II 

117TH CONGRESS 

2D SESSION S. 4567 

To amend the Immigration and Nationality Act to eliminate the per-country 

numerical limitation for employment-based immigrants, to increase the 

per-country numerical limitation for family-sponsored immigrants, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2022 

Mr. CRAMER (for himself and Mr. HICKENLOOPER) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to eliminate 

the per-country numerical limitation for employmentbased immigrants, to increase the per-country numerical 

limitation for family-sponsored immigrants, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equal Access to Green 

5 cards for Legal Employment Act of 2022’’ or the 

6 ‘‘EAGLE Act of 2022’’. 


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1 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

2 STATE. 

3 (a) IN GENERAL.—Section 202(a)(2) of the Immi4 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

5 amended to read as follows: 

6 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON7 SORED IMMIGRANTS.—Subject to paragraphs (3) 

8 and (4), the total number of immigrant visas made 

9 available to natives of any single foreign state or de10 pendent area under section 203(a) in any fiscal year 

11 may not exceed 15 percent (in the case of a single 

12 foreign state) or 2 percent (in the case of a depend13 ent area) of the total number of such visas made 

14 available under such section in that fiscal year.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 202 of 

16 such Act (8 U.S.C. 1152) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (3), by striking ‘‘both 

19 subsections (a) and (b) of section 203’’ and in20 serting ‘‘section 203(a)’’; and 

21 (B) by striking paragraph (5); and 

22 (2) by amending subsection (e) to read as fol23 lows: 

24 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 

25 If the total number of immigrant visas made available 

26 under section 203(a) to natives of any single foreign state 


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1 or dependent area will exceed the numerical limitation 

2 specified in subsection (a)(2) in any fiscal year, immigrant 

3 visas shall be allotted to such natives under section 203(a) 

4 (to the extent practicable and otherwise consistent with 

5 this section and section 203) in a manner so that, except 

6 as provided in subsection (a)(4), the proportion of the 

7 visas made available under each of paragraphs (1) through 

8 (4) of section 203(a) is equal to the ratio of the total visas 

9 made available under the respective paragraph to the total 

10 visas made available under section 203(a).’’. 

11 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 

12 Chinese Student Protection Act of 1992 (Public Law 102– 

13 404; 8 U.S.C. 1255 note) is amended— 

14 (1) in subsection (a), by striking ‘‘(as defined 

15 in subsection (e))’’; 

16 (2) by striking subsection (d); and 

17 (3) by redesignating subsection (e) as sub18 section (d). 

19 (d) APPLICATION.—The amendments made by this 

20 section shall apply beginning on the date that is the first 

21 day of the second fiscal year beginning after the date of 

22 the enactment of this Act. 

23 (e) TRANSITION RULES FOR EMPLOYMENT-BASED

24 IMMIGRANTS.—Notwithstanding title II of the Immigra25 tion and Nationality Act (8 U.S.C. 1151 et seq.), the folVerDate Sep 11 2014 18:07 Jul 25, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4567.IS S4567

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1 lowing transition rules shall apply to employment-based 

2 immigrants, beginning on the date referred to in sub3 section (d): 

4 (1) RESERVED VISAS FOR LOWER ADMISSION

5 STATES.— 

6 (A) IN GENERAL.—For the first nine fiscal 

7 years after the date referred to in subsection 

8 (d), immigrant visas under each of paragraphs 

9 (2) and (3) of section 203(b) of the Immigra10 tion and Nationality Act (8 U.S.C. 1153(b)) 

11 shall be reserved and allocated to immigrants 

12 who are natives of a foreign state or dependent 

13 area that is not one of the two foreign states 

14 or dependent areas with the highest demand for 

15 immigrant visas as follows: 

16 (i) For the first fiscal year after such 

17 date, 30 percent of such visas. 

18 (ii) For the second fiscal year after 

19 such date, 25 percent of such visas. 

20 (iii) For the third fiscal year after 

21 such date, 20 percent of such visas. 

22 (iv) For the fourth fiscal year after 

23 such date, 15 percent of such visas. 

24 (v) For the fifth and sixth fiscal years 

25 after such date, 10 percent of such visas. 


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1 (vi) For the seventh, eighth, and 

2 ninth fiscal years after such date, 5 per3 cent of such visas. 

4 (B) ADDITIONAL RESERVED VISAS FOR

5 NEW ARRIVALS.—For each of the first nine fis6 cal years after the date referred to in subsection 

7 (d), an additional 5.75 percent of the immi8 grant visas made available under each of para9 graphs (2) and (3) of section 203(b) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1153(b)) shall be allocated to immigrants who 

12 are natives of a foreign state or dependent area 

13 that is not one of the two foreign states or de14 pendent areas with the highest demand for im15 migrant visas. Such additional visas shall be al16 located in the following order of priority: 

17 (i) FAMILY MEMBERS ACCOMPANYING

18 OR FOLLOWING TO JOIN.—Visas reserved 

19 under this subparagraph shall be allocated 

20 to family members described in section 

21 203(d) of the Immigration and Nationality 

22 Act (8 U.S.C. 1153(d)) who are accom23 panying or following to join a principal 

24 beneficiary who is in the United States and 

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1 justment of status to lawful permanent 

2 residence under paragraph (2) or (3) of 

3 section 203(b) of the Immigration and Na4 tionality Act (8 U.S.C. 1153(b)). 

5 (ii) NEW PRINCIPAL ARRIVALS.—If at 

6 the end of the second quarter of any fiscal 

7 year, the total number of visas reserved 

8 under this subparagraph exceeds the num9 ber of qualified immigrants described in 

10 clause (i), such visas may also be allocated, 

11 for the remainder of the fiscal year, to in12 dividuals (and their family members de13 scribed in section 203(d) of the Immigra14 tion and Nationality Act (8 U.S.C. 

15 1153(d))) who are seeking an immigrant 

16 visa under paragraph (2) or (3) of section 

17 203(b) of the Immigration and Nationality 

18 Act (8 U.S.C. 1153(b)) to enter the United 

19 States as new immigrants, and who have 

20 not resided or worked in the United States 

21 at any point in the four-year period imme22 diately preceding the filing of the immi23 grant visa petition. 

24 (iii) OTHER NEW ARRIVALS.—If at 

25 the end of the third quarter of any fiscal 


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1 year, the total number of visas reserved 

2 under this subparagraph exceeds the num3 ber of qualified immigrants described in 

4 clauses (i) and (ii), such visas may be also 

5 be allocated, for the remainder of the fiscal 

6 year, to other individuals (and their family 

7 members described in section 203(d) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1153(d))) who are seeking an immigrant 

10 visa under paragraph (2) or (3) of section 

11 203(b) of the Immigration and Nationality 

12 Act (8 U.S.C. 1153(b)). 

13 (2) RESERVED VISAS FOR SHORTAGE OCCUPA14 TIONS.— 

15 (A) IN GENERAL.—For each of the first 

16 seven fiscal years after the date referred to in 

17 subsection (d), not fewer than 4,400 of the im18 migrant visas made available under section 

19 203(b)(3) of the Immigration and Nationality 

20 Act (8 U.S.C. 1153(b)(3)), and not reserved 

21 under paragraph (1), shall be allocated to immi22 grants who are seeking admission to the United 

23 States to work in an occupation described in 

24 section 656.5(a) of title 20, Code of Federal 

25 Regulations (or any successor regulation). 


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1 (B) FAMILY MEMBERS.—Family members 

2 who are accompanying or following to join a 

3 principal beneficiary described in subparagraph 

4 (A) shall be entitled to a visa in the same sta5 tus and in the same order of consideration as 

6 such principal beneficiary, but such visa shall 

7 not be counted against the 4,400 immigrant 

8 visas reserved under such subparagraph. 

9 (3) PER-COUNTRY LEVELS.—For each of the 

10 first nine fiscal years after the date referred to in 

11 subsection (d)— 

12 (A) not more than 25 percent (in the case 

13 of a single foreign state) or 2 percent (in the 

14 case of a dependent area) of the total number 

15 of visas reserved under paragraph (1) shall be 

16 allocated to immigrants who are natives of any 

17 single foreign state or dependent area; and 

18 (B) not more than 85 percent of the immi19 grant visas made available under each of para20 graphs (2) and (3) of section 203(b) of the Im21 migration and Nationality Act (8 U.S.C. 

22 1153(b)) and not reserved under paragraph (1), 

23 may be allocated to immigrants who are native 

24 to any single foreign state or dependent area. 


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1 (4) SPECIAL RULE TO PREVENT UNUSED

2 VISAS.—If, at the end of the third quarter of any 

3 fiscal year, the Secretary of State determines that 

4 the application of paragraphs (1) through (3) would 

5 result in visas made available under paragraph (2) 

6 or (3) of section 203(b) of the Immigration and Na7 tionality Act (8 U.S.C. 1153(b)) going unused in 

8 that fiscal year, such visas may be allocated during 

9 the remainder of such fiscal year without regard to 

10 paragraphs (1) through (3). 

11 (5) RULES FOR CHARGEABILITY AND DEPEND12 ENTS.—Section 202(b) of the Immigration and Na13 tionality Act (8 U.S.C. 1152(b)) shall apply in deter14 mining the foreign state to which an alien is charge15 able, and section 203(d) of such Act (8 U.S.C. 

16 1153(d)) shall apply in allocating immigrant visas to 

17 family members, for purposes of this subsection. 

18 (6) DETERMINATION OF TWO FOREIGN STATES

19 OR DEPENDENT AREAS WITH HIGHEST DEMAND.— 

20 The two foreign states or dependent areas with the 

21 highest demand for immigrant visas, as referred to 

22 in this subsection, are the two foreign states or de23 pendent areas with the largest aggregate number 

24 beneficiaries of petitions for an immigrant visa 

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1 tionality Act (8 U.S.C. 1153(b)) that have been ap2 proved, but where an immigrant visa is not yet avail3 able, as determined by the Secretary of State, in 

4 consultation with the Secretary of Homeland Secu5 rity. 

6 SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DE7 PARTMENT OF LABOR. 

8 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

9 212(n) of the Immigration and Nationality Act (8 U.S.C. 

10 1182(n)) is amended by adding at the end the following: 

11 ‘‘(6) For purposes of complying with paragraph 

12 (1)(C): 

13 ‘‘(A) Not later than 180 days after the date of 

14 the enactment of the , the Secretary of Labor shall 

15 establish a searchable internet website for posting 

16 positions in accordance with paragraph (1)(C) that 

17 is available to the public without charge, except that 

18 the Secretary may delay the launch of such website 

19 for a single period identified by the Secretary by no20 tice in the Federal Register that shall not exceed 30 

21 days. 

22 ‘‘(B) The Secretary may work with private com23 panies or nonprofit organizations to develop and op24 erate the internet website described in subparagraph 

25 (A). 


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1 ‘‘(C) The Secretary shall promulgate rules, 

2 after notice and a period for comment, to carry out 

3 this paragraph.’’. 

4 (b) PUBLICATION REQUIREMENT.—The Secretary of 

5 Labor shall submit to Congress, and publish in the Fed6 eral Register and in other appropriate media, a notice of 

7 the date on which the internet website required under sec8 tion 212(n)(6) of the Immigration and Nationality Act, 

9 as established by subsection (a), will be operational. 

10 (c) APPLICATION.—The amendment made by sub11 section (a) shall apply beginning on the date that is 90 

12 days after the date described in subsection (b). 

13 (d) INTERNET POSTING REQUIREMENT.—Section 

14 212(n)(1)(C) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(n)(1)(C)) is amended— 

16 (1) by redesignating clause (ii) as subclause 

17 (II); 

18 (2) by striking ‘‘(i) has provided’’ and inserting 

19 the following: 

20 ‘‘(ii)(I) has provided’’; and 

21 (3) by inserting before clause (ii), as redesig22 nated by paragraph (2), the following: 

23 ‘‘(i) except in the case of an employer fil24 ing a petition on behalf of an H–1B non25 immigrant who has already been counted 


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1 against the numerical limitations and is not eli2 gible for a full 6-year period, as described in 

3 section 214(g)(7), or on behalf of an H–1B 

4 nonimmigrant authorized to accept employment 

5 under section 214(n), has posted on the inter6 net website described in paragraph (6), for at 

7 least 30 calendar days, a description of each po8 sition for which a nonimmigrant is sought, that 

9 includes— 

10 ‘‘(I) the occupational classification, 

11 and if different the employer’s job title for 

12 the position, in which each nonimmigrant 

13 will be employed; 

14 ‘‘(II) the education, training, or expe15 rience qualifications for the position; 

16 ‘‘(III) the salary or wage range and 

17 employee benefits offered; 

18 ‘‘(IV) each location at which a non19 immigrant will be employed; and 

20 ‘‘(V) the process for applying for a 

21 position; and’’. 

22 SEC. 4. H–1B EMPLOYER PETITION REQUIREMENTS. 

23 (a) WAGE DETERMINATION INFORMATION.—Section 

24 212(n)(1)(D) of the Immigration and Nationality Act (8 

25 U.S.C. 1182(n)(1)(D)) is amended by inserting ‘‘the preVerDate Sep 11 2014 18:07 Jul 25, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4567.IS S4567

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1 vailing wage determination methodology used under sub2 paragraph (A)(i)(II),’’ after ‘‘shall contain’’. 

3 (b) NEW APPLICATION REQUIREMENTS.—Section 

4 212(n)(1) of the Immigration and Nationality Act (8 

5 U.S.C. 1182(n)(1)) is amended by inserting after subpara6 graph (G) the following: 

7 ‘‘(H)(i) The employer, or a person or entity act8 ing on the employer’s behalf, has not advertised any 

9 available position specified in the application in an 

10 advertisement that states or indicates that— 

11 ‘‘(I) such position is only available to an 

12 individual who is or will be an H–1B non13 immigrant; or 

14 ‘‘(II) an individual who is or will be an H– 

15 1B nonimmigrant shall receive priority or a 

16 preference in the hiring process for such posi17 tion. 

18 ‘‘(ii) The employer has not primarily recruited 

19 individuals who are or who will be H–1B non20 immigrants to fill such position. 

21 ‘‘(I) If the employer, in a previous period speci22 fied by the Secretary, employed one or more H–1B 

23 nonimmigrants, the employer shall submit to the 

24 Secretary the Internal Revenue Service Form W–2 

25 Wage and Tax Statements filed by the employer 


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1 with respect to the H–1B nonimmigrants for such 

2 period.’’. 

3 (c) ADDITIONAL REQUIREMENT FOR NEW H–1B PE4 TITIONS.— 

5 (1) IN GENERAL.—Section 212(n)(1) of the Im6 migration and Nationality Act (8 U.S.C. 

7 1182(n)(1)), as amended by subsection (b), is fur8 ther amended by inserting after subparagraph (I), 

9 the following: 

10 ‘‘(J)(i) If the employer employs 50 or more em11 ployees in the United States, the sum of the number 

12 of such employees who are H–1B nonimmigrants 

13 plus the number of such employees who are non14 immigrants described in section 101(a)(15)(L) does 

15 not exceed 50 percent of the total number of em16 ployees. 

17 ‘‘(ii) Any group treated as a single employer 

18 under subsection (b), (c), (m), or (o) of section 414 

19 of the Internal Revenue Code of 1986 shall be treat20 ed as a single employer for purposes of clause (i).’’. 

21 (2) RULE OF CONSTRUCTION.—Nothing in sub22 paragraph (J) of section 212(n)(1) of the Immigra23 tion and Nationality Act (8 U.S.C. 1182(n)(1)), as 

24 added by paragraph (1), may be construed to pro25 hibit renewal applications or change of employer apVerDate Sep 11 2014 18:07 Jul 25, 2022 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4567.IS S4567

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1 plications for H–1B nonimmigrants employed by an 

2 employer on the date of the enactment of this Act. 

3 (3) APPLICATION.—The amendment made by 

4 this subsection shall apply with respect to an em5 ployer commencing on the date that is 180 days 

6 after the date of the enactment of this Act. 

7 (d) LABOR CONDITION APPLICATION FEE.—Section 

8 212(n) of the Immigration and Nationality Act (8 U.S.C. 

9 1182(n)), as amended by section 3(a), is further amended 

10 by adding at the end the following: 

11 ‘‘(7)(A) The Secretary of Labor shall promulgate a 

12 regulation that requires applicants under this subsection 

13 to pay an administrative fee to cover the average paper14 work processing costs and other administrative costs. 

15 ‘‘(B)(i) Fees collected under this paragraph shall be 

16 deposited as offsetting receipts within the general fund of 

17 the Treasury in a separate account, which shall be known 

18 as the ‘H–1B Administration, Oversight, Investigation, 

19 and Enforcement Account’ and shall remain available 

20 until expended. 

21 ‘‘(ii) The Secretary of the Treasury shall refund 

22 amounts in such account to the Secretary of Labor for 

23 salaries and related expenses associated with the adminis24 tration, oversight, investigation, and enforcement of the 

25 H–1B nonimmigrant visa program.’’. 


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1 (e) ELIMINATION OF B–1 IN LIEU OF H–1.—Section 

2 214(g) of the Immigration and Nationality Act (8 U.S.C. 

3 1184(g)) is amended by adding at the end the following: 

4 ‘‘(12)(A) Unless otherwise authorized by law, an alien 

5 normally classifiable under section 101(a)(15)(H)(i) who 

6 seeks admission to the United States to provide services 

7 in a specialty occupation described in paragraph (1) or 

8 (3) of subsection (i) may not be issued a visa or admitted 

9 under section 101(a)(15)(B) for such purpose. 

10 ‘‘(B) Nothing in this paragraph may be construed to 

11 authorize the admission of an alien under section 

12 101(a)(15)(B) who is coming to the United States for the 

13 purpose of performing skilled or unskilled labor if such 

14 admission is not otherwise authorized by law.’’. 

15 (f) ENDING MEDIA ABUSE OF H–1B.—Section 

16 214(g) of the Immigration and Nationality Act (8 U.S.C. 

17 1184(g)), as amended by subsection (e), is further amend18 ed by adding at the end the following: 

19 ‘‘(13) An alien normally classifiable under section 

20 101(a)(15)(I) who seeks admission to the United States 

21 solely as a representative of the foreign press, radio, film, 

22 or other foreign information media, may not be issued a 

23 visa or admitted under section 101(a)(15)(H)(i) to engage 

24 in such vocation.’’. 


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1 SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 

2 AGAINST H–1B EMPLOYERS. 

3 (a) INVESTIGATION, WORKING CONDITIONS, AND

4 PENALTIES.—Section 212(n)(2)(C) of the Immigration 

5 and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended 

6 by striking clause (iv) and inserting the following: 

7 ‘‘(iv)(I) An employer that has filed an application 

8 under this subsection violates this clause by taking, failing 

9 to take, or threatening to take or fail to take a personnel 

10 action, or intimidating, threatening, restraining, coercing, 

11 blacklisting, discharging, or discriminating in any other 

12 manner against an employee because the employee— 

13 ‘‘(aa) disclosed information that the employee 

14 reasonably believes evidences a violation of this sub15 section or any rule or regulation pertaining to this 

16 subsection; or 

17 ‘‘(bb) cooperated or sought to cooperate with 

18 the requirements under this subsection or any rule 

19 or regulation pertaining to this subsection. 

20 ‘‘(II) An employer that violates this clause shall be 

21 liable to the employee harmed by such violation for lost 

22 wages and benefits. 

23 ‘‘(III) In this clause, the term ‘employee’ includes— 

24 ‘‘(aa) a current employee; 

25 ‘‘(bb) a former employee; and 

26 ‘‘(cc) an applicant for employment.’’. 


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1 (b) INFORMATION SHARING.—Section 212(n)(2)(H) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1182(n)(2)(H)) is amended to read as follows: 

4 ‘‘(H)(i) The Director of U.S. Citizenship and Immi5 gration Services shall provide the Secretary of Labor with 

6 any information contained in the materials submitted by 

7 employers of H–1B nonimmigrants as part of the petition 

8 adjudication process that indicates that the employer is 

9 not complying with visa program requirements for H–1B 

10 nonimmigrants. 

11 ‘‘(ii) The Secretary may initiate and conduct an in12 vestigation and hearing under this paragraph after receiv13 ing information of noncompliance under this subpara14 graph.’’. 

15 SEC. 6. LABOR CONDITION APPLICATIONS. 

16 (a) APPLICATION REVIEW REQUIREMENTS.—Section 

17 212(n)(1) of the Immigration and Nationality Act (8 

18 U.S.C. 1182(n)(1)) is amended, in the undesignated mat19 ter following subparagraph (I), as added by section 4(b)— 

20 (1) in the fourth sentence, by inserting ‘‘, and 

21 through the internet website of the Department of 

22 Labor, without charge.’’ after ‘‘Washington, D.C.’’; 

23 (2) in the fifth sentence, by striking ‘‘only for 

24 completeness’’ and inserting ‘‘for completeness, clear 


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1 indicators of fraud or misrepresentation of material 

2 fact,’’; 

3 (3) in the sixth sentence, by striking ‘‘or obvi4 ously inaccurate’’ and inserting ‘‘, presents clear in5 dicators of fraud or misrepresentation of material 

6 fact, or is obviously inaccurate’’; and 

7 (4) by adding at the end the following: ‘‘If the 

8 Secretary’s review of an application identifies clear 

9 indicators of fraud or misrepresentation of material 

10 fact, the Secretary may conduct an investigation and 

11 hearing in accordance with paragraph (2).’’. 

12 (b) ENSURING PREVAILING WAGES ARE FOR AREA

13 OF EMPLOYMENT AND ACTUAL WAGES ARE FOR SIMI14 LARLY EMPLOYED.—Section 212(n)(1)(A) of the Immi15 gration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is 

16 amended— 

17 (1) in clause (i), in the undesignated matter fol18 lowing subclause (II), by striking ‘‘and’’ at the end; 

19 (2) in clause (ii), by striking the period at the 

20 end and inserting ‘‘, and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(iii) will ensure that— 

23 ‘‘(I) the actual wages or range identi24 fied in clause (i) relate solely to employees 

25 having substantially the same duties and 


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1 responsibilities as the H–1B nonimmigrant 

2 in the geographical area of intended em3 ployment, considering experience, qualifica4 tions, education, job responsibility and 

5 function, specialized knowledge, and other 

6 legitimate business factors, except in a 

7 geographical area there are no such em8 ployees, and 

9 ‘‘(II) the prevailing wages identified in 

10 clause (ii) reflect the best available infor11 mation for the geographical area within 

12 normal commuting distance of the actual 

13 address of employment at which the H–1B 

14 nonimmigrant is or will be employed.’’. 

15 (c) PROCEDURES FOR INVESTIGATION AND DISPOSI16 TION.—Section 212(n)(2)(A) of the Immigration and Na17 tionality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 

18 (1) by striking ‘‘(2)(A) Subject’’ and inserting 

19 ‘‘(2)(A)(i) Subject’’; 

20 (2) by striking the fourth sentence; and 

21 (3) by adding at the end the following: 

22 ‘‘(ii)(I) Upon receipt of a complaint under clause (i), 

23 the Secretary may initiate an investigation to determine 

24 whether such a failure or misrepresentation has occurred. 

25 ‘‘(II) The Secretary may conduct— 


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1 ‘‘(aa) surveys of the degree to which employers 

2 comply with the requirements under this subsection; 

3 and 

4 ‘‘(bb) subject to subclause (IV), annual compli5 ance audits of any employer that employs H–1B 

6 nonimmigrants during the applicable calendar year. 

7 ‘‘(III) Subject to subclause (IV), the Secretary 

8 shall— 

9 ‘‘(aa) conduct annual compliance audits of each 

10 employer that employs more than 100 full-time 

11 equivalent employees who are employed in the 

12 United States if more than 15 percent of such full13 time employees are H–1B nonimmigrants; and 

14 ‘‘(bb) make available to the public an executive 

15 summary or report describing the general findings of 

16 the audits conducted under this subclause. 

17 ‘‘(IV) In the case of an employer subject to an annual 

18 compliance audit in which there was no finding of a willful 

19 failure to meet a condition under subparagraph (C)(ii), no 

20 further annual compliance audit shall be conducted with 

21 respect to such employer for a period of not less than 4 

22 years, absent evidence of misrepresentation or fraud.’’. 

23 (d) PENALTIES FOR VIOLATIONS.—Section 

24 212(n)(2)(C) of the Immigration and Nationality Act (8 

25 U.S.C. 1182(n)(2)(C)) is amended— 


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1 (1) in clause (i)— 

2 (A) in the matter preceding subclause (I), 

3 by striking ‘‘a condition of paragraph (1)(B), 

4 (1)(E), or (1)(F)’’ and inserting ‘‘a condition of 

5 paragraph (1)(B), (1)(E), (1)(F), (1)(H), or 

6 (1)(I)’’; and 

7 (B) in subclause (I), by striking ‘‘$1,000’’ 

8 and inserting ‘‘$3,000’’; 

9 (2) in clause (ii)(I), by striking ‘‘$5,000’’ and 

10 inserting ‘‘$15,000’’; 

11 (3) in clause (iii)(I), by striking ‘‘$35,000’’ and 

12 inserting ‘‘$100,000’’; and 

13 (4) in clause (vi)(III), by striking ‘‘$1,000’’ and 

14 inserting ‘‘$3,000’’. 

15 (e) INITIATION OF INVESTIGATIONS.—Section 

16 212(n)(2)(G) of the Immigration and Nationality Act (8 

17 U.S.C. 1182(n)(2)(G)) is amended— 

18 (1) in clause (i), by striking ‘‘In the case of an 

19 investigation’’ in the second sentence and all that 

20 follows through the period at the end of the clause; 

21 (2) in clause (ii), in the first sentence, by strik22 ing ‘‘and whose identity’’ and all that follows 

23 through ‘‘failure or failures.’’ and inserting ‘‘the 

24 Secretary of Labor may conduct an investigation 


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1 into the employer’s compliance with the require2 ments under this subsection.’’; 

3 (3) in clause (iii), by striking the second sen4 tence; 

5 (4) by striking clauses (iv) and (v); 

6 (5) by redesignating clauses (vi), (vii), and (viii) 

7 as clauses (iv), (v), and (vi), respectively; 

8 (6) in clause (iv), as so redesignated— 

9 (A) by striking ‘‘clause (viii)’’ and insert10 ing ‘‘clause (vi)’’; and 

11 (B) by striking ‘‘meet a condition de12 scribed in clause (ii)’’ and inserting ‘‘comply 

13 with the requirements under this subsection’’; 

14 (7) by amending clause (v), as so redesignated, 

15 to read as follows: 

16 ‘‘(v)(I) The Secretary of Labor shall provide notice 

17 to an employer of the intent to conduct an investigation 

18 under clause (i) or (ii). 

19 ‘‘(II) The notice shall be provided in such a manner, 

20 and shall contain sufficient detail, to permit the employer 

21 to respond to the allegations before an investigation is 

22 commenced. 

23 ‘‘(III) The Secretary is not required to comply with 

24 this clause if the Secretary determines that such compli25 ance would interfere with an effort by the Secretary to 


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1 investigate or secure compliance by the employer with the 

2 requirements of this subsection. 

3 ‘‘(IV) A determination by the Secretary under this 

4 clause shall not be subject to judicial review.’’; 

5 (8) in clause (vi), as so redesignated, by strik6 ing ‘‘An investigation’’ in the first sentence and all 

7 that follows through ‘‘the determination.’’ in the sec8 ond sentence and inserting ‘‘If the Secretary of 

9 Labor, after an investigation under clause (i) or (ii), 

10 determines that a reasonable basis exists to make a 

11 finding that the employer has failed to comply with 

12 the requirements under this subsection, the Sec13 retary shall provide interested parties with notice of 

14 such determination and an opportunity for a hearing 

15 in accordance with section 556 of title 5, United 

16 States Code, not later than 60 days after the date 

17 of such determination.’’; and 

18 (9) by adding at the end the following: 

19 ‘‘(vii) If the Secretary of Labor, after a hearing, finds 

20 that the employer has violated a requirement under this 

21 subsection, the Secretary may impose a penalty pursuant 

22 to subparagraph (C).’’. 


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1 SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED 

2 IMMIGRANTS. 

3 (a) ADJUSTMENT OF STATUS FOR EMPLOYMENT4 BASED IMMIGRANTS.—Section 245 of the Immigration 

5 and Nationality Act (8 U.S.C. 1255) is amended by add6 ing at the end the following: 

7 ‘‘(o) ADJUSTMENT OF STATUS FOR EMPLOYMENT8 BASED IMMIGRANTS.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

10 (a)(3), an alien (including the alien’s spouse or 

11 child, if eligible to receive a visa under section 

12 203(d)), may file an application for adjustment of 

13 status if— 

14 ‘‘(A) the alien— 

15 ‘‘(i) is present in the United States 

16 pursuant to a lawful admission as a non17 immigrant, other than a nonimmigrant de18 scribed in subparagraph (B), (C), (D), or 

19 (S) of section 101(a)(15), section 212(l), 

20 or section 217; and 

21 ‘‘(ii) subject to subsection (k), is not 

22 ineligible for adjustment of status under 

23 subsection (c); and 

24 ‘‘(B) not less than 2 years have elapsed 

25 since the immigrant visa petition filed by or on 


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1 behalf of the alien under subparagraph (E) or 

2 (F) of section 204(a)(1) was approved. 

3 ‘‘(2) PROTECTION FOR CHILDREN.—The child 

4 of a principal alien who files an application for ad5 justment of status under this subsection shall con6 tinue to qualify as a child for purposes of the appli7 cation, regardless of the child’s age or whether the 

8 principal alien is deceased at the time an immigrant 

9 visa becomes available. 

10 ‘‘(3) TRAVEL AND EMPLOYMENT AUTHORIZA11 TION.— 

12 ‘‘(A) ADVANCE PAROLE.—Applicants for 

13 adjustment of status under this subsection shall 

14 be eligible for advance parole under the same 

15 terms and conditions as applicants for adjust16 ment of status under subsection (a). 

17 ‘‘(B) EMPLOYMENT AUTHORIZATION.— 

18 ‘‘(i) PRINCIPAL ALIEN.—Subject to 

19 paragraph (4), a principal applicant for 

20 adjustment of status under this subsection 

21 shall be eligible for work authorization 

22 under the same terms and conditions as 

23 applicants for adjustment of status under 

24 subsection (a). 


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1 ‘‘(ii) LIMITATIONS ON EMPLOYMENT

2 AUTHORIZATION FOR DEPENDENTS.—A 

3 dependent alien who was neither author4 ized to work nor eligible to request work 

5 authorization at the time an application for 

6 adjustment of status is filed under this 

7 subsection shall not be eligible to receive 

8 work authorization due to the filing of 

9 such application. 

10 ‘‘(4) CONDITIONS ON ADJUSTMENT OF STATUS

11 AND EMPLOYMENT AUTHORIZATION FOR PRINCIPAL

12 ALIENS.— 

13 ‘‘(A) IN GENERAL.—During the time an 

14 application for adjustment of status under this 

15 subsection is pending and until such time an 

16 immigrant visa becomes available— 

17 ‘‘(i) the terms and conditions of the 

18 alien’s employment, including duties, 

19 hours, and compensation, must be com20 mensurate with the terms and conditions 

21 applicable to the employer’s similarly situ22 ated United States workers in the area of 

23 employment, or if the employer does not 

24 employ and has not recently employed 

25 more than two such workers, the terms 


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1 and conditions of such employment must 

2 be commensurate with the terms and con3 ditions applicable to other similarly situ4 ated United States workers in the area of 

5 employment; and 

6 ‘‘(ii) consistent with section 204(j), if 

7 the alien changes positions or employers, 

8 the new position is in the same or a similar 

9 occupational classification as the job for 

10 which the petition was filed. 

11 ‘‘(B) SPECIAL FILING PROCEDURES.—An 

12 application for adjustment of status filed by a 

13 principal alien under this subsection shall be ac14 companied by— 

15 ‘‘(i) a signed letter from the principal 

16 alien’s current or prospective employer at17 testing that the terms and conditions of 

18 the alien’s employment are commensurate 

19 with the terms and conditions of employ20 ment for similarly situated United States 

21 workers in the area of employment; and 

22 ‘‘(ii) other information deemed nec23 essary by the Secretary of Homeland Secu24 rity to verify compliance with subpara25 graph (A). 


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1 ‘‘(C) APPLICATION FOR EMPLOYMENT AU2 THORIZATION.— 

3 ‘‘(i) IN GENERAL.—An application for 

4 employment authorization filed by a prin5 cipal applicant for adjustment of status 

6 under this subsection shall be accompanied 

7 by a Confirmation of Bona Fide Job Offer 

8 or Portability (or any form associated with 

9 section 204(j)) attesting that— 

10 ‘‘(I) the job offered in the immi11 grant visa petition remains a bona 

12 fide job offer that the alien intends to 

13 accept upon approval of the adjust14 ment of status application; or 

15 ‘‘(II) the alien has accepted a 

16 new full-time job in the same or a 

17 similar occupational classification as 

18 the job described in the approved im19 migrant visa petition. 

20 ‘‘(ii) VALIDITY.—An employment au21 thorization document issued to a principal 

22 alien who has filed an application for ad23 justment of status under this subsection 

24 shall be valid for three years. 


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1 ‘‘(iii) RENEWAL.—Any request by a 

2 principal alien to renew an employment au3 thorization document associated with such 

4 alien’s application for adjustment of status 

5 filed under this subsection shall be accom6 panied by the evidence described in sub7 paragraphs (B) and (C)(i). 

8 ‘‘(5) DECISION.— 

9 ‘‘(A) IN GENERAL.—An adjustment of sta10 tus application filed under paragraph (1) may 

11 not be approved— 

12 ‘‘(i) until the date on which an immi13 grant visa becomes available; and 

14 ‘‘(ii) if the principal alien has not, 

15 within the preceding 12 months, filed a 

16 Confirmation of Bona Fide Job Offer or 

17 Portability (or any form associated with 

18 section 204(j)). 

19 ‘‘(B) REQUEST FOR EVIDENCE.—If at the 

20 time an immigrant visa becomes available, a 

21 Confirmation of Bona Fide Job Offer or Port22 ability (or any form associated with section 

23 204(j)) has not been filed by the principal alien 

24 within the preceding 12 months, the Secretary 


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1 of Homeland Security shall notify the alien and 

2 provide instructions for submitting such form. 

3 ‘‘(C) NOTICE OF INTENT TO DENY.—If the 

4 most recent Confirmation of Bona Fide Job 

5 Offer or Portability (or any form associated 

6 with section 204(j)) or any prior form indicates 

7 a lack of compliance with paragraph (4)(A), the 

8 Secretary of Homeland Security shall issue a 

9 notice of intent to deny the application for ad10 justment of status and provide the alien the op11 portunity to submit evidence of compliance. 

12 ‘‘(D) DENIAL.—An application for adjust13 ment of status under this subsection may be de14 nied if the alien fails to— 

15 ‘‘(i) timely file a Confirmation of 

16 Bona Fide Job Offer or Portability (or any 

17 form associated with section 204(j)) in re18 sponse to a request for evidence issued 

19 under subparagraph (B); or 

20 ‘‘(ii) establish, by a preponderance of 

21 the evidence, compliance with paragraph 

22 (4)(A). 

23 ‘‘(6) FEES.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of law, the Secretary of HomeVerDate Sep 11 2014 18:07 Jul 25, 2022 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4567.IS S4567

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1 land Security shall charge and collect a fee in 

2 the amount of $2,000 to process each Con3 firmation of Bona Fide Job Offer or Portability 

4 (or any form associated with section 204(j)) 

5 filed under this subsection. 

6 ‘‘(B) DEPOSIT AND USE OF FEES.—Fees 

7 collected under subparagraph (A) shall be de8 posited and used as follows: 

9 ‘‘(i) Fifty percent of such fees shall be 

10 deposited in the Immigration Examinations 

11 Fee Account established under section 

12 286(m). 

13 ‘‘(ii) Fifty percent of such fees shall 

14 be deposited in the Treasury of the United 

15 States as miscellaneous receipts. 

16 ‘‘(7) APPLICATION.— 

17 ‘‘(A) The provisions of this subsection— 

18 ‘‘(i) shall apply beginning on the date 

19 that is one year after the date of the en20 actment of the ; and 

21 ‘‘(ii) except as provided in subpara22 graph (B), shall cease to apply as of the 

23 date that is nine years after the date of the 

24 enactment of such Act. 


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1 ‘‘(B) This subsection shall continue to 

2 apply with respect to any alien who has filed an 

3 application for adjustment of status under this 

4 subsection any time prior to the date on which 

5 this subsection otherwise ceases to apply. 

6 ‘‘(8) CLARIFICATIONS.—For purposes of this 

7 subsection: 

8 ‘‘(A) The term ‘similarly situated United 

9 States workers’ includes United States workers 

10 performing similar duties, subject to similar su11 pervision, and with similar educational back12 grounds, industry expertise, employment experi13 ence, levels of responsibility, and skill sets as 

14 the alien in the same geographic area of em15 ployment as the alien. 

16 ‘‘(B) The duties, hours, and compensation 

17 of the alien are ‘commensurate’ with those of18 fered to United States workers in the same area 

19 of employment if the employer can demonstrate 

20 that the duties, hours, and compensation are 

21 consistent with the range of such terms and 

22 conditions the employer has offered or would 

23 offer to similarly situated United States em24 ployees.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 245(k) of 

2 the Immigration and Nationality Act (8 U.S.C. 1255(k)) 

3 is amended by adding ‘‘or (n)’’ after ‘‘pursuant to sub4 section (a)’’. 

Æ 


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