I 

117TH CONGRESS 

1ST SESSION H. R. 6206 

To amend the Immigration and Nationality Act to reform the H–1B visa 

program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2021 

Mr. BANKS (for himself, Mrs. MILLER of Illinois, Mr. CAWTHORN, Mr. 

CRAWFORD, Mr. PALAZZO, Mr. HERN, Mr. AUSTIN SCOTT of Georgia, 

Mr. BURGESS, Mr. WILSON of South Carolina, Mr. MEUSER, Ms. VAN

DUYNE, and Mr. LAMALFA) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to reform 

the H–1B visa program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Tech Work5 force Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The H–1B visa has become a program used 

2 to supplant American workers with inexpensive for3 eign labor. 

4 (2) 60 percent of H–1B visas are assigned wage 

5 levels substantially below the local median wages for 

6 their relevant occupations. 

7 (3) The ability to hire non-American workers at 

8 wages substantially below median wage levels, ad9 justed for locality and occupation, clearly 

10 disincentivizes the hiring of American workers. 

11 (4) In 2019, Big Tech companies like Amazon, 

12 Google, Microsoft, Facebook, IBM, and Apple were 

13 6 of the top 8 initial approval recipients for H–1B 

14 visas. This trend has existed since 2014. 

15 (5) The Optional Practical Training Program 

16 was created without Congressional Authority, was 

17 expanded by the Obama Administration, and is most 

18 beneficial to Big Tech. 

19 (6) The Optional Practical Training Program 

20 allows student visa holders who have completed their 

21 studies and earned a degree in Science, Technology, 

22 Engineering, or Math (STEM) to work for up to 

23 three years, and waives their employer’s payroll tax 

24 obligations for the OPT participant. 


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1 (7) The Optional Practical Training Program 

2 functions as a tax break for employers who do not 

3 employ Americans, and actively incentivizes such. 

4 SEC. 3. OPTIONAL PRACTICAL TRAINING PROGRAM TERMI5 NATED; EMPLOYMENT AUTHORIZATION TO 

6 TERMINATE AFTER COMPLETION OF COURSE 

7 OF STUDIES. 

8 (a) IN GENERAL.—Section 274A(h) of the Immigra9 tion and Nationality Act (8 U.S.C. 1324a) is amended by 

10 adding at the end the following: 

11 ‘‘(4) EMPLOYMENT AUTHORIZATION FOR

12 ALIENS NO LONGER ENGAGED IN FULL-TIME STUDY

13 IN THE UNITED STATES.—Notwithstanding any 

14 other provision of law, no alien present in the United 

15 States as a nonimmigrant under section 

16 101(a)(15)(F)(i) may be provided employment au17 thorization in the United States pursuant to the Op18 tional Practical Training Program, or any such suc19 cessor program, and the Optional Practical Training 

20 Program shall be terminated. Any employment au21 thorization for a nonimmigrant under section 

22 101(a)(15)(F) shall terminate upon completion of 

23 the alien’s course of studies and may not be granted 

24 or extended thereafter.’’. 


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1 (b) TRANSITION RULE.—Any application for the Op2 tional Practical Training Program that is pending as of 

3 the date of enactment of this Act shall be rejected and 

4 any fees paid pertaining to such application shall be re5 funded. 

6 SEC. 4. OTHER PROVISIONS REGARDING H–1B NON7 IMMIGRANTS. 

8 Section 212(n) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(n)) is amended— 

10 (1) in subparagraph (A), to read as follows: 

11 ‘‘(A) That the employer is offering, and 

12 will offer during the period of authorized em13 ployment, an annual wage to the H–1B non14 immigrant that is the greater of— 

15 ‘‘(i) the annual wage that was paid to 

16 the United States citizen or lawful perma17 nent resident employee who did identical or 

18 similar work during the 2 years before the 

19 employer filed such application; or 

20 ‘‘(ii) $110,000, if offered not later 

21 than 1 year after the date of the enact22 ment of the American Tech Workforce Act 

23 of 2021, which amount shall be annually 

24 adjusted for inflation by July 1 of each 

25 year.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(6) PERIOD OF VALIDITY.—A visa granted 

3 under section 101(a)(15)(H)(i)(b) to an H–1B non4 immigrant pursuant to a petition by any employer, 

5 if any part of such an assignment will be performed 

6 at a third-party worksite, shall be valid for a period 

7 of not more than 1 year. 

8 ‘‘(7) SPECIFIC AND NON-SPECULATIVE EMPLOY9 MENT REQUIREMENT.—No visa may be granted 

10 under section 101(a)(15)(H)(i)(b) if any part of the 

11 assignment for the beneficiary of the petition will be 

12 performed at a third-party worksite unless the as13 signment is specific and non-speculative and lasts 

14 for the entire time requested in the petition. 

15 ‘‘(8) ORDER OF PRIORITY.—In issuing visa or 

16 according status under section 101(a)(15)(H)(i)(b) 

17 for a fiscal year, applications from employers in ac18 cordance with this subsection shall be granted in 

19 order of the highest compensation rate included in 

20 the application to the lowest.’’. 

Æ 


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