,,ii #aaith ,,congress #ast ,session ,s4 #bhba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #af1 #bjbe,mr4 ,banks introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to reform the ,h-#a;,b nonimmigrant visa program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,tech ,workforce ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,h-#a;,b nonimmigrant visa is a program that is being used to supplant ,united ,states workers with inexpensive foreign labor4 7#b7 ,sixty percent of ,h-#a;,b nonimmigrant visas are assigned wage levels that are substantially below the local median wages for their relevant occupations4 7#c7 ,the ability to hire non-,united ,states workers at wages substantially below median wage levels1 adjusted for locality and occupation1 clearly disincentivizes the hiring of ,united ,states workers4 7#d7 ,in #bjbd1 the #h companies receiving the most initial approvals for ,h-#a;,b nonimmigrant visas were ,big ,tech companies1 including ,amazon1 ,meta1 ,google1 ,microsoft1 and ,apple1 which continues a #aj-year trend4 7#e7 ,the ,optional ,practical ,training ,program1 which was established without explicit congressional authorization-- 7,a7 was expanded by the ,obama ,administration for student visa holders who have completed their studies and earned a degree in a science1 technology1 engineering1 or math field to provide greater benefits to ,big ,tech companies2 7,b7 allows such student visa holders to work in the ,united ,states for up to #c years1 while waiving their employer's payroll tax withholding obligations with respect to such workers2 and 7,c7 functions as a tax break and significant incentive for employers not to employ ,united ,states workers4 #c4 ,termination of ,optional ,practical ,training ,program2 employment authorization to terminate after completion of course of studies 7a7 ,in general ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended by adding at the end the following3 7#d7 ,prohibition of employment authorization for certain aliens who are no longer engaged in full-time study in the united states 7,a7 ,termination of optional practical training ,the ,optional ,practical ,training ,program authorized under section #bad4b7;f77#aj77;ii7 of title #h1 ,code of ,federal ,regulations1 is terminated4 7,b7 ,in general ,notwithstanding any other provision of law1 an alien who is present in the ,united ,states as a nonimmigrant described in section #aja7;a77#ae77;,f77i7 may not be provided employment authorization in the ,united ,states through the ,optional ,practical ,training ,program1 or any successor program4 ,any employment authorization for a nonimmigrant described in section #aja7;a77#ae77;,f77i7 shall terminate upon the completion of the nonimmigrant's course of studies and may not be extended beyond such date of completion4 4 7b7 ,transition rule ,every application for ,optional ,practical ,training by a nonimmigrant described in section #aja7;a77#ae77;,f77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,f77i77 that is pending on the date of the enactment of this ,act shall be denied and any fees paid in conjunction with any such application shall be refunded4 #d4 ,other provisions regarding ,h-#a;,b nonimmigrant applications ,section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended-- 7#a7 in paragraph 7#a71 by amending subparagraph 7,a7 to read as follows3 7,a7 ,the employer is offering1 and will offer during the period of authorized employment1 an annual wage to the ,h-#a;,b nonimmigrant that is not less than the greater of-- 7i7 the annual wage that was paid to the ,united ,states citizen or lawful permanent resident employee who performed identical or similar work to the work to be performed by the ,h-#a;,b nonimmigrant during the #b-year period immediately preceding the date on which the employer filed such application2 or 7ii7 7,i7 #aej1jjj1 if offered during the #a-year period beginning on the date of the enactment of the ,american ,tech ,workforce ,act of #bjbe2 or 7,,ii7 for any #a-year period beginning on ,july #a after the period described in subclause 7,i71 the sum of-- 7aa7 the amount specified in subclause 7,i72 and 7bb7 such amount multiplied by the cumulative percentage change in the ,consumer ,price ,index since such date of enactment4 2 and 7#b7 by adding at the end the following3 7#f7 ,a visa issued to an ,h-#a;,b nonimmigrant pursuant to a petition filed by an employer pursuant to paragraph 7#a7 shall be valid for a period not to exceed #a year if any part of the work assigned to such ,h-#a;,b nonimmigrant will be performed at a third-party worksite4 7#g7 ,an ,h-#a;,b nonimmigrant visa may not be issued if any part of the work assigned to the ,h-#a;,b nonimmigrant for the beneficiary of the applicant will be performed at a third-party worksite unless such assignment-- 7,a7 is specific and nonspeculative2 and 7,b7 continues for the entire work period requested in the petition4 7#h7 ,in issuing an ,h-#a;,b nonimmigrant visa or granting such status to an alien during a fiscal year1 petitions from employers shall be approved by prioritizing petitions that offer higher compensation rates above petitions that offer lower compensation rates1 regardless of the order in which such petitions were filed4 4 #e4 ,rule of construction ,nothing in this ,act1 or in the amendments made by this ,act1 may be construed to authorize any ,federal agency to grant work authorization to any alien through any program that has not been authorized by an ,act of ,congress4