H.R. 8335

[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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