This legislation proposes to terminate a specific exemption within the H-1B nonimmigrant visa program. Currently, H-1B nonimmigrants employed by institutions of higher education are exempt from the annual numerical limitations, meaning their visas do not count against the congressionally mandated cap. The bill seeks to remove this special provision by amending the Immigration and Nationality Act. Specifically, it strikes subparagraph (A) of Section 214(g)(5), which grants the exemption. If enacted, this change would subject all H-1B nonimmigrants, including those working in academia, to the same annual visa cap. The measure aims to ensure a more uniform application of H-1B visa limits across all employment sectors.
Read twice and referred to the Committee on the Judiciary.
Immigration
CAP Act of 2025
USA119th CongressS-2567| Senate
| Updated: 7/31/2025
This legislation proposes to terminate a specific exemption within the H-1B nonimmigrant visa program. Currently, H-1B nonimmigrants employed by institutions of higher education are exempt from the annual numerical limitations, meaning their visas do not count against the congressionally mandated cap. The bill seeks to remove this special provision by amending the Immigration and Nationality Act. Specifically, it strikes subparagraph (A) of Section 214(g)(5), which grants the exemption. If enacted, this change would subject all H-1B nonimmigrants, including those working in academia, to the same annual visa cap. The measure aims to ensure a more uniform application of H-1B visa limits across all employment sectors.