American Tech Workforce Act of 2021
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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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on December 9, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 1, 2022: Referred to the Subcommittee on Immigration and Citizenship.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Jim Banks (R-IN) introduced it on December 9, 2021, and 17 members have since signed on as cosponsors.
They are 17 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on December 9, 2021, 1736 days ago. The most recent recorded action was 1409 days ago, on November 1, 2022.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers