PROTECT Act of 2026
Sponsored By: Representative Kennedy, Mike [R-UT-3]
Introduced
Summary
This bill would tighten H-1B rules by setting a higher wage floor and restricting third-party placements while giving fee relief to certain health-care employers. It aims to steer H-1B use toward higher-paid, clearly defined jobs and ease costs for frontline health-care hires.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Higher H-1B pay, faster approvals
This bill would require employers filing H‑1B petitions to offer, for the full requested job period, an annual wage at least equal to the greater of: (A) what the employer paid a U.S. citizen or lawful permanent resident who did the same or a substantially similar job in the two years before the filing; or (B) $100,000 per year. The $100,000 floor would be adjusted each year for inflation starting the first July 1 after enactment using cumulative CPI‑U changes since enactment. The bill would also direct the government to prioritize H‑1B petition approvals in a fiscal year by higher offered pay, giving higher‑paying petitions priority over lower‑paying petitions regardless of filing order. These rules would apply to petitions filed on or after the date of enactment.
New limits on third‑party H‑1B work
This bill would bar issuing H‑1B status or a visa when any work is to be done at a third‑party worksite unless the petition shows the assignment is clearly defined, not speculative, and expected to continue for the full requested employment period. If any portion of the work will be at a third‑party site, the bill would limit the H‑1B visa validity for that work to no more than one year. These rules would apply to petitions filed on or after the date of enactment.
Fee exemption for healthcare H‑1Bs
This bill would exempt petitioners and beneficiaries from any fee or surcharge tied to filing a new H‑1B petition when the beneficiary is an eligible health‑care worker. To qualify, the petitioner would need to show, in the form DHS requires, that it tried in good faith to recruit and hire a U.S. citizen or lawful permanent resident and could not fill the position. The exemption would cover fees set by proclamation, rule, or guidance on or after September 19, 2025, and DHS would issue rules on required documentation. The rule would apply to petitions filed on or after the date of enactment.
Sponsors & CoSponsors
Sponsor
Kennedy, Mike [R-UT-3]
UT • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov