Chip Roy

Around 70% of all H-1B visa holders in the United States are Indian nationals. A new bill introduced in the US Congress, if passed, could fundamentally change how that visa works, and what it means for hundreds of thousands of Indian professionals already in the country, or hoping to get there.

What is the bill?

The American White-Collar Worker Jobs Act of 2026 was introduced by Texas Republican Congressman Chip Roy. Its stated aim is to reform a programme that, in Roy's words, has "for its nearly forty-year history been abused, allowing employers to routinely sideline American STEM workers in favour of cheap foreign labour, while masking layoffs and wage suppression as 'shortages'."

The bill is also an extension of Rep. Eli Crane's End H-1B Visa Abuse Act of 2026, which calls for a three-year suspension of H-1B visa issuances before any reforms take effect.

What does it propose to change?

The H-1B visa is currently allocated through a lottery system, where applications routinely exceed the annual quota and recipients are chosen at random. The bill proposes replacing this with a wage-based selection process, prioritising higher-paid roles over lower-cost placements.

Other key changes include:

Visa duration cut from six years to two, with applicants required to demonstrate intent to return to their home country and no extension provisions while awaiting a Green Card.

Employers would be required to make genuine efforts to hire American workers before turning to H-1B candidates. Companies that have recently laid off staff would be barred from hiring H-1B workers.

The bill eliminates dual intent — currently, H-1B holders can pursue permanent residency while working in the US without risking their visa status. Under the new proposal, that pathway would be severed.

The Optional Practical Training programme, known as OPT, would be abolished entirely.

What is OPT and why does it matter for Indians?

OPT currently allows international students to work in the US for a limited period after graduation, provided they have employer sponsorship. Those with qualifying STEM degrees can apply for an additional 24-month extension, giving them up to 36 months to work and secure H-1B sponsorship. For many Indian students, OPT is the bridge between completing a degree and entering the H-1B pipeline. Removing it would close that bridge entirely.

How would this affect Indian professionals specifically?

The impact on Indians would be disproportionate, for a straightforward reason: Indians already face the longest Green Card backlogs of any nationality. Under current rules, an Indian professional can remain in the US while their Green Card application is being processed, a wait that already stretches across many years.

If the bill passes, that wait could extend to 10 to 20 years or longer, due to country-specific caps on Green Card issuances. Without the extension provisions that currently protect their status, workers whose visas expire mid-process could be compelled to leave.

The elimination of OPT would also cut off a critical entry point for Indian students studying in the US, removing the transitional work window that many use to find employers willing to sponsor an H-1B.

Will it become law?

The bill needs majority support in both houses of Congress before it can reach the President's desk for signature. The outlook is uncertain; Roy himself is leaving office after losing a primary for Texas attorney general. However, the broader pressure around H-1B reform is unlikely to ease, and the debate this bill has reignited is far from over.