PROTECT Act of 2026

Key Points

• The bill sets a new minimum salary of $100,000 per year for H-1B visa workers, adjusted annually for inflation. If a company already pays an American worker more than that for the same job, the H-1B worker must receive at least that higher amount.
• Instead of a random lottery, the government would approve H-1B petitions based on which employers offer the highest pay. This means the best-compensated positions get priority, and lower-paying roles may not receive visas at all.
• Companies that place H-1B workers at a third-party worksite (like an IT outsourcing firm sending workers to a client's office) would face much tighter rules. Their visas would be limited to just one year, and the work assignment must be clearly defined and expected to last the full visa period.
• Doctors, nurses, therapists, pharmacists, and other healthcare workers on H-1B visas would be exempt from certain filing fees and surcharges. To qualify, the employer must prove it tried and failed to hire an American or permanent resident for the role.
• The bill takes effect immediately upon becoming law and applies to any H-1B petition filed on or after that date, meaning current visa holders would not be affected until they seek renewal or a new petition is filed.