S. 2821

119th CONGRESS 1st Session

To amend the Immigration and Nationality Act to reform the H–1B nonimmigrant visa program, and for other purposes.

IN THE SENATE OF THE UNITED STATES · September 16, 2025 · Sponsor: Mr. Banks · Committee: Committee on the Judiciary

S. 2821

SEC. 1. Short title

This Act may be cited as the American Tech Workforce Act of 2025.

SEC. 2. Findings

Congress finds the following:
- The H–1B nonimmigrant visa is a program that is being used to supplant United States workers with inexpensive foreign labor.
- Sixty percent of H–1B nonimmigrant visas are assigned wage levels that are substantially below the local median wages for their relevant occupations.
- The ability to hire non-United States workers at wages substantially below median wage levels, adjusted for locality and occupation, clearly disincentivizes the hiring of United States workers.
- In 2024, the 8 companies receiving the most initial approvals for H–1B nonimmigrant visas were Big Tech companies, including Amazon, Meta, Google, Microsoft, and Apple, which continues a 10-year trend.
- The Optional Practical Training Program, which was established without explicit congressional authorization—
  - was expanded by the Obama Administration for student visa holders who have completed their studies and earned a degree in a science, technology, engineering, or math field to provide greater benefits to Big Tech companies;
  - allows such student visa holders to work in the United States for up to 3 years, while waiving their employer’s payroll tax withholding obligations with respect to such workers; and
  - functions as a tax break and significant incentive for employers not to employ United States workers.

SEC. 3. Termination of Optional Practical Training Program; employment authorization to terminate after completion of course of studies

(a) In general
- Section 274A(h) of the Immigration and Nationality Act () is amended by adding at the end the following: 8 U.S.C. 1324a
  - (4) Prohibition of employment authorization for certain aliens who are no longer engaged in full-time study in the united states
    - (A) Termination of optional practical training
      - The Optional Practical Training Program authorized under section 214.2(f)(10)(ii) of title 8, Code of Federal Regulations, is terminated.
    - (B) In general
      - Notwithstanding any other provision of law, an alien who is present in the United States as a nonimmigrant described in section 101(a)(15)(F)(i) may not be provided employment authorization in the United States through the Optional Practical Training Program, or any successor program. Any employment authorization for a nonimmigrant described in section 101(a)(15)(F)(i) shall terminate upon the completion of the nonimmigrant’s course of studies and may not be extended beyond such date of completion.
(b) Transition rule
- Every application for Optional Practical Training by a nonimmigrant described in section 101(a)(15)(F)(i) of the Immigration and Nationality Act () that is pending on the date of the enactment of this Act shall be denied and any fees paid in conjunction with any such application shall be refunded. 8 U.S.C. 1101(a)(15)(F)(i)

SEC. 4. Other provisions regarding H–1B nonimmigrant applications

Section 212(n) of the Immigration and Nationality Act () is amended— 8 U.S.C. 1182(n)
- The employer is offering, and will offer during the period of authorized employment, an annual wage to the H–1B nonimmigrant that is not less than the greater of—
  - (i) the annual wage that was paid to the United States citizen or lawful permanent resident employee who performed identical or similar work to the work to be performed by the H–1B nonimmigrant during the 2-year period immediately preceding the date on which the employer filed such application; or
- (ii)
  - $150,000, if offered during the 1-year period beginning on the date of the enactment of the ; or
  - for any 1-year period beginning on July 1 after the period described in subclause (I), the sum of—
  - the amount specified in subclause (I); and
  - such amount multiplied by the cumulative percentage change in the Consumer Price Index since such date of enactment.
- in paragraph (1), by amending subparagraph (A) to read as follows:
  - A visa issued to an H–1B nonimmigrant pursuant to a petition filed by an employer pursuant to paragraph (1) shall be valid for a period not to exceed 1 year if any part of the work assigned to such H–1B nonimmigrant will be performed at a third-party worksite.
  - An H–1B nonimmigrant visa may not be issued if any part of the work assigned to the H–1B nonimmigrant for the beneficiary of the applicant will be performed at a third-party worksite unless such assignment—
    - is specific and nonspeculative; and
    - continues for the entire work period requested in the petition.
  - In issuing an H–1B nonimmigrant visa or granting such status to an alien during a fiscal year, petitions from employers shall be approved by prioritizing petitions that offer higher compensation rates above petitions that offer lower compensation rates, regardless of the order in which such petitions were filed.
- by adding at the end the following:

SEC. 5. Rule of construction

Nothing in this Act, or in the amendments made by this Act, may be construed to authorize any Federal agency to grant work authorization to any alien through any program that has not been authorized by an Act of Congress.