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H-1B Visa Crackdown Proposed Under Republican Bill: What to Know
H-1B Visa Crackdown Proposed Under Republican Bill: What to Know

Newsweek

time3 days ago

  • Business
  • Newsweek

H-1B Visa Crackdown Proposed Under Republican Bill: What to Know

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. Republican lawmakers are hoping to strip away the H-1B visa exception from college professors and higher education staff. Reps. Tom Tiffany (WI-07) and Andrew Clyde (GA-09) introduced the Colleges for the American People Act, or CAP Act, which would end the long-standing H-1B visa cap exemption for U.S. colleges and universities. If enacted, all prospective foreign hires, including administrators and professors, would be required to compete under the standard 65,000 visa cap. Newsweek has contacted the office of Congressman Tiffany for comment. People arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. People arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. Wilfredo Lee/AP Why It Matters Currently, the H-1B visa program has an annual cap of 65,000 visas, with certain exemptions for institutions of higher education and other designated categories. An additional 20,000 visas are available for applicants who hold a master's degree or higher from a U.S. institution. President Donald Trump has previously backed employment-based visas, especially the H-1B program. There has been renewed scrutiny of employment-based immigration as the right is split over H-1B visas, with MAGA-aligned conservatives opposing the program over concerns about job displacement and corporate abuse. Moderate Republicans and tech entrepreneurs see it as a tool to fill critical workforce gaps, particularly in the tech sector. What To Know "American students spend years earning degrees, only to watch universities hand good-paying jobs to foreign workers on special visas," Congressman Tiffany said in a press release. The CAP Act would eliminate the H-1B cap exemption for colleges and universities, requiring them to compete under the same 65,000-visa limit that applies to private-sector employers. Congressman Clyde wrote in a post on X, formerly Twitter, that the bill will encourage higher educational institutions to prioritize American workers. The bill was introduced following a report by news platform Wisconsin Right Now, which found that the University of Wisconsin System employs nearly 500 foreign workers on H-1B visas, with salaries totaling almost $43 million annually. The report also noted rising tuition rates at the same institutions. The legislation would not retroactively affect current visa holders. Universities could continue to extend existing H-1B visas under the current rules until the six-year limit, after which new hires would fall under the cap. This follows reports that the Department of Homeland Security, which oversees U.S. Citizenship and Immigration Services, is considering replacing the current lottery-style H-1B selection system with a "weighted selection process." USCIS received enough petitions to meet the H-1B visa cap as of last week for fiscal year 2026. What People Are Saying Congressman Tiffany said in a statement: "The CAP Act ensures our institutions invest in the people they are meant to serve and ends the backdoor hiring practices that undercut American workers." Congressman Clyde wrote in a post on X: "Universities frequently exploit an H-1B visa loophole to hire foreign workers over Americans."

Scrap H-1B visa exception: Republicans introduce new bill for prioritizing Americans in universities, ending 'backdoor hiring'
Scrap H-1B visa exception: Republicans introduce new bill for prioritizing Americans in universities, ending 'backdoor hiring'

Time of India

time6 days ago

  • Business
  • Time of India

Scrap H-1B visa exception: Republicans introduce new bill for prioritizing Americans in universities, ending 'backdoor hiring'

Republican lawmakers introduce a new proposal to end H-1B exception for higher education staff. Amid ongoing aspersions against the H-1B visa program, a new Republican proposal was introduced by Rep Tom Tiffany and Rep Andrew Clyde proposing to scrap the H-1B visa exception for higher education staff. Currently, there is a 65,000-person cap for the H-1B visa and an additional 20,000 persons for those with master's degree and beyond. The "Colleges for the American People Act of 2025" would repeal this additional exception and have those from other countries seeking to work in higher education go through the normal H-1B visa process. "American students spend years earning degrees, only to watch universities hand good-paying jobs to foreign workers on special visas," Tiffany said in a statement. "The CAP Act ensures our institutions invest in the people they are meant to serve and ends the backdoor hiring practices that undercut American workers." The proposal would not be retroactive, so current H-1B visa holders at universities could still apply for their extension without going towards the limit. For fiscal year 2026, US Citizenship and Immigration Services got enough petitions for the H-1B visa caps as of last week. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Unsold 2021 Cars Now Almost Free - Prices May Surprise You Unsold Cars | Search Ads Learn More Undo The proposal comes as the DHS is planning to overhaul the H-1B system and replace the lottery with a wage-based selection. The H-1B remained a contentious issue for the Trump administration, as even before his January inauguration, he courted controversy over this visa program. During his last term, DHS issued a rule to base selection in H-1B petitions on the wage offered for a position. But the rule was shelved by the Biden administration. H1-B process explained H-1B is mostly used by Silicon Valley companies but also by higher education institutions. The US employer first offers a job to a foreign worker, then files a labor condition application with the labor department, agreeing to pay the prevailing wage. The employer submits basic details of the person they hired during the registration window. USCIS runs a random lottery to select as it receives far more registrations than its cap. If selected in the lottery, the employer files Form I-129 with USCIS.

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