American White-Collar Worker Jobs Act of 2026
Sponsored By: Representative Roy, Chip [R-TX-21]
Introduced
Summary
Rewrites and tightens the H-1B work visa system and shifts enforcement power to the Department of Labor while reasserting Congressional authority over who may be authorized to work. This bill would remake who qualifies for H-1B status, raise employer hiring and wage rules, shorten visa stays, and give Labor new tools to police violations.
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- Employers: Employers would need a detailed Labor Condition Application approved by the Secretary of Labor that names the worker, job, location, nationality, wage, and other facts, and must recruit U.S. workers and post jobs on a Labor Department website before seeking foreign labor.
- Workers and enforcement: The Secretary of Labor would gain investigation, subpoena, audit, and penalty powers. Employers could face fines up to $100,000 and be banned from hiring H-1Bs for up to 10 years, and displaced U.S. workers would have a federal tort claim.
- H-1B applicants and visa rules: The bill would add a foreign-residence intent test for H-1B applicants, shorten typical H-1B duration to 2 years, set the annual cap at 65,000, and prioritize petitions offering higher salaries.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 1 costs, 2 mixed.
Tighter H-1B eligibility and agency powers
If enacted, the H nonimmigrant definition would add a clear foreign-residence requirement. Adjustment of status would be allowed only if the applicant met the admission and ongoing requirements of the nonimmigrant status. The bill would remove some exceptions to the immigrant-presumption rule and repeal several H-1B-related statutory provisions. It would clarify that Title II rules cover an alien's whole stay and tighten how layoff comparisons are made. DHS rulemaking would be limited to setting admission lengths and ensuring people who lose status leave, and DHS would have 180 days to update nonimmigrant rules. The bill would also make small textual edits to other immigration provisions.
New H-1B employer rules and penalties
If enacted, employers would need Labor Department approval before admitting H-1B workers. Employers would identify each applicant (including a photo), post the job on a DOL website, and certify recruitment and nondisplacement steps. Employers would have to pay the higher of their actual comparable wage or the DOL 75th‑percentile wage and could not charge visa or related fees to the worker. Approved applications would be valid for 90 days. DOL would get stronger enforcement powers, including audits, subpoenas, fines up to $100,000 per violation, and bans up to 10 years, with hearing and appeal rights. Any U.S. worker displaced by a nonimmigrant would be able to sue the employer in federal court.
Smaller H-1B cap and shorter stays
If enacted, H-1B admissions for the named category would be limited to 65,000 per year and no more than 7 percent could come from any single country. When demand exceeds the allotment, visas would go first to petitions offering higher salaries instead of by filing order. The maximum H-1B stay would be cut from six years to two calendar years. The two-year period would begin on the earlier of the date of admission, the date of change of status, or 90 days after the visa is issued.
Sponsors & CoSponsors
Sponsor
Roy, Chip [R-TX-21]
TX • R
Cosponsors
Crane
AZ • R
Sponsored 6/4/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov