H-1B Reform Battle Moves To Congress Following Court Ruling

WASHINGTON, D.C. – Rep. Mike Kennedy, a Utah Republican, is seeking to advance legislation that would permanently impose a $100,000 salary requirement for H-1B visa holders after a federal judge struck down President Donald Trump’s attempt to implement similar changes through executive action.

Kennedy said June 9 that Congress should enact the administration’s H-1B reforms through legislation after the court ruled that such a significant change must be approved by lawmakers rather than the White House.

“An activist judge stepped in to strike down the President’s critical H-1B immigration reforms. The judge claims only Congress can do this? Fine,” Kennedy said. “I already introduced the PROTECT Act, which will codify the President’s H-1B reforms and make it the law of the land. We need to pass the PROTECT Act and put American workers first.”

The proposal could have major implications for Indian technology professionals, who receive the majority of H-1B visas issued each year and make up a significant portion of the U.S. technology workforce.

Kennedy’s legislation, the Prioritizing Resources for Our Citizens and Talent Act, or PROTECT Act of 2026, would reshape the H-1B program, which allows U.S. employers to hire foreign workers in specialty occupations.

The bill would require employers to pay H-1B workers at least $100,000 annually, adjusted for inflation, or the wage paid to a comparable U.S. worker, whichever is higher. It would also prioritize visa petitions offering higher salaries and tighten restrictions on workers placed at third-party worksites.

Kennedy said the measure is intended to reduce employers’ incentives to hire foreign workers instead of Americans and restore what he described as the original purpose of the H-1B program.

The legislation includes exemptions for certain healthcare professionals, including physicians, registered nurses, pharmacists, therapists and other direct patient-care workers, if employers can demonstrate unsuccessful efforts to recruit qualified American workers.

Because Indian nationals consistently account for the largest share of H-1B recipients, proposed changes to wage requirements and employer obligations are closely watched by India’s technology sector, outsourcing firms and thousands of professionals seeking employment opportunities in the United States. (IANS)