PROTECT Act of 2026
- Sponsor
- Rep. Kennedy, Mike [R-UT-3]
- Committees
- Judiciary Committee (primary)
- Last action
- Apr 16, 2026
Bottom line
The PROTECT Act aims to reform the H-1B visa program by raising wage standards and restricting third-party placements to protect domestic jobs, while providing a fee exemption for critical health care professions.
What it actually does
This bill reforms the H-1B nonimmigrant visa program by significantly increasing the minimum wage requirement for H-1B workers to the greater of $100,000 (adjusted for inflation) or the wage paid to a comparable U.S. worker. It also imposes strict limitations on H-1B visa validity and conditions for work performed at third-party worksites, and mandates that H-1B petitions be prioritized based on higher compensation. Additionally, the bill creates an exemption from certain H-1B fees and surcharges for health care workers, provided employers demonstrate good faith recruitment efforts for U.S. citizens or lawful permanent residents.
Proponents argue
Supporters argue that the bill protects American jobs and wages by ensuring H-1B visas are used for genuinely high-skilled, high-wage positions, preventing companies from undercutting domestic salaries. They contend that prioritizing higher-wage petitions and restricting third-party placements will make the H-1B program more merit-based and reduce its misuse for outsourcing. The health care exemption is viewed as a pragmatic solution to address critical shortages in vital medical professions without compromising domestic worker protections.
Opponents contend
Critics might argue that the significantly increased wage floor could make it prohibitively expensive for smaller businesses and startups to hire specialized talent, potentially stifling innovation and growth. They may also contend that the stringent restrictions on third-party worksites could disrupt legitimate business models, reduce flexibility for companies needing specialized short-term expertise, and negatively impact the IT consulting industry. Some might also argue that the health care exemption creates an uneven playing field for other industries facing talent shortages.
The bill is relatively short and clearly structured, making it accessible for a quick but informed review by interested parties.
Section 2(1), amending Section 212(n)(1)(A) of the Immigration and Nationality Act
Increased H-1B Wage Requirement
This provision mandates that employers offer H-1B nonimmigrants an annual wage that is not less than the greater of $100,000 (adjusted annually for inflation based on the Consumer Price Index for All Urban Consumers, CPI-U) or the actual wage paid by the employer to a U.S. citizen or lawful permanent resident performing substantially similar duties in the preceding two years. This significantly raises the minimum wage floor for H-1B workers.
Supporters argue
Supporters argue this ensures H-1B visas are used for highly skilled, highly compensated positions, preventing companies from using the program to replace American workers with cheaper foreign labor. It aims to protect domestic wages and ensure fair competition.
Critics contend
Critics might argue that a high, fixed wage floor could make it difficult for startups and smaller companies, particularly in regions with lower cost of living, to hire specialized talent, potentially hindering innovation and growth. It might also disproportionately affect certain industries or roles.
Tradeoffs
This provision balances the goal of protecting domestic wages and jobs against concerns about limiting access to specialized foreign talent, particularly for companies that cannot afford higher salaries.
Section 2(2), adding new paragraphs (6) and (7) to Section 212(n) of the Immigration and Nationality Act
Restrictions on H-1B Placements at Third-Party Worksites
This provision limits the validity of an H-1B visa to a maximum of one year if any portion of the work is performed at a third-party worksite. Furthermore, it prohibits the issuance of an H-1B visa for third-party placements unless the work assignment is clearly defined, not speculative, and expected to continue for the full duration of employment requested in the petition.
Section 2(2), adding new paragraph (8) to Section 212(n) of the Immigration and Nationality Act
Compensation-Based H-1B Petition Prioritization
This provision mandates that when adjudicating H-1B petitions during a fiscal year, the Secretary shall prioritize the approval of petitions offering higher levels of compensation over those offering lower levels of compensation, regardless of the order in which they were filed. This means that in the annual H-1B lottery, petitions for higher-paid workers would be selected first.
Section 3, adding new subsection (x) to Section 286 of the Immigration and Nationality Act
H-1B Fee Exemption for Health Care Workers
This provision exempts petitioners for certain health care workers (including physicians, registered nurses, licensed therapists, pharmacists, and other direct patient care professionals) from any H-1B visa petition fees or surcharges established on or after September 19, 2025. To qualify, petitioners must demonstrate a good faith effort to recruit and hire U.S. citizens or lawful permanent residents for the position without success.
The exemption for health care personnel from H-1B fees and surcharges specifically applies to those "established by presidential proclamation, regulation, or guidance on or after September 19, 2025."
Section 3(1)
Why it matters:This is standard legislative practice to precisely define the scope and applicability of a provision, often targeting recent administrative actions. It is not necessarily evasive.
Case for: Supporters would argue this targets specific, recently imposed fees that they believe are unduly burdensome, particularly for the healthcare sector, providing targeted relief.
Case against: Critics might argue that singling out fees from a specific date could be seen as politically motivated, rather than a comprehensive review of all H-1B fees, potentially creating an inconsistent policy framework.
Estimated impact: Potentially significant cost savings for healthcare petitioners if substantial fees were imposed around or after that date, reducing revenue for USCIS.
The $100,000 minimum wage for H-1B workers is subject to annual adjustment for inflation, specifically using the "Consumer Price Index for All Urban Consumers (CPI-U)" starting on the first July 1 following the date of enactment.
Section 2(1)(ii)
Why it matters:This is standard technical detail for indexing monetary values in legislation. It ensures the wage floor maintains its real value over time and is not necessarily evasive.
Case for: Proponents would argue that indexing the wage to inflation is crucial to ensure the minimum wage remains effective in protecting domestic wages and attracting high-skilled talent over the long term, adapting to economic changes.
Case against: Opponents might argue that tying it to a specific index like CPI-U might not perfectly reflect wage growth in specific tech sectors, or that automatic adjustments remove congressional oversight and flexibility for future policy adjustments.
Estimated impact: Ensures the $100,000 floor increases annually, maintaining its purchasing power and its impact on H-1B salaries over time, rather than becoming stagnant.