The CAP Act: A Bid for Fairness in the Higher Education Visa Program

The Colleges for the American People Act, or CAP Act, seeks to reform the H-1B visa program by eliminating the exemption that allows institutions of higher education to hire unlimited foreign workers. Introduced by Reps. Tom Tiffany (WI-07) and Andrew Clyde (GA-09), the legislation aims to ensure that American students are not undercut by foreign workers in the job market. The CAP Act follows a report by Wisconsin Right Now, which revealed that the University of Wisconsin System employs 495 foreign nationals on H-1B visas, with total salaries approaching $43 million annually.

Key Takeaways:

  • The CAP Act seeks to reform the H-1B visa program by eliminating the exemption for institutions of higher education, requiring them to compete for visas under the standard 65,000-visa cap.
  • The legislation aims to ensure that American students are not undercut by foreign workers in the job market, as institutions of higher education currently employ 495 foreign nationals on H-1B visas, with total salaries approaching $43 million annually.
  • The CAP Act would require nonimmigrants seeking employment at higher education institutions to go through the standard H-1B visa application process, just like applicants in other industries.
  • The bill does not retroactively affect current visa holders, and extensions for existing H-1B employees at universities will not count against the cap.
  • The legislation would eliminate the backdoor hiring practices that undercut American workers, allowing institutions to prioritize training and hiring Americans first.
  • Rep. Tom Tiffany stated that "American students spend years earning degrees, only to watch universities hand good-paying jobs to foreign workers on special visas."
  • The CAP Act is a response to the report by Wisconsin Right Now, which highlighted the University of Wisconsin System's hiring of foreign nationals on H-1B visas.

Statistics:

  • 65,000: The number of H-1B specialty-occupation visas issued annually under the current Immigration and Nationality Act.
  • 495: The number of foreign nationals employed by the University of Wisconsin System on H-1B visas.
  • $43 million: The total annual salaries of foreign nationals employed by the University of Wisconsin System on H-1B visas.

Sources:

  • United States House of Representatives -- Representative Tom Tiffany (WI-07)
  • Wisconsin Right Now
  • The CAP Act text can be found here.
  • Fox News exclusive
  • MIL OSI USA News (http://milnz.co.nz/mil-osi-aggregation/)
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