PROTECT Act of 2026

This legislation, known as the PROTECT Act of 2026, significantly amends the H-1B nonimmigrant visa program by establishing new wage requirements. Employers must now offer H-1B nonimmigrants an annual wage that is the greater of either the wage paid to a similarly employed U.S. citizen or lawful permanent resident, or a minimum of $100,000, adjusted annually for inflation . These changes aim to ensure H-1B workers receive competitive compensation. The bill also introduces stricter conditions for H-1B employment at third-party worksites , limiting visa validity to one year in such cases and prohibiting visas if the work assignment is speculative or not expected to last the full employment duration. Furthermore, the Secretary is directed to prioritize H-1B petitions offering higher levels of compensation , regardless of their filing order. A notable exemption is created for certain health care personnel , who are exempt from specific H-1B fees and surcharges if the petitioner demonstrates good faith efforts to recruit U.S. workers were unsuccessful for positions like physicians, nurses, and therapists.