# 119-s-5638: Protecting American Workers Through H–1B Modernization Act.

119-s-5638, Protecting American Workers Through H–1B Modernization Act., is a 119th Congress bill sponsored by Sen. Husted, Jon [R-OH] (R-OH); status introduced; PRIA reads it as touching household money (as of 2026-10-30).

- Canonical: https://policyrisk.com/legislation/119-s-5638
- As of: 2026-10-30
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-5638
- Congress: 119
- Title: Protecting American Workers Through H–1B Modernization Act.
- Status: introduced
- Introduced: 2026-09-30
- Sponsor: Sen. Husted, Jon [R-OH] (R-OH)
- Cosponsors: 0
- Policy area: Immigration
- Touches household money: yes
- Last recorded action: 2026-10-30

## Summary

**This bill would tie the H-1B exemption wage floor to twice the national average wage index.** It would replace the static $60,000 threshold for exempt H-1B nonimmigrants with a floor equal to two times the national average wage index defined in the Social Security Act for the most recently calculated year, making the exemption adjust with national wage growth.

## Provisions PRIA read

- Higher wage floor for H-1B workers: mixed, medium. If enacted, employers using this specific H-1B wage exemption would have to pay at least twice the national average wage index. The bill would replace the current $60,000 floor with that doubled, index-based wage for the most recently calculated year. Some H-1B workers in affected jobs would see a…

## Related bills

- 119-s-1541: SHIPS for America Act of 2025
- 119-s-2121: SUPPORT for Patients and Communities Reauthorization Act of 2025
- 119-s-4952: Protecting American Taxpayers Act
- 119-s-4378: Protecting American Taxpayers Act
- 119-s-3903: Railway Safety Act of 2026
- 119-s-5154: CHAT Act 2.0

## Sources
- [119-s-5638 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/5638)

## Related
- [119-s-1541: SHIPS for America Act of 2025](https://policyrisk.com/legislation/119-s-1541)
- [119-s-2121: SUPPORT for Patients and Communities Reauthorization Act of 2025](https://policyrisk.com/legislation/119-s-2121)
- [119-s-4952: Protecting American Taxpayers Act](https://policyrisk.com/legislation/119-s-4952)
- [119-s-4378: Protecting American Taxpayers Act](https://policyrisk.com/legislation/119-s-4378)
- [119-s-3903: Railway Safety Act of 2026](https://policyrisk.com/legislation/119-s-3903)
- [119-s-5154: CHAT Act 2.0](https://policyrisk.com/legislation/119-s-5154)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-5638 (as of 2026-10-30).