PROTECT Act of 2026
- Bill Number
- H.R. 8335
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-04-16: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-05-07T21:22:38Z
AI-Generated Summary
Purpose
The PROTECT Act of 2026 (H.R. 8335) aims to reform the H-1B nonimmigrant visa program—used by U.S. employers to hire skilled foreign workers temporarily—by raising wage standards, limiting third-party worksite placements, prioritizing higher-paid jobs, and exempting certain health care professionals from new fees. This seeks to protect U.S. workers, ensure fair compensation, and address program abuses while allowing exceptions for vital professions.
Key Provisions
- Wage Requirements: Employers must offer H-1B workers an annual wage equal to the greater of:
- The wage paid to a U.S. citizen or lawful permanent resident (green card holder) for the same or similar duties in the prior 2 years.
- $100,000 (adjusted annually for inflation using the Consumer Price Index starting July 1 after enactment).
- Third-Party Worksite Limits:
- H-1B visas are valid for no more than 1 year if work occurs at a third-party site (e.g., client location rather than employer's site).
- Placements must have clearly defined, non-speculative work expected to last the full petition period.
- Petition Prioritization: U.S. Citizenship and Immigration Services (USCIS) must prioritize approving H-1B petitions offering higher wages, regardless of filing order (replacing the traditional random lottery).
- Health Care Exemption: No fees or surcharges apply to new H-1B petitions for health care workers (e.g., physicians, nurses, therapists, pharmacists) if the employer proves a good-faith recruitment effort for U.S. workers failed. USCIS will set standards for evidence like job postings.
Significant Changes to Existing Law
- Amends Immigration and Nationality Act (INA) Section 212(n): Replaces prevailing wage rules with a higher, employer-specific floor tied to recent U.S. worker pay or $100,000+.
- Adds INA Section 286(x): Introduces fee exemptions for health care H-1B petitions and new restrictions/prioritization for all petitions.
- Shifts from filing-date lottery to compensation-based processing.
- Applies to petitions filed on or after enactment.
Potential Impacts
- Employers: Increased costs (higher wages, shorter visas for third-party work) may limit use by staffing/consulting firms; prioritization favors high-paying tech/finance jobs.
- U.S. Citizens/Lawful Permanent Residents: Better wage protection in skilled fields; reduced competition from lower-wage H-1B hires.
- H-1B Workers: Fewer opportunities in low-wage or third-party roles; exemptions ease health care access.
- Government Agencies: USCIS gains workload from prioritization, recruitment verification, and rule-making; potential revenue loss from fee exemptions.
- Health Care Sector: Easier hiring of foreign professionals amid shortages.
- No direct international relations impact noted.
Main Stakeholders Affected
- U.S. Employers: Especially tech, IT consulting, outsourcing firms (restricted), and health care providers (benefited).
- U.S. Workers: In skilled occupations like IT, engineering, and health care (protected from wage suppression).
- H-1B Visa Holders: Primarily from India/China in tech; face stricter rules but health care pathways.
- Federal Agencies: USCIS (Department of Homeland Security) for processing/oversight.
- Health Care Facilities: Hospitals/systems needing specialized staff.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens USCIS enforcement against H-1B abuses (e.g., "bench-and-switch" at third-party sites); requires new regulations for recruitment proof and definitions.
- Constitutional: Aligns with Congress's plenary power over immigration; no apparent free speech, due process, or equal protection issues.
- Political: Balances worker protections with talent needs; exemptions highlight health care priorities post-shortages; may spark debate on wage floors vs. innovation competitiveness.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-04-16: Referred to the House Committee on the Judiciary.
- 2026-04-16: Introduced in House
- 2026-04-16: Introduced in House
Bill Versions
- Prioritizing Resources and Opportunities for Talent, Employment, Compliance, and Terms Act of 2026 — issued 2026-04-16 — PDF (6 pages)