II 

118TH CONGRESS 

1ST SESSION S. 3291 

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 

NOVEMBER 13, 2023 

Mr. CRAMER (for himself, Mr. HICKENLOOPER, and Ms. COLLINS) 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 2023’’ or the 

6 ‘‘EAGLE Act of 2023’’. 


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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 02:31 Nov 14, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3291.IS S3291

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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 Equal Access to Green cards 

15 for Legal Employment Act of 2023, the Secretary of 

16 Labor shall establish a searchable internet website 

17 for posting positions in accordance with paragraph 

18 (1)(C) that is available to the public without charge, 

19 except that the Secretary may delay the launch of 

20 such website for a single period identified by the 

21 Secretary by notice in the Federal Register that 

22 shall not exceed 30 days. 

23 ‘‘(B) The Secretary may work with private com24 panies or nonprofit organizations to develop and opVerDate Sep 11 2014 02:31 Nov 14, 2023 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3291.IS S3291

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1 erate the internet website described in subparagraph 

2 (A). 

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

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

5 this paragraph.’’. 

6 (b) PUBLICATION REQUIREMENT.—The Secretary of 

7 Labor shall submit to Congress, and publish in the Fed8 eral Register and in other appropriate media, a notice of 

9 the date on which the internet website required under sec10 tion 212(n)(6) of the Immigration and Nationality Act, 

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

12 (c) APPLICATION.—The amendment made by sub13 section (a) shall apply beginning on the date that is 90 

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

15 (d) INTERNET POSTING REQUIREMENT.—Section 

16 212(n)(1)(C) of the Immigration and Nationality Act (8 

17 U.S.C. 1182(n)(1)(C)) is amended— 

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

19 (II); 

20 (2) by striking ‘‘(I) has provided’’ and inserting 

21 the following: 

22 ‘‘(ii)(I) has provided’’; and 

23 (3) by inserting before clause (ii), as redesig24 nated by paragraph (2), the following: 


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1 ‘‘(i) except in the case of an employer fil2 ing a petition on behalf of an H–1B non3 immigrant who has already been counted 

4 against the numerical limitations and is not eli5 gible for a full 6-year period, as described in 

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

7 nonimmigrant authorized to accept employment 

8 under section 214(n), has posted on the inter9 net website described in paragraph (6), for at 

10 least 30 calendar days, a description of each po11 sition for which a nonimmigrant is sought, that 

12 includes— 

13 ‘‘(I) the occupational classification, 

14 and if different the employer’s job title for 

15 the position, in which each nonimmigrant 

16 will be employed; 

17 ‘‘(II) the education, training, or expe18 rience qualifications for the position; 

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

20 employee benefits offered; 

21 ‘‘(IV) each location at which a non22 immigrant will be employed; and 

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

24 position; and’’. 


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

2 (a) WAGE DETERMINATION INFORMATION.—Section 

3 212(n)(1)(D) of the Immigration and Nationality Act (8 

4 U.S.C. 1182(n)(1)(D)) is amended by inserting ‘‘the pre5 vailing wage determination methodology used under sub6 paragraph (A)(i)(II),’’ after ‘‘shall contain’’. 

7 (b) NEW APPLICATION REQUIREMENTS.—Section 

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

9 U.S.C. 1182(n)(1)) is amended by inserting after subpara10 graph (G) the following: 

11 ‘‘(H)(i) The employer, or a person or entity act12 ing on the employer’s behalf, has not advertised any 

13 available position specified in the application in an 

14 advertisement that states or indicates that— 

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

16 individual who is or will be an H–1B non17 immigrant; or 

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

19 1B nonimmigrant shall receive priority or a 

20 preference in the hiring process for such posi21 tion. 

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

23 individuals who are or who will be H–1B non24 immigrants to fill such position. 

25 ‘‘(I) If the employer, in a previous period speci26 fied by the Secretary, employed one or more H–1B 


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1 nonimmigrants, the employer shall submit to the 

2 Secretary the Internal Revenue Service Form W–2 

3 Wage and Tax Statements filed by the employer 

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

5 period.’’. 

6 (c) ADDITIONAL REQUIREMENT FOR NEW H–1B PE7 TITIONS.— 

8 (1) IN GENERAL.—Section 212(n)(1) of the Im9 migration and Nationality Act (8 U.S.C. 

10 1182(n)(1)), as amended by subsection (b), is fur11 ther amended by inserting after subparagraph (I), 

12 the following: 

13 ‘‘(J)(i) If the employer employs 50 or more em14 ployees in the United States, the sum of the number 

15 of such employees who are H–1B nonimmigrants 

16 plus the number of such employees who are non17 immigrants described in section 101(a)(15)(L) does 

18 not exceed 50 percent of the total number of em19 ployees. 

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

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

22 of the Internal Revenue Code of 1986 shall be treat23 ed as a single employer for purposes of clause (i).’’. 

24 (2) RULE OF CONSTRUCTION.—Nothing in sub25 paragraph (J) of section 212(n)(1) of the ImmigraVerDate Sep 11 2014 02:31 Nov 14, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3291.IS S3291

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1 tion and Nationality Act (8 U.S.C. 1182(n)(1)), as 

2 added by paragraph (1), may be construed to pro3 hibit renewal applications or change of employer ap4 plications for H–1B nonimmigrants employed by an 

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

6 (3) APPLICATION.—The amendment made by 

7 this subsection shall apply with respect to an em8 ployer commencing on the date that is 180 days 

9 after the date of the enactment of this Act. 

10 (d) LABOR CONDITION APPLICATION FEE.—Section 

11 212(n) of the Immigration and Nationality Act (8 U.S.C. 

12 1182(n)), as amended by section 3(a), is further amended 

13 by adding at the end the following: 

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

15 regulation that requires applicants under this subsection 

16 to pay an administrative fee to cover the average paper17 work processing costs and other administrative costs. 

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

19 deposited as offsetting receipts within the general fund of 

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

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

22 and Enforcement Account’ and shall remain available 

23 until expended. 

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

25 amounts in such account to the Secretary of Labor for 


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1 salaries and related expenses associated with the adminis2 tration, oversight, investigation, and enforcement of the 

3 H–1B nonimmigrant visa program.’’. 

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

5 214(g) of the Immigration and Nationality Act (8 U.S.C. 

6 1184(g)) is amended by adding at the end the following: 

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

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

9 seeks admission to the United States to provide services 

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

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

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

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

14 authorize the admission of an alien under section 

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

16 purpose of performing skilled or unskilled labor if such 

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

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

19 214(g) of the Immigration and Nationality Act (8 U.S.C. 

20 1184(g)), as amended by subsection (e), is further amend21 ed by adding at the end the following: 

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

23 101(a)(15)(I) who seeks admission to the United States 

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

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


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

2 in such vocation.’’. 

3 (g) MEMBERSHIP IN TOTALITARIAN PARTY.—Sec4 tion 214(g) of the Immigration and Nationality Act (8 

5 U.S.C. 1184(g)), as amended by subsections (e) and (f), 

6 is further amended by adding at the end the following: 

7 ‘‘(14)(A) Except as provided in this paragraph, an 

8 alien who is or has been a member of or affiliated with 

9 the Communist or any other totalitarian party (or subdivi10 sion or affiliate thereof), domestic or foreign, may not be 

11 issued a visa or admitted under section 101(a)(15)(H)(i). 

12 ‘‘(B) Subparagraph (A) shall not apply to an alien 

13 because of membership or affiliation if the alien estab14 lishes to the satisfaction of the consular officer when ap15 plying for a visa (or to the satisfaction of the Secretary 

16 of Homeland Security when applying for admission) under 

17 section 101(a)(15)(H)(i) that the membership or affili18 ation is or was involuntary, or is or was solely when under 

19 16 years of age, by operation of law, or for purposes of 

20 obtaining employment, food rations, or other essentials of 

21 living and whether necessary for such purposes. 

22 ‘‘(C) Subparagraph (A) shall not apply to an alien 

23 because of membership or affiliation if the alien estab24 lishes to the satisfaction of the consular officer when ap25 plying for a visa (or to the satisfaction of the Secretary 


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1 of Homeland Security when applying for admission) under 

2 section 101(a)(15)(H)(i) that— 

3 ‘‘(i) the membership or affiliation terminated at 

4 least— 

5 ‘‘(I) 2 years before the date of such appli6 cation; or 

7 ‘‘(II) 5 years before the date of such appli8 cation, in the case of an alien whose member9 ship or affiliation was with the party controlling 

10 the government of a foreign state that is a to11 talitarian dictatorship as of such date; and 

12 ‘‘(ii) the alien is not a threat to the security of 

13 the United States. 

14 ‘‘(D) The Secretary of Homeland Security may, in 

15 the Secretary’s discretion, waive the application of sub16 paragraph (A) in the case of an alien who is the parent, 

17 spouse, son, daughter, brother, or sister of a citizen of the 

18 United States or a spouse, son, or daughter of an alien 

19 lawfully admitted for permanent residence for humani20 tarian purposes, to assure family unity, or when it is oth21 erwise in the public interest if the alien is not a threat 

22 to the security of the United States.’’. 


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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 02:31 Nov 14, 2023 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3291.IS S3291

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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 Equal Access to Green 

21 cards for Legal Employment Act of 2023; 

22 and 

23 ‘‘(ii) except as provided in subpara24 graph (B), shall cease to apply as of the 


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1 date that is nine years after the date of the 

2 enactment of such Act. 

3 ‘‘(B) This subsection shall continue to 

4 apply with respect to any alien who has filed an 

5 application for adjustment of status under this 

6 subsection any time prior to the date on which 

7 this subsection otherwise ceases to apply. 

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

9 subsection: 

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

11 States workers’ includes United States workers 

12 performing similar duties, subject to similar su13 pervision, and with similar educational back14 grounds, industry expertise, employment experi15 ence, levels of responsibility, and skill sets as 

16 the alien in the same geographic area of em17 ployment as the alien. 

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

19 of the alien are ‘commensurate’ with those of20 fered to United States workers in the same area 

21 of employment if the employer can demonstrate 

22 that the duties, hours, and compensation are 

23 consistent with the range of such terms and 

24 conditions the employer has offered or would 


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1 offer to similarly situated United States em2 ployees.’’. 

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

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

5 is amended by adding ‘‘or (n)’’ after ‘‘pursuant to sub6 section (a)’’. 

Æ 


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