Daijiworld Media Network - Washington

Washington, Jun 9: A Republican congressman has introduced legislation aimed at permanently reshaping the H-1B visa programme by imposing a minimum annual salary requirement of $100,000, following a federal court decision that blocked the Trump administration’s attempt to implement similar reforms through executive action.

Mike Kennedy, a Republican representative from Utah, said Congress should enact the proposed changes through legislation after a federal judge ruled that such significant modifications to the visa programme require congressional approval rather than unilateral executive action.

Responding to the court ruling, Kennedy argued that lawmakers now have the responsibility to codify the reforms into federal law. He pointed to his proposed legislation, the Prioritising Resources for Our Citizens and Talent Act (PROTECT Act) of 2026, as the vehicle for achieving that objective.

The proposal seeks to overhaul key aspects of the H-1B visa system, which allows U.S. employers to hire foreign professionals in specialised occupations requiring advanced skills and qualifications.

Under the bill, employers would be required to pay H-1B workers a minimum salary of $100,000 per year, adjusted for inflation, or the prevailing wage paid to a comparable American worker, whichever amount is higher.

The legislation also proposes prioritising visa applications based on salary levels, giving preference to employers offering higher compensation. Additionally, it would introduce stricter rules governing the placement of H-1B workers at third-party worksites, a practice commonly used in the technology and consulting sectors.

Kennedy said the measure is intended to ensure that American workers are given priority in the labour market and to discourage companies from using the programme primarily as a source of lower-cost labour.

Supporters of the bill argue that the H-1B programme was originally designed to address genuine shortages of highly skilled workers and should not be used to displace qualified American employees. Kennedy also expressed concerns that excessive reliance on foreign labour could discourage U.S. students from pursuing careers in science, technology, engineering and mathematics (STEM) fields.

At the same time, the legislation includes exemptions for certain healthcare professionals, including physicians, registered nurses, pharmacists, therapists and other patient-care specialists. Employers seeking to hire such workers would need to demonstrate unsuccessful efforts to recruit qualified American candidates before accessing the exemption.

The H-1B programme, established by Congress in 1990, remains a critical pathway for highly skilled foreign professionals seeking employment in the United States. Technology companies, research institutions, universities and healthcare organisations are among its largest users.

The proposal is expected to attract significant attention in India, as Indian nationals consistently receive the majority of H-1B visas issued each year. Any changes to salary thresholds, eligibility requirements or employer obligations could have major implications for India's technology workforce, IT services industry and thousands of professionals pursuing career opportunities in the United States.

The bill will now need to progress through the legislative process in Congress, where it is likely to face extensive debate over its economic impact, labour market implications and effect on America's ability to attract global talent.