A Republican congressman is pushing legislation to permanently impose a $100,000 annual wage floor for H-1B visa holders after a federal judge struck down President Donald Trump's executive attempt to enforce the same measure, ruling that such a structural change to immigration law must originate from Congress. The move has direct consequences for Indian technology professionals, who account for the overwhelming majority of H-1B recipients each year.

The PROTECT Act: What It Proposes

Rep. Mike Kennedy of Utah introduced the Prioritising Resources for Our Citizens and Talent Act, or PROTECT Act of 2026, to codify the administration's H-1B reforms into statute. The bill would require employers to pay H-1B workers at least $100,000 annually, adjusted for inflation, or the prevailing wage paid to a comparable American worker — whichever is higher. It would also prioritise visa petitions that offer higher salaries and tighten restrictions on workers placed at third-party worksites.

'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.'

Kennedy's Core Argument

Kennedy contends the H-1B programme has drifted far from its founding purpose. 'The H-1B visa program was designed to fill genuine, documented gaps in the American workforce. Instead, it has served as a tool to replace qualified American workers with cheaper foreign labor,' he said in background materials released alongside the bill.

He further argued the programme is 'creating disincentives for future American workers to choose STEM careers, which threatens our national security.' The legislation is explicitly framed as a mechanism to reduce employers' financial incentive to hire foreign workers over Americans.

Exemptions and Carve-Outs

The bill does include targeted exemptions for certain healthcare professionals — among them physicians, registered nurses, pharmacists, therapists, and other direct patient-care workers — provided employers can demonstrate they made unsuccessful efforts to recruit qualified American workers first. This carve-out reflects the acute staffing shortages in the US healthcare sector where H-1B workers play a critical role.

What the Court Ruling Changed

The federal judge's decision effectively redirected the policy battle from the executive branch to the legislative arena. By ruling that a change of this magnitude requires an act of Congress, the court handed immigration-reform advocates a procedural roadmap — and handed opponents a longer timeline in which to contest it. Notably, this is not the first time the Trump administration's immigration executive actions have been curtailed by judicial review.

Impact on Indian Tech Professionals

Indian nationals consistently receive the vast majority of H-1B visas issued annually, making any reform to the programme a matter of acute concern for India's technology sector, outsourcing companies, and thousands of professionals seeking US employment. A mandatory $100,000 salary floor would raise the cost of sponsoring Indian IT workers significantly, potentially reducing the number of petitions filed by mid-tier outsourcing firms that have historically relied on the programme. Industry observers and Indian government officials are expected to monitor the bill's legislative progress closely.

The H-1B programme was established by Congress in 1990 to help US employers fill specialised roles requiring advanced skills. Technology companies, research institutions, and healthcare providers remain its largest users. Whether the PROTECT Act advances through a divided Congress remains to be seen, but its introduction signals that the H-1B debate has formally shifted from executive orders to the legislative floor.