American Tech Workforce Act of 2021
This bill eliminates the Optional Practical Training Program and modifies requirements for H-1B visas (nonimmigrant workers in specialty occupations and fashion models). (The Optional Practical Training Program provides an eligible F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both.)
Under this bill, the employer must pay an H-1B visa holder the greater of (1) the annual wage paid to a U.S. worker who did identical or similar work in the two years before the employer's H-1B application; or (2) $110,000, with this amount to be adjusted annually for inflation. Currently, the H-1B visa holder must be paid the greater of (1) the employer's actual wage for similarly qualified U.S. workers in the specific position, or (2) the local prevailing wage for the occupational classification.
The bill also removes a requirement for the employer to provide the visa holder with working conditions such that the working conditions of similarly employed workers will not be affected.
The bill imposes limits on assigning H-1B visa holders to third-party work sites, such as limiting the visa validity period to one year if the visa holder performs any part of their assignment at a third-party work site.
The bill requires the H-1B applications with the highest listed compensation to be granted before those with lower listed compensation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6206 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6206
To amend the Immigration and Nationality Act to reform the H-1B visa
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 9, 2021
Mr. Banks (for himself, Mrs. Miller of Illinois, Mr. Cawthorn, Mr.
Crawford, Mr. Palazzo, Mr. Hern, Mr. Austin Scott of Georgia, Mr.
Burgess, Mr. Wilson of South Carolina, Mr. Meuser, Ms. Van Duyne, and
Mr. LaMalfa) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to reform the H-1B visa
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Tech Workforce Act of
2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The H-1B visa has become a program used to supplant
American workers with inexpensive foreign labor.
(2) 60 percent of H-1B visas are assigned wage levels
substantially below the local median wages for their relevant
occupations.
(3) The ability to hire non-American workers at wages
substantially below median wage levels, adjusted for locality
and occupation, clearly disincentivizes the hiring of American
workers.
(4) In 2019, Big Tech companies like Amazon, Google,
Microsoft, Facebook, IBM, and Apple were 6 of the top 8 initial
approval recipients for H-1B visas. This trend has existed
since 2014.
(5) The Optional Practical Training Program was created
without Congressional Authority, was expanded by the Obama
Administration, and is most beneficial to Big Tech.
(6) The Optional Practical Training Program allows student
visa holders who have completed their studies and earned a
degree in Science, Technology, Engineering, or Math (STEM) to
work for up to three years, and waives their employer's payroll
tax obligations for the OPT participant.
(7) The Optional Practical Training Program functions as a
tax break for employers who do not employ Americans, and
actively incentivizes such.
SEC. 3. OPTIONAL PRACTICAL TRAINING PROGRAM TERMINATED; EMPLOYMENT
AUTHORIZATION TO TERMINATE AFTER COMPLETION OF COURSE OF
STUDIES.
(a) In General.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a) is amended by adding at the end the following:
``(4) Employment authorization for aliens no longer engaged
in full-time study in the united states.--Notwithstanding any
other provision of law, no alien present in the United States
as a nonimmigrant under section 101(a)(15)(F)(i) may be
provided employment authorization in the United States pursuant
to the Optional Practical Training Program, or any such
successor program, and the Optional Practical Training Program
shall be terminated. Any employment authorization for a
nonimmigrant under section 101(a)(15)(F) shall terminate upon
completion of the alien's course of studies and may not be
granted or extended thereafter.''.
(b) Transition Rule.--Any application for the Optional Practical
Training Program that is pending as of the date of enactment of this
Act shall be rejected and any fees paid pertaining to such application
shall be refunded.
SEC. 4. OTHER PROVISIONS REGARDING H-1B NONIMMIGRANTS.
Section 212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)) is amended--
(1) in subparagraph (A), to read as follows:
``(A) That the employer is offering, and will offer
during the period of authorized employment, an annual
wage to the H-1B nonimmigrant that is the greater of--
``(i) the annual wage that was paid to the
United States citizen or lawful permanent
resident employee who did identical or similar
work during the 2 years before the employer
filed such application; or
``(ii) $110,000, if offered not later than
1 year after the date of the enactment of the
American Tech Workforce Act of 2021, which
amount shall be annually adjusted for inflation
by July 1 of each year.''; and
(2) by adding at the end the following:
``(6) Period of validity.--A visa granted under section
101(a)(15)(H)(i)(b) to an H-1B nonimmigrant pursuant to a
petition by any employer, if any part of such an assignment
will be performed at a third-party worksite, shall be valid for
a period of not more than 1 year.
``(7) Specific and non-speculative employment
requirement.--No visa may be granted under section
101(a)(15)(H)(i)(b) if any part of the assignment for the
beneficiary of the petition will be performed at a third-party
worksite unless the assignment is specific and non-speculative
and lasts for the entire time requested in the petition.
``(8) Order of priority.--In issuing visa or according
status under section 101(a)(15)(H)(i)(b) for a fiscal year,
applications from employers in accordance with this subsection
shall be granted in order of the highest compensation rate
included in the application to the lowest.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Immigration and Citizenship.
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