Central Wisconsin News

Wisconsin Representative Tom Tiffany has introduced legislation aimed at closing what he describes as a "special H-1B visa loophole" used by universities to hire unlimited foreign workers. The proposed Colleges for the American People Act, or CAP Act, seeks to ensure that American workers are prioritized in hiring practices.

"Universities enjoy a special H-1B visa loophole, allowing them to hire unlimited foreign workers," said Rep. Tom Tiffany (R-Wi). "My CAP Act closes it. Our universities should be training and hiring Americans first."

According to Tiffany and Andrew Clyde, who co-introduced the bill, the CAP Act would eliminate the exemption allowing higher education institutions to hire an unlimited number of foreign workers under the H-1B visa program. Currently, while the Department of State issues 65,000 H-1B specialty-occupation visas annually, universities are not subject to this cap. The CAP Act would require all university hires, including professors and administrative staff, to compete under the standard visa cap.

"American students spend years earning degrees, only to watch universities hand good-paying jobs to foreign workers on special visas," said Tiffany in a press release. He added that "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."

A recent report highlighted that the University of Wisconsin System employs 495 foreign nationals on H-1B visas with combined salaries nearing $43 million annually. The CAP Act proposes removing the exemption for universities and requiring them to adhere to the standard H-1B visa process used by other industries. Current H-1B visa holders at universities could continue extensions up to a six-year maximum before new rules apply. The bill aims to place all new foreign hires under existing visa caps and processes.

Tiffany represents Wisconsin's 7th Congressional District and was elected in May 2020 during a special election. He grew up on a dairy farm near Elmwood, Wisconsin, and holds a degree in agricultural economics from the University of Wisconsin – River Falls. Before his tenure in Congress, Tiffany served in both the Wisconsin State Assembly and State Senate with a focus on tax reduction, job creation, and protection of 2nd Amendment rights.