Senator Tom Cotton (R-Arkansas) has introduced the Colleges for the American People (CAP Act), a bill aimed at changing how colleges and universities hire foreign workers through the H-1B visa program. The legislation would remove the exemption that currently allows higher education institutions to hire an unlimited number of foreign professors and staff under the H-1B visa, which is otherwise capped at 65,000 per year.
Under existing law, employees of colleges and universities are not subject to this annual limit, allowing these institutions to bypass restrictions faced by other industries. The CAP Act would require all university hires, including both administrative staff and professors, to compete for an H-1B visa within the standard cap.
Congressman Tom Tiffany (Wisconsin-07) has introduced companion legislation in the House of Representatives.
“College and universities shouldn’t get special treatment to bring in more woke administrators and professors from around the world. In addition to securing our southern border, it’s also past time to fix our broken legal immigration system. Getting rid of this loophole is a good place to start,” said Senator Cotton.
“Instead of importing foreign labor, American universities need to invest in developing their own students for roles in leadership and teaching. The CAP Act makes sure American graduates get those opportunities,” said Congressman Tom Tiffany.
The bill does not retroactively affect current H-1B visa holders working at universities. Extensions for these employees will not count against the cap until they reach their normal six-year limit; after that point, standard rules will apply.
This proposed change is intended as a reform to ensure that schools prioritize training and hiring American graduates first.
