In late July, Representatives Tom Tiffany (R-WI) and Andrew Clyde (R-GA) and Senator Tom Cotton (R-AR) introduced the Colleges for the American People (CAP) Act (H.R. 4743/S. 2567), which seeks to remove the H-1B visa cap exemption for institutions of higher education.
Background
The H-1B visa program is designed to allow American employers to obtain highly skilled foreign workers for “specialty occupations” — positions typically requiring specialized knowledge and credentials — when they are met with domestic labor shortages in technical and scientific fields. Currently, the Department of Homeland Security (DHS) can issue up to 85,000 new H-1B visas each year — 65,000 under the regular cap, plus 20,000 reserved for individuals with advanced degrees from U.S. institutions. While most employers enter a lottery system for H-1B visas for new or prospective hires, some sectors are given exemption from the limit cap, including higher education.
The CAP Act
Specifically, the bill repeals Section 214(g)(5)(A) of the Immigration and Nationality Act, removing exemptions from the cap limit for institutions of higher education and “related or affiliated nonprofit entit[ies].” If passed, prospective university hires would have to undergo the standard H-1B visa application process, and higher education employers would enter the lottery system for visa distribution. The bill would not retroactively affect current visa holders; these individuals would retain their status and extensions for their existing visas would not count towards the cap until the six-year limit is reached.
Despite its introduction, the bill will likely face significant barriers to get it passed into law. Democrats are almost certain to oppose it, and some Republicans in states with strong academic ties may not support the legislation. Still, the bill could ultimately pass in the Republican-majority House, but will likely face greater obstacles in the Senate due to the slimmer Republican majority and the need for 60 votes to bypass a filibuster.
CUPA-HR will continue to monitor for updates related to this legislation and other employer-based immigration policy.