PROTECT Act of 2026

Summary#

This bill would change how H-1B nonimmigrant visas are handled. It would set a minimum annual wage for H-1B workers of at least the greater of the employer’s pay for a similar U.S. worker or $100,000 (the $100,000 amount would be adjusted each year for inflation). It would limit H-1B visa validity to one year when any work is performed at a third-party worksite, require third-party assignments to be clearly defined and expected to last the full requested employment period, and instruct officials to prioritize approval of petitions that offer higher pay. The bill also creates a fee exemption for certain health care workers seeking new H-1B petitions, and defines eligible health care occupations like physicians, registered nurses, pharmacists, and other direct patient care professionals. The changes would apply to H-1B petitions filed on or after the date the bill becomes effective.

What it means for you#

  • Employers filing new H-1B petitions must offer an annual wage that meets the higher of the employer’s comparable wage or the $100,000 minimum (adjusted for inflation).
  • If any work will be done at a third-party worksite, the H-1B visa would be valid for no more than one year, and the job assignment must be clearly defined and expected to last the full petition period.
  • Petitions that offer higher wages would be considered before lower-paid petitions, regardless of filing order.
  • Employers petitioning for certain health care workers (physicians, registered nurses, licensed therapists, pharmacists, clinical lab professionals, advanced practice providers, and other direct patient care professionals) may be exempt from fees or surcharges for new H-1B petitions if they document recruitment efforts for U.S. workers and inability to fill the position.
  • The Secretary of Homeland Security would write rules on what recruitment documentation is needed.

Expenses#

  • The bill requires employers to pay at least the specified wage floor for H-1B workers, and it exempts certain fees or surcharges for eligible health care H-1B petitions.
  • No publicly available information on the total budgetary or economic impact of these changes is provided in the bill text.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.