H.R. 8335 — PROTECT Act of 2026

This section revises the wage requirement for H-1B nonimmigrant petitions (i.e., for foreign workers in specialty occupations) to the greatest of (1) the annual wage paid by the employer to a U.S. citizen or lawful permanent resident performing the same or substantially similar duties in the prior two years or (2) $100,000 (adjusted annually for inflation using the CPI-U beginning the first July 1 after enactment); limits H-1B visa validity to one year if any work occurs at a third-party worksite; prohibits issuance of such visas or status unless the worksite assignment is clearly defined, non-speculative, and expected to last the full petition period; and requires prioritization of petition approvals based on higher offered compensation levels regardless of filing order.

This section establishes an exemption from all fees and surcharges—including any established by presidential proclamation, regulation, or guidance on or after September 19, 2025—for new H-1B nonimmigrant visa petitions (i.e., for workers in specialty occupations) filed on behalf of eligible health care workers. To qualify, the petitioner must submit evidence of a good faith recruitment effort for U.S. citizens or lawful permanent residents that was unsuccessful, with the Secretary of Homeland Security to establish by rule the required documentation standards and procedures (e.g., job postings and outreach to domestic workers). For this purpose, a health care worker is an H-1B petitioner sought 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 in the Public Health Service Act.