[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8335 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8335
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2026
Mr. Kennedy of Utah introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 worker' means 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.
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