PROTECT Act of 2026

(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.