American Tech Workforce Act of 2021

To amend the Immigration and Nationality Act to reform the H–1B visa program, and for other purposes. 1. Short title This Act may be cited as the American Tech Workforce Act of 2021 2. Findings Congress finds the following: (1) The H–1B visa has become a program used to supplant American workers with inexpensive foreign labor. (2) 60 percent of H–1B visas are assigned wage levels substantially below the local median wages for their relevant occupations. (3) The ability to hire non-American workers at wages substantially below median wage levels, adjusted for locality and occupation, clearly disincentivizes the hiring of American workers. (4) In 2019, Big Tech companies like Amazon, Google, Microsoft, Facebook, IBM, and Apple were 6 of the top 8 initial approval recipients for H–1B visas. This trend has existed since 2014. (5) The Optional Practical Training Program was created without Congressional Authority, was expanded by the Obama Administration, and is most beneficial to Big Tech. (6) The Optional Practical Training Program allows student visa holders who have completed their studies and earned a degree in Science, Technology, Engineering, or Math (STEM) to work for up to three years, and waives their employer’s payroll tax obligations for the OPT participant. (7) The Optional Practical Training Program functions as a tax break for employers who do not employ Americans, and actively incentivizes such. 3. Optional Practical Training Program terminated; employment authorization to terminate after completion of course of studies (a) In general Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a (4) Employment authorization for aliens no longer engaged in full-time study in the united states Notwithstanding any other provision of law, no alien present in the United States as a nonimmigrant under section 101(a)(15)(F)(i) may be provided employment authorization in the United States pursuant to the Optional Practical Training Program, or any such successor program, and the Optional Practical Training Program shall be terminated. Any employment authorization for a nonimmigrant under section 101(a)(15)(F) shall terminate upon completion of the alien’s course of studies and may not be granted or extended thereafter. . (b) Transition rule Any application for the Optional Practical Training Program that is pending as of the date of enactment of this Act shall be rejected and any fees paid pertaining to such application shall be refunded. 4. Other provisions regarding H–1B nonimmigrants Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) (1) in subparagraph (A), to read as follows: (A) That the employer is offering, and will offer during the period of authorized employment, an annual wage to the H–1B nonimmigrant that is the greater of— (i) the annual wage that was paid to the United States citizen or lawful permanent resident employee who did identical or similar work during the 2 years before the employer filed such application; or (ii) $110,000, if offered not later than 1 year after the date of the enactment of the American Tech Workforce Act of 2021, which amount shall be annually adjusted for inflation by July 1 of each year. ; and (2) by adding at the end the following: (6) Period of validity A visa granted under section 101(a)(15)(H)(i)(b) to an H–1B nonimmigrant pursuant to a petition by any employer, if any part of such an assignment will be performed at a third-party worksite, shall be valid for a period of not more than 1 year. (7) Specific and Non-Speculative Employment Requirement No visa may be granted under section 101(a)(15)(H)(i)(b) if any part of the assignment for the beneficiary of the petition will be performed at a third-party worksite unless the assignment is specific and non-speculative and lasts for the entire time requested in the petition. (8) Order of priority In issuing visa or according status under section 101(a)(15)(H)(i)(b) for a fiscal year, applications from employers in accordance with this subsection shall be granted in order of the highest compensation rate included in the application to the lowest. .

Summary: American Tech Workforce Act of 2021 This bill eliminates the Optional Practical Training Program and modifies requirements for H-1B visas (nonimmigrant workers in specialty occupations and fashion models). (The Optional Practical Training Program provides an eligible F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both.) Under this bill, the employer must pay an H-1B visa holder the greater of (1) the annual wage paid to a U.S. worker who did identical or similar work in the two years before the employer's H-1B application; or (2) $110,000, with this amount to be adjusted annually for inflation. Currently, the H-1B visa holder must be paid the greater of (1) the employer's actual wage for similarly qualified U.S. workers in the specific position, or (2) the local prevailing wage for the occupational classification. The bill also removes a requirement for the employer to provide the visa holder with working conditions such that the working conditions of similarly employed workers will not be affected. The bill imposes limits on assigning H-1B visa holders to third-party work sites, such as limiting the visa validity period to one year if the visa holder performs any part of their assignment at a third-party work site. The bill requires the H-1B applications with the highest listed compensation to be granted before those with lower listed compensation.