Around 70% of all H-1B visa holders in the United States are Indian nationals, making any proposed changes to the programme highly significant for Indian professionals and students. A newly introduced bill in the US Congress could potentially reshape the entire H-1B system, impacting both current visa holders and future applicants if it becomes law.
The proposed legislation, titled the American White-Collar Worker Jobs Act of 2026, was introduced by Texas Republican Congressman Chip Roy. It argues that the H-1B programme has been misused over the years, allegedly allowing employers to prioritise lower-cost foreign labour over qualified American workers. The bill also builds on earlier proposals calling for stricter controls and even a temporary suspension of H-1B visa issuance before broader reforms are implemented.
The bill proposes major changes to the existing system, including replacing the current lottery-based selection with a wage-based model that prioritises higher-paid roles. It also suggests reducing visa validity from six years to two, tightening employer requirements, and mandating proof that companies have made genuine efforts to hire American workers before considering H-1B candidates. In addition, companies that have recently laid off staff could be barred from hiring foreign workers under this programme.
One of the most significant proposed changes is the elimination of the “dual intent” provision, which currently allows H-1B holders to pursue permanent residency while working in the US. The bill also seeks to abolish the Optional Practical Training (OPT) programme, which is widely used by international students as a bridge between graduation and employment.
The removal of OPT could have a major impact on Indian students, who rely heavily on this pathway to secure H-1B sponsorship after completing their studies in the United States. Without it, many would lose a critical entry point into the US job market.
The proposed reforms could disproportionately affect Indian professionals, who already face the longest green card backlogs due to country-specific caps. Under current rules, many H-1B workers are able to remain in the US for years while awaiting permanent residency approval. However, stricter visa limits and the removal of extension flexibility could force some workers to leave the country before their applications are processed.
For the bill to become law, it must pass both houses of Congress and receive presidential approval. However, its future remains uncertain, especially given shifting political dynamics. Despite this, the debate over H-1B reforms continues to gain momentum in the United States, keeping the issue in focus for policymakers, employers, and international workers alike.
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