H.R. 8335: Prioritizing Resources and Opportunities for Talent, Employment, Compliance, and Terms Act of 2026

The bill titled the "Prioritizing Resources and Opportunities for Talent, Employment, Compliance, and Terms Act of 2026" aims to reform the H–1B nonimmigrant visa program in several key ways. Below is a summary of its main provisions:

Wage Requirements

The bill establishes new wage requirements for employers hiring H–1B visa holders. Employers must offer an annual wage to the H–1B nonimmigrant that is:

• The highest wage paid to a U.S. citizen or lawful permanent resident in the same or similar role over the last two years.
• At least $100,000, which will be adjusted for inflation annually starting from July 1 following the enactment of the Act.

Third-Party Worksite Limitations

Regarding work performed at third-party locations, the bill includes several provisions:

• H–1B visas will only be valid for one year if any work will be conducted at a third-party site.
• Applications for H–1B visas will require a clearly defined work assignment for third-party placements, which cannot be speculative.
• The work must be expected to last for the full duration of the requested employment.

Prioritization Based on Compensation

When reviewing H–1B applications, the Secretary will give priority to petitions that offer higher compensation levels over those offering lower compensation, regardless of when they were submitted within the fiscal year.

Exemptions for Health Care Personnel

The bill introduces an exemption from certain fees or surcharges for health care workers when applying for H–1B visas, provided specific conditions are met:

• Employers must demonstrate a good faith effort to recruit U.S. citizens or lawful permanent residents for the position without success.
• Standards and procedures for proving compliance with the recruitment effort will be established by the Secretary of Homeland Security.

For the purpose of this exemption, a "health care worker" is defined as an individual petitioned for employment in direct patient care roles, such as:

• Physicians
• Registered nurses
• Licensed therapists
• Pharmacists
• Clinical laboratory professionals

Effective Date

The provisions of this Act will take effect immediately upon enactment and will apply to any new H–1B visa petitions filed thereafter.

Relevant Companies

• IBM (IBM) - As a company that frequently employs technology workers under the H-1B visa program, IBM may need to adjust their recruitment strategies and compensation offerings to comply with the new wage requirements and visa conditions.
• Cisco Systems (CSCO) - Similar to IBM, Cisco employs many skilled workers and may face challenges with the new prioritization mechanism and worksite limitations impacting their staffing processes.
• Accenture (ACN) - Accenture, which often uses H–1B visa holders for consulting roles, might be significantly impacted by changes in third-party worksite limitations and wage requirements.