S. 5638: A bill to amend the Immigration and Nationality Act to modernize the wage required for exempt H-1B workers, and for other purposes.


missing image

Quick Facts:

Bill Sponsor: Sen. Jon Husted (R-OH)

Congress: 119

Date Introduced: Sept. 30, 2026

Last Action: Read twice and referred to the Committee on the Judiciary. (Sept. 30, 2026)

View on Congress.gov

Protecting American Workers Through H-1B Modernization Act

This bill would modernize the salary required for an H-1B nonimmigrant alien to qualify as an exempt H-1B nonimmigrant, raising the existing $60,000 threshold to at least twice the national average wage index. By raising this wage floor, the legislation increases the compensation an H-1B-dependent employer or willful violator must pay an alien to bypass statutory recruitment and non-displacement attestations intended to protect American workers. 

However, it does not address the loophole for aliens with a master's degree or higher, which significantly limits its impact.

Join the Immigration Accountability Project

Subscribe to receive updates on Congressional action and legislative analysis on immigration issues.

Support our work

Help IAP educate Americans on the actions, votes, and statements of their elected officials on the issue of immigration.