WASHINGTON, DC – This week, Reps. Tom Tiffany (WI-07) and Andrew Clyde (GA-09) introduced the Colleges for the American People Act, also known as the CAP Act. This legislation would remove the H-1B visa cap exemption for institutions of higher education.
Under today’s Immigration and Nationality Act, the Department of State may issue 65,000 H-1B specialty-occupation visas each year. However, employees of higher-education institutions are exempt from that limit, which allows universities to hire unlimited foreign workers. The CAP Act would require all prospective university hires—from administrative staff to professors—to compete for an H-1B visa under the standard 65,000-visa cap.
“American students spend years earning degrees, only to watch universities hand good-paying jobs to foreign workers on special visas,” said Congressman Tiffany. “The CAP Act ensures our institutions invest in the people they are meant to serve and ends the backdoor hiring practices that undercut American workers.”
Background:
This legislation follows a report by Wisconsin Right Now, which revealed that the University of Wisconsin System is currently employing 495 foreign nationals on H-1B visas, with total salaries approaching $43 million annually. At the same time, the UW System has raised tuition for students, citing increased operational costs.
The CAP Act eliminates the current exemption that allows colleges and universities to bypass the H-1B visa cap. Under this legislation, nonimmigrants seeking employment at higher education institutions would be required 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. Extensions for existing H-1B employees at universities will not count against the cap and may continue until the normal six-year limit, after which the standard rules would apply. This commonsense reform ensures schools prioritize training and hiring Americans first.
The text of the CAP Act can be found here. Click here for the Fox News exclusive.
Last Update: Jul 25, 2025 11:38 am CDT
