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GOP Bill Seeks to End University Exemption From H-1B Visa Cap

Legislation would fold university H-1B hires into the capped visa pool, exempting existing staff from the new limits.

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Rep. Tom Tiffany, R-Wisc., participates in the Republican Study Committee press conference on the RSCs FY2022 budget proposal in the Rayburn House Office Building on Wednesday, May 19, 2021. (Bill Clark/CQ-Roll Call, Inc via Getty)

Overview

  • Rep. Tom Tiffany introduced the Colleges for the American People Act on July 24 with Rep. Andrew Clyde as co-sponsor.
  • The bill would repeal the statutory exemption that currently allows U.S. colleges and universities to hire unlimited H-1B visa holders outside the 65,000-plus-20,000 cap.
  • Existing university H-1B holders would remain exempt from the new cap when applying for extensions but new hires would count toward the annual limit.
  • The legislation has been formally referred to the House committee and awaits further review and debate.
  • The move follows DHS proposals to implement a wage-weighted lottery and other integrity measures aimed at prioritizing higher-paid H-1B applicants.