S 2821119th CongressIn Committee

American Tech Workforce Act of 2025

Introduced: Sep 16, 2025

Sponsor: Sen. Banks, Jim [R-IN] (R-Indiana)

Labor & EmploymentTechnology & Innovation

Standard Summary

Comprehensive overview in 1-2 paragraphs

The American Tech Workforce Act of 2025 would overhaul the H-1B visa program and related guest-worker and student-work authorization provisions. The bill terminates the Optional Practical Training (OPT) program for nonimmigrant students and bars employment authorization for such students after they complete their studies. It also tightens the H-1B program by adding a wage-floor requirement (starting at $150,000 and indexed annually by CPI, with the higher of this wage or the prior U.S. worker’s wage for similar work used as a baseline), imposes strict limits on third-party worksite placements, and directs U.S. employers to prioritize higher-compensation petitions in the H-1B allocation process. The overarching aim appears to be to reduce reliance on foreign labor under the H-1B program, protect U.S. workers, and raise compensation levels for H-1B positions. In short, if enacted, the bill would substantially raise the cost and complexity of hiring foreign workers in tech and related fields, curb some categories of student work after graduation, and reorient H-1B approvals toward higher-wage positions and more tightly controlled third-party employment arrangements.

Key Points

1Termination of Optional Practical Training (OPT) for certain nonimmigrants and end of employer-approved employment authorization tied to OPT; pending OPT applications would be denied and fees refunded.
2Introduction of a wage floor for H-1B hires: employers must pay at least the greater of (a) the prior two-year average wage paid to U.S. workers in similar positions or (b) a wage floor starting at $150,000 (indexed to CPI and adjusted annually thereafter).
3Limits on third-party worksite placements for H-1B holders: visas may be valid for no more than one year when any portion of work occurs at a third-party site, and such assignments must be specific, non-speculative, and cover the entire work period.
4Prioritization of higher wages in H-1B visa adjudications: petitions offering higher compensation would be approved ahead of lower-compensation petitions, regardless of filing order.
5Rule of construction: the act makes clear that nothing in it authorizes work authorization through programs not explicitly authorized by Congress.

Impact Areas

Primary group/area affected- U.S. workers in technology and related fields (potential wage improvements, reduced displacement risk).- Employers who sponsor H-1B workers (increased costs, stricter compliance, and potential hiring constraints).- H-1B visa applicants and legal specialists (changes to eligibility, wage criteria, and adjudication priorities).Secondary group/area affected- International students on F-1 visas (OPT eliminated; loss of post-graduate work authorization under OPT; potential impact on STEM graduates seeking U.S. work experience).- U.S. universities and colleges (influenced by shifts in OPT and STEM employment patterns; potential changes to international student enrollment and collaboration).Additional impacts- Compliance and administrative burden for employers and immigration programs.- Potential shifts in U.S. labor market dynamics in tech and engineering sectors, including hiring strategies and wage levels.- Possible effects on innovation pipelines and global competitiveness if access to specialized talent is curtailed.- Potential legal or regulatory challenges as employers adapt to new wage, employment-authorization, and placement rules.

Generated by gpt-5-nano on Oct 2, 2025