Prioritizing American Talent Act
- Sponsor
- Sen. Scott, Rick [R-FL]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 18, 2026
Bottom line
The bill aims to significantly restrict work opportunities for foreign students in the U.S. by requiring explicit Congressional approval for their employment and rescinding related DHS funds.
What it actually does
This bill prohibits the Department of Homeland Security (DHS) from using any funds, including those from the Immigration Examinations Fee Account, to process, approve, renew, or extend employment authorizations for foreign students holding F or M visas, unless such employment is explicitly authorized by a separate Act of Congress. It also mandates the rescission of unobligated balances in the Immigration Examinations Fee Account that are attributable to fees collected for these now-prohibited authorizations.
Proponents argue
Proponents argue that this bill prioritizes American workers and talent, ensuring that job opportunities are reserved for U.S. citizens and permanent residents, especially in a competitive job market. They contend it addresses concerns about potential displacement of American workers by foreign student labor and promotes fiscal responsibility by rescinding funds for unauthorized activities.
Opponents contend
Opponents contend that this bill would severely harm U.S. competitiveness, reduce the attractiveness of U.S. educational institutions to top global talent, and deprive the economy of skilled individuals, particularly in critical STEM fields. They argue it complicates the lives of international students who rely on practical training for career development and could lead to a 'brain drain'.
The bill is very short and uses clear language, making it highly accessible for a reader to quickly understand its core provisions and implications.
Section 2(a)
Prohibition on Funds for Foreign Student Work Authorizations
This provision prohibits the Department of Homeland Security (DHS) from using any funds, including those from the Immigration Examinations Fee Account, to process, approve, renew, or extend employment authorization applications for F (academic) or M (vocational) nonimmigrant students. This prohibition applies unless such employment is explicitly authorized by a separate Act of Congress, effectively ending programs like Optional Practical Training (OPT) without new legislation.
Supporters argue
Proponents argue that this provision directly protects American jobs and ensures that foreign students do not displace U.S. workers, aligning with the bill's stated goal of 'Prioritizing American Talent.' They believe it will create more opportunities for domestic graduates.
Critics contend
Opponents contend that this provision would severely hinder the U.S.'s ability to attract and retain global talent, potentially leading to a 'brain drain' and reducing innovation. They argue that many foreign students fill critical skill gaps and contribute significantly to the U.S. economy.
Tradeoffs
This provision navigates the tension between protecting the domestic job market for U.S. citizens and permanent residents, and the benefits of attracting and retaining highly skilled international talent for economic growth and innovation.
Section 2(b) and 2(c)
Rescission of Immigration Examinations Fee Account Funds
This provision mandates the rescission of unobligated balances in the Immigration Examinations Fee Account that the Secretary of Homeland Security determines are reasonably attributable to fees collected for processing foreign student employment authorizations that are no longer permitted under the Act. The Secretary is required to make this determination within 30 days of the bill's enactment.