Development & Opportunities

H-1B visa bills would lift $60,000 exemption line to about $140,000: what it means

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Senate and House bills filed in October 2026 would raise the H-1B salary line for exempt workers at H-1B-dependent firms from $60,000 to about $140,000. It is not a minimum wage.

What Happened

A bill to raise an H-1B visa salary threshold to about $140,000 now has versions in both houses of the US Congress. Republican Representative Glenn Grothman introduced H.R. 10799 in the House on Tuesday, October 13, 2026, and it was referred to the House Judiciary Committee. It follows a Senate bill from Senator Jon Husted of Ohio, the Protecting American Workers Through H-1B Modernization Act, introduced earlier in October. Both target a rule for H-1B-dependent employers, companies with a large share of H-1B staff. They would replace a fixed $60,000 salary line, unchanged since 1998, with twice the Social Security Administration's National Average Wage Index, close to $140,000 at current levels.

Key Facts

  • House bill H.R. 10799 was introduced by Rep. Glenn Grothman on October 13, 2026 and sent to the House Judiciary Committee.
  • A Senate companion was introduced earlier in October by Sen. Jon Husted of Ohio.
  • The bills apply to the salary exemption for H-1B-dependent employers, not to all H-1B workers.
  • Today, workers at such firms paid at least $60,000 are exempt from extra recruitment and non-displacement checks; that figure was set in 1998.
  • The bills would replace $60,000 with twice the National Average Wage Index, nearly $140,000 now, adjusted each year as wages grow.
  • The separate exemption for workers with a master's or higher degree would remain.
  • Neither bill is law. Both houses must pass it and the President must sign it.

Why It Matters

The most common reading of these bills on social media is that they would create a $140,000 minimum salary for H-1B workers. They would not. What the bills change is a narrower rule. When a company is classed as H-1B-dependent, it must normally show that it tried to recruit US workers and did not displace them before hiring an H-1B worker. Workers paid above the $60,000 line, or holding a master's degree, are exempt from those extra steps. Because $60,000 has not changed in nearly three decades, most H-1B hires at these companies now clear it easily.

Raising the line to about $140,000 would pull far more hires at H-1B-dependent firms under the recruitment and non-displacement rules, unless the worker has an advanced degree. The bills' backers frame this as putting American workers first. For employers, it would mean more paperwork and a stronger reason either to pay more or to hire candidates with master's degrees.

For India, this matters because many Indian IT professionals work in the US on H-1B visas, often through outsourcing and IT services firms, the kind of companies the bills' coverage describes as heavily reliant on H-1B staff. Engineers on bachelor's degrees, in mid-level roles paid well below $140,000, would be the group most affected if the bill became law. Students planning to go to the US for work may see an extra reason to complete a master's degree there or in another country.

The bills' chances are uncertain. A similar idea was proposed in 2017 and stalled after committee, and the new bills are only at the first stage.

RuleTodayUnder the bills
Exempt salary line for H-1B-dependent firms$60,000 (fixed since 1998)About $140,000 (2x national average wage)
Annual adjustmentNoneMoves with national wage index
Master's degree exemptionYesYes, kept
StatusIn forceProposed only

Impact

Short-term: Nothing changes yet. Current rules, including the $60,000 exemption, stay in force. Workers and employers should watch the committee stage rather than act on headlines.

Long-term: If passed, H-1B-dependent IT and outsourcing firms would face more compliance steps for many hires, which could push them to raise pay, hire more locally in the US, prefer master's degree holders, or do more work from India.

Who is affected: Indian IT professionals on or seeking H-1B visas, especially those without a master's degree; Indian and global IT services companies with large H-1B workforces; students planning US careers; and US workers in the same roles.

Key Takeaway

The H-1B bills would raise a 1998 exemption line for H-1B-dependent firms from $60,000 to about $140,000, tightening hiring checks for many Indian IT workers, but they are proposals, not law, and do not set a $140,000 minimum salary.

Questions and Answers

Is there a new $140,000 minimum salary for the H-1B visa?

No. The bills in Congress would raise the salary line used to exempt workers at H-1B-dependent employers from extra recruitment checks, from $60,000 to about $140,000. They do not set a minimum wage for all H-1B workers, and they are not yet law.

Who introduced the H-1B salary threshold bills?

Senator Jon Husted of Ohio introduced the Senate bill in early October 2026, and Representative Glenn Grothman introduced House bill H.R. 10799 on October 13, 2026.

What is an H-1B-dependent employer?

It is a company with a large share of H-1B workers in its US workforce. Such firms must meet extra recruitment and non-displacement rules for H-1B hires unless the worker is exempt by salary or by holding a master's degree or higher.

Will Indian workers with a master's degree be affected?

The bills keep the separate exemption for workers with a master's degree or higher, so those workers would remain exempt from the extra checks even if the salary line rises.

Disclaimer: Prepared by the Peepals newsroom from publicly available sources with AI assistance. Information is accurate to the best of our knowledge at the time of publication and may change. Images may be representative. Not professional advice. Report an error via our contact page.

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Sourced and fact-checked by the Peepals Global Editorial Team

Reported, fact-checked and published by the Peepals Global Editorial Team.

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