April 16, 2026
Mr. Kennedy of Utah introduced the following bill; which was referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to reform the H–1B nonimmigrant visa program, with exceptions for certain vital professions, and for other purposes.
Section 1. Short title
This Act may be cited as the Prioritizing Resources and Opportunities for Talent, Employment, Compliance, and Terms Act of 2026
or the PROTECT Act of 2026
.
Sec. 2. Provisions relating to H–1B nonimmigrant petitions
Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended as follows:
(1) Wage requirement
In subparagraph (A) of paragraph (1), to read as follows:
(A)
The employer has offered, and will continue to offer for the duration of the authorized period of employment, an annual wage to the H–1B nonimmigrant that is not less than the greatest of the following:
(i)
The annual wage paid by the employer to a United States citizen or lawful permanent resident who performed the same or substantially similar duties during the 2-year period immediately preceding the filing of the application.
(ii)
$100,000, as adjusted annually for inflation beginning on the first July 1 following the date of enactment of this Act, by increasing such amount by the cumulative percentage change in the Consumer Price Index for All Urban Consumers (CPI–U) since the date of enactment.
(2) Third-party worksite limitations; compensation-based prioritization
By adding at the end the following:
(6) Limitation on visa validity
An H–1B visa issued pursuant to an application filed under paragraph (1) shall be valid for a period not to exceed 1 year if any portion of the work performed by the H–1B nonimmigrant will take place at a third-party worksite.
(7) Conditions for third-party placement
No H–1B visa may be issued, and no H–1B status may be granted, if any portion of the work will be performed at a third-party worksite unless the work assignment—
(A)
is clearly defined and not speculative; and
(B)
is expected to continue for the full duration of employment requested in the petition.
(8) Petition prioritization
In adjudicating H–1B petitions during a fiscal year, the Secretary shall prioritize approval of petitions offering higher levels of compensation over petitions offering lower levels of compensation, without regard to the order in which such petitions were filed.
Sec. 3. Health care personnel exemption
Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by inserting after subsection (w) the following:
(x) Exemption for health care personnel
(1) In general
Notwithstanding any other provision of law, any fee or surcharge imposed on a petitioner or beneficiary in connection with the filing of a new H–1B visa petition (including any fee or surcharge established by presidential proclamation, regulation, or guidance on or after September 19, 2025) shall not apply to a petition filed on behalf of a health care worker described in paragraph (2).
(2) Eligibility
To be eligible for an exception under paragraph (1), the petitioner shall submit, in such form and manner as the Secretary of Homeland Security may require, evidence that—
(A)
the petitioner has made a good faith effort to recruit and hire a United States citizen or lawful permanent resident for the position for which the H–1B worker is sought; and
(B)
the petitioner was unable to fill such position with a qualified United States citizen or lawful permanent resident after such recruitment efforts.
(3) Standards and procedures for submission of documentation
The Secretary shall by rule establish standards and procedures for petitioners to submit documentation demonstrating compliance with the requirements set forth in paragraph (2), including evidence of job postings, outreach to domestic workers, and other recruitment activities as determined appropriate by the Secretary.
(4) Definition
For purposes of this section, the term
health care workermeans an individual who—(A)
is seeking classification as a nonimmigrant H–1B worker; and
(B)
is being petitioned for employment as a physician, registered nurse, licensed therapist, pharmacist, clinical laboratory professional, advanced practice provider, or other direct patient care professional in a health care facility or system, as defined under 42 U.S.C. section 300s–3 of the Public Health Service Act.
(5) Rule of construction
Nothing in this subsection shall be construed to limit the authority of the Secretary of Homeland Security to establish additional exemptions or to define categories through guidance consistent with this Act.
Sec. 4. Effective date
This Act shall take effect on the date of enactment and shall apply to any H–1B visa petition filed on or after such date.