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 re-
ferred 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Tech Work-
force Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Sep 11 2014 
17:08 Dec 17, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6206.IH
H6206
pamtmann on DSKBC07HB2PROD with BILLS
(1) The H–1B visa has become a program used 
to supplant American workers with inexpensive for-
eign 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, ad-
justed 
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. 
VerDate Sep 11 2014 
22:23 Dec 20, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6206.IH
H6206
pamtmann on DSKBC07HB2PROD with BILLS
(7) The Optional Practical Training Program 
functions as a tax break for employers who do not 
employ Americans, and actively incentivizes such. 
SEC. 3. OPTIONAL PRACTICAL TRAINING PROGRAM TERMI-
NATED; EMPLOYMENT AUTHORIZATION TO 
TERMINATE AFTER COMPLETION OF COURSE 
OF STUDIES. 
(a) IN GENERAL.—Section 274A(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a) is amended by 
adding at the end the following: 
‘‘(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 au-
thorization in the United States pursuant to the Op-
tional Practical Training Program, or any such suc-
cessor program, and the Optional Practical Training 
Program shall be terminated. Any employment au-
thorization 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.’’. 
VerDate Sep 11 2014 
22:23 Dec 20, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6206.IH
H6206
pamtmann on DSKBC07HB2PROD with BILLS