S2821-119

What This Bill Does

The American Tech Workforce Act of 2025 makes major restrictions to the H-1B visa program and eliminates the Optional Practical Training (OPT) program. It terminates OPT, which allowed international students on F-1 visas to work in the U.S. for up to 3 years after completing STEM degrees, and prohibits any employment authorization for F-1 visa holders after completing their studies. For H-1B visas, it sets a minimum annual wage of $150,000 (indexed to CPI), requires that wages match or exceed what was paid to U.S. workers in similar roles over the prior 2 years, limits visa validity to 1 year for third-party worksite assignments, requires that third-party worksite assignments be specific and nonspeculative, and prioritizes H-1B petitions by compensation level rather than filing order.

Who Benefits and How

• U.S. domestic workers in tech and STEM fields: Reduced competition from lower-wage foreign workers; employers must now pay at least $150,000 for H-1B roles, making it costlier to substitute foreign for domestic labor.
• U.S. workers generally: Elimination of OPT removes a category of workers who could be hired without employer payroll tax obligations, removing a cost advantage for hiring foreign students.
• Domestic STEM graduates: With OPT eliminated, employers have fewer alternatives to hiring U.S. graduates.

Who Bears the Burden and How

• Big Tech companies (Amazon, Meta, Google, Microsoft, Apple): Explicitly targeted in the findings; face dramatically higher costs for H-1B workers and loss of OPT pipeline.
• IT outsourcing and staffing firms: Third-party worksite restrictions and 1-year visa limits severely constrain their business model.
• International students in the U.S.: Lose post-graduation work authorization entirely; OPT applications in progress will be denied.
• Foreign skilled workers: The $150,000 minimum wage floor prices out many specialty occupation positions.
• Universities and STEM programs: May see reduced international student enrollment as the U.S. becomes less attractive without post-graduation work options.
• Startups and small tech companies: The $150,000 floor may be disproportionately burdensome compared to large firms.

Key Provisions

• Terminates the Optional Practical Training (OPT) program for F-1 visa holders (Section 3)
• Prohibits any employment authorization for F-1 visa holders after completing studies (Section 3)
• Pending OPT applications are denied and fees refunded (Section 3)
• Sets H-1B minimum annual wage at $150,000, indexed to CPI (Section 4)
• H-1B wage must also match or exceed wages paid to U.S. workers in similar roles over prior 2 years (Section 4)
• Limits H-1B visa to 1 year for third-party worksite assignments (Section 4)
• Third-party worksite assignments must be specific and nonspeculative for the entire work period (Section 4)
• H-1B petitions prioritized by compensation level, not filing order (Section 4)
• Rule of construction prevents agencies from granting unauthorized work permits (Section 5)