FOR IMMEDIATE RELEASE
Contact: Caroline Tabler or Patrick McCann (202) 224-2353
July 31, 2025

Cotton Introduces Bill to End H-1B Visa Loophole for Universities

Washington, DC — Senator Tom Cotton (R-Arkansas) today introduced the Colleges for the American People (CAP Act), which would remove the H1-B visa cap exemption for foreigners employed by colleges and universities.

Under current law, foreign professors hired by colleges and universities are exempt from the Department of State’s permitted 65,000 H-1B specialty-occupation visas—allowing them to hire an unlimited number of foreign workers. The CAP Act would require all prospective university hires to compete for an H-1B visa under the standard 65,000-visa cap. Congressman Tom Tiffany (Wisconsin-07) introduced companion legislation in the House of Representatives.

“College and universities shouldn’t get special treatment to bring in more woke administrators and professors from around the world. In addition to securing our southern border, it’s also past time to fix our broken legal immigration system. Getting rid of this loophole is a good place to start,” said Senator Cotton. 

“Instead of importing foreign labor, American universities need to invest in developing their own students for roles in leadership and teaching. The CAP Act makes sure American graduates get those opportunities,” said Congressman Tom Tiffany.

Text of the bill can be found here.

The Colleges for American People Act would:

  • 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.
  • 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.