Findings

Congress finds the following: (1) The H–1B nonimmigrant visa is a program that is being used to supplant United States workers with inexpensive foreign labor. (2) Sixty percent of H–1B nonimmigrant visas are assigned wage levels that are substantially below the local median wages for their relevant occupations. (3) The ability to hire non-United States workers at wages substantially below median wage levels, adjusted for locality and occupation, clearly disincentivizes the hiring of United States workers. (4) In 2024, the 8 companies receiving the most initial approvals for H–1B nonimmigrant visas were Big Tech companies, including Amazon, Meta, Google, Microsoft, and Apple, which continues a 10-year trend. (5) The Optional Practical Training Program, which was established without explicit congressional authorization— (A) was expanded by the Obama Administration for student visa holders who have completed their studies and earned a degree in a science, technology, engineering, or math field to provide greater benefits to Big Tech companies; (B) allows such student visa holders to work in the United States for up to 3 years, while waiving their employer’s payroll tax withholding obligations with respect to such workers; and (C) functions as a tax break and significant incentive for employers not to employ United States workers.