Protecting American Workers Through H–1B Modernization Act
- Sponsor
- Rep. Grothman, Glenn [R-WI-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Oct 13, 2026
Bottom line
This bill substantially raises the minimum salary for certain H-1B visa holders, aiming to reduce competition with American workers and ensure higher compensation for specialized foreign talent.
What it actually does
This bill amends the Immigration and Nationality Act to significantly increase the minimum wage requirement for H-1B nonimmigrant workers who are exempt from certain labor condition application requirements. It changes the fixed $60,000 threshold to a dynamic standard, mandating a wage of "not less than twice the national average wage index" for the most recently calculated year.
Proponents argue
Supporters argue this modernization prevents the H-1B program from being used to depress wages for American workers by ensuring that exempt foreign workers are paid at a premium, reflecting their specialized skills and reducing incentives for companies to hire them over equally qualified Americans for cost savings.
Opponents contend
Opponents might argue that significantly increasing the wage threshold could make it harder for businesses, especially startups or those in less affluent regions, to hire necessary specialized talent, potentially hindering innovation and economic growth and making the U.S. less competitive globally.
The bill text is extremely short and easy to read, allowing for quick comprehension of its direct impact.
Section 2
Modernization of Exempt H-1B Nonimmigrant Wage
This provision amends section 212(n)(3)(B)(i)(I) of the Immigration and Nationality Act to change the minimum wage requirement for certain H-1B visa holders who are exempt from specific labor condition application requirements. Previously set at "at least $60,000," the new requirement mandates a wage "not less than twice the national average wage index (as defined in section 209(k)(1) of the Social Security Act (42 U.S.C. 409(k)(1)) for the most recently calculated year." This change links the minimum wage to a dynamic economic indicator, ensuring it adjusts with national wage trends.
Supporters argue
Supporters argue this ensures H-1B workers are truly highly skilled and compensated appropriately, preventing the program from being used to undercut domestic wages. It protects American jobs and wages by removing the incentive to hire foreign workers simply because they can be paid less than their American counterparts.
Critics contend
Critics might argue that this significant increase could make it difficult for companies, especially smaller ones or those in regions with lower cost of living, to afford the specialized talent they need, potentially stifling innovation and growth. It could also lead to fewer H-1B visas being utilized, impacting global talent acquisition strategies.
Tradeoffs
The bill balances the goal of protecting American wages and jobs with the need for businesses to access global specialized talent. It trades off potential cost savings for businesses against higher wage standards for H-1B workers and reduced competition for domestic workers, potentially impacting the overall competitiveness of U.S. industries.