PROTECT Act of 2026
Sponsored By: Representative Kennedy, Mike [R-UT-3]
Introduced
Summary
This bill would set a $100,000 minimum wage floor for most H-1B visas, adjusted annually by the Consumer Price Index for All Urban Consumers (CPI-U). It would also tighten third-party worksite rules, require adjudicators to prioritize higher-paid petitions, and create a targeted fee exemption for certain health care personnel when employers document recruitment efforts.
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- Workers: H-1B beneficiaries would require employers to pay at least a wage tied to a comparable U.S. worker or the $100,000 floor, adjusted by CPI-U.
- Employers placing workers offsite: Visas would carry a one-year validity cap if any work is done at a third-party site, and employers must show the assignment is defined, non-speculative, and expected to last the petition.
- Health care personnel: Certain health care roles would be exempt from H-1B petition fees and surcharges if employers document attempts to recruit U.S. workers and meet standards set by the Department of Homeland Security.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Higher pay rules for H-1B petitions
This bill would require employers to pay H‑1B workers at least the higher of two amounts. One is the wage the employer paid a U.S. worker in the same job during the prior two years. The other is $100,000 a year, which would rise each July 1 by the cumulative change in the CPI‑U since enactment. The Department of Homeland Security would also prioritize processing petitions that offer higher pay over lower‑pay petitions, regardless of filing order. These rules would apply to H‑1B petitions filed on or after the date of enactment.
Fee waiver for certain H-1B health workers
This bill would exempt any fee or surcharge for a new H‑1B petition filed for an eligible health care worker. To get the waiver, the petitioner would need to show, in the form DHS requires, that they made a good faith effort to recruit and hire a U.S. citizen or lawful permanent resident and could not fill the position. The exemption would cover fees or surcharges set by proclamation, regulation, or guidance on or after September 19, 2025. The Secretary of Homeland Security would write rules about what proof is needed and how to submit it.
New limits on third-party H-1B worksites
This bill would limit H‑1B work at third‑party worksites. If any part of the work is at a third party, the H‑1B visa would be valid for no more than one year. The bill would bar H‑1B issuance or status if the assignment is speculative, not clearly defined, or not expected to last for the full time requested in the petition.
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