Federal judge dismantles POTUS’S H1B Visa fee. Rep. Kennedy’s PROTECT Act would make it permanent

WASHINGTON, D.C. - A federal judge struck down President Trump's $100,000 fee on new H-1B visas, ruling that the change has to come from Congress rather than the White House. Congressman Mike Kennedy (UT-03) introduced the legislation to do exactly that months ago and is now calling on his colleagues to pass it.

"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," said Congressman Mike Kennedy. "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."

The Prioritizing Resources and Opportunities for Talent, Employment, Compliance, and Terms Act of 2025", or the PROTECT Act of 2026, is intended to protect hardworking American workers and the jobs they rely on. For too long, the H-1B visa program has been allowed to replace qualified American workers with cheap foreign labor. The PROTECT Act of 2026 will take away the financial incentives for employers to choose cheap foreign labor over the existing American workforce.

"Hard working Americans deserve more than just an opportunity at American jobs, they deserve to be the priority," said Congressman Mike Kennedy. "Americans want to work, they want to provide for their families and better their communities. The PROTECT Act of 2026 will make sure they are first in line."

Background

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. The H-1B program is creating disincentives for future American workers to choose STEM careers, which threatens our national security.

The PROTECT Act of 2026 takes direct aim at the program's issue. Consistent with President Trump's Executive Order titled Restriction on Entry of Certain Nonimmigrant Workers, the bill raises the H-1B visa fee to $100,000. This change will disincentivize employers from using the program as a cost-cutting scheme against American workers. Rep. Kennedy, alongside President Trump, intends to impose higher costs on companies seeking to use the H-1B visa program in order to address the abuse of the program, stop the undercutting of wages, and protect our national security.

Read the full bill text here.