Jim Banks

Banks posted — “You may have heard about the H-1B scam, but have you heard about the OPT program? Never authorized by Congress & expanded by Obama, OPT floods the market with tax-exempt jobs for foreign students—leaving American students at a disadvantage.”

The bill highlights flaws in the H-1B and OPT programs and proposes major revamps to both.

H-1B: The Criticism

The H–1B non-immigrant visa program is critiqued for replacing U.S. workers with cheaper foreign labor. The bill notes that 60% of these visas are assigned wages significantly below local median levels. According to the bill, this wage disparity encourages companies to prefer non-U.S. workers. In 2024, major tech firms such as Amazon, Meta, Google, Microsoft, and Apple received the most initial H–1B approvals, sustaining a decade-long trend.

H-1B: What the Bill Proposes

The bill calls for key amendments in the H–1B non-immigrant work program.

Firstly, the employer is required to offer the H-1B nonimmigrant an annual wage that is at least equal to the greater of the wage paid to a United States citizen or lawful permanent resident performing identical or similar work during the two years prior to the application filing date or $150,000 and this must be offered within a 1-year period following the enactment of the American Tech Workforce Act of 2025.

Second, any H-1B visa issued where any part of the work will be performed at a third-party worksite should be valid for a period not to exceed 1 year. This is a significant tightening — currently, H-1B visas are available for three years and can be extended for another 3 years.

Currently, H-1B visas are available for three years and can be extended for another 3 years.

OPT: What the Bill Says

On the OPT program, the bill states that it was established without explicit congressional authorization and was later expanded by the Obama Administration to benefit Big Tech companies. Under OPT, student visa holders with degrees in STEM fields are allowed to work in the US for up to 3 years.

The bill also notes that the OPT program waives employer payroll tax obligations for these workers, effectively acting as a tax break and an incentive for employers to avoid hiring US workers.

The bill calls for the termination of the optional practical training program and the end of employment authorization after completion of the course of studies.