withdraw or delay any petition based on this legislation.
• **Monitor your priority date.** The June 2026 visa bulletin shows [EB-2 India at September 1, 2013](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-june-2026.html) and EB-3 India at December 15, 2013. If your date is current under the Final Action Dates chart, file your I-485 promptly.
• **Consider EB-1A or O-1 alternatives.** If you qualify for extraordinary ability classification, these self-petition categories do not depend on employer sponsorship or H-1B status maintenance. The policy direction favors high-achievement pathways.
• **Maintain valid status.** With increased scrutiny across the board, ensure your H-1B amendments are current, your employer's LCA reflects your actual work location, and your passport and visa stamp are up to date.
• **Talk to your attorney.** If you're concerned about legislative risk to your long-term immigration plan, discuss contingency strategies — particularly cross-chargeability options, EB-2-to-EB-3 downgrade strategies, or concurrent filing approaches that hedge against future changes.

Context: H-1B Program Under Pressure

The American White-Collar Worker Jobs Act is part of a broader wave of H-1B restrictions in the 119th Congress. Rep. Eli Crane's End H-1B Visa Abuse Act (introduced April 22, 2026) proposes a three-year moratorium on new H-1B issuances with 11 co-sponsors. A separate bill in the Iowa state legislature seeks to bar universities from hiring H-1B holders.

At the executive level, the Trump administration has pursued H-1B reform through regulatory channels rather than legislation. The [wage-weighted lottery](https://www.uscis.gov/newsroom/news-releases/dhs-changes-process-for-awarding-h-1b-work-visas-to-better-protect-american-workers), effective for FY 2027, gives Level 4 wage positions four entries versus one entry for Level 1 positions. The $100,000 petition fee on certain H-1B filings, enacted through the H.R. 1 reconciliation bill, contributed to the 38.5% drop in cap registrations.

The Department of Labor has also intensified enforcement. As of May 4, 2026, DOL has initiated nearly 200 investigations into H-1B program abuse and disqualified four employers from the program. Willful violators face random audits for up to five years.

For attorneys advising clients and for applicants planning careers, the signal is clear: the policy environment is moving toward higher wages, stricter employer accountability, and fewer pathways from temporary to permanent status. This bill may not advance, but its provisions map the terrain future proposals are likely to occupy.