I 

118TH CONGRESS 

1ST SESSION H. R. 6542 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2023 

Mr. MCCORMICK (for himself, Mr. KRISHNAMOORTHI, and Ms. JAYAPAL) introduced the following bill; which was 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 ‘‘Immigration Visa Effi5 ciency and Security 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 the 

16 Immigration and Nationality Act (8 U.S.C. 1152) is 

17 amended— 

18 (1) in subsection (a)— 

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

20 subsections (a) and (b) of section 203’’ and in21 serting ‘‘section 203(a)’’; and 

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

23 (2) by amending subsection (e) to read as fol24 lows: 

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

26 If the total number of immigrant visas made available 

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

2 or dependent area will exceed the numerical limitation 

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

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

5 (to the extent practicable and otherwise consistent with 

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

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

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

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

10 made available under the respective paragraph to the total 

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

12 (c) APPLICATION.—The amendments made by this 

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

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

15 the enactment of this Act. 

16 (d) TRANSITION RULES FOR EMPLOYMENT-BASED

17 IMMIGRANTS.—Notwithstanding title II of the Immigra18 tion and Nationality Act (8 U.S.C. 1151 et seq.), the fol19 lowing transition rules shall apply to employment-based 

20 immigrants, beginning on the date referred to in sub21 section (d): 

22 (1) RESERVED VISAS FOR LOWER ADMISSION

23 STATES.— 

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

25 years after the date referred to in subsection 

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1 (d), immigrant visas under each of paragraphs 

2 (2) and (3) of section 203(b) of the Immigra3 tion and Nationality Act (8 U.S.C. 1153(b)) 

4 shall be reserved and allocated to immigrants 

5 who are natives of a foreign state or dependent 

6 area that is not one of the two foreign states 

7 or dependent areas with the highest demand for 

8 immigrant visas as follows: 

9 (i) For the first fiscal year after such 

10 date, 30 percent of such visas. 

11 (ii) For the second fiscal year after 

12 such date, 25 percent of such visas. 

13 (iii) For the third fiscal year after 

14 such date, 20 percent of such visas. 

15 (iv) For the fourth fiscal year after 

16 such date, 15 percent of such visas. 

17 (v) For the fifth and sixth fiscal years 

18 after such date, 10 percent of such visas. 

19 (vi) For the seventh, eighth, and 

20 ninth fiscal years after such date, 5 per21 cent of such visas. 

22 (B) ADDITIONAL RESERVED VISAS FOR

23 NEW ARRIVALS.—For each of the first nine fis24 cal years after the date referred to in subsection 

25 (d), an additional 5.75 percent of the immiVerDate Sep 11 2014 19:41 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6542.IH H6542
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1 grant visas made available under each of para2 graphs (2) and (3) of section 203(b) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1153(b)) shall be allocated to immigrants who 

5 are natives of a foreign state or dependent area 

6 that is not one of the two foreign states or de7 pendent areas with the highest demand for im8 migrant visas. Such additional visas shall be al9 located in the following order of priority: 

10 (i) FAMILY MEMBERS ACCOMPANYING

11 OR FOLLOWING TO JOIN.—Visas reserved 

12 under this subparagraph shall be allocated 

13 to family members described in section 

14 203(d) of the Immigration and Nationality 

15 Act (8 U.S.C. 1153(d)) who are accom16 panying or following to join a principal 

17 beneficiary who is in the United States and 

18 has been granted an immigrant visa or ad19 justment of status to lawful permanent 

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

21 section 203(b) of the Immigration and Na22 tionality Act (8 U.S.C. 1153(b)). 

23 (ii) NEW PRINCIPAL ARRIVALS.—If at 

24 the end of the second quarter of any fiscal 

25 year, the total number of visas reserved 

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1 under this subparagraph exceeds the num2 ber of qualified immigrants described in 

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

4 for the remainder of the fiscal year, to in5 dividuals (and their family members de6 scribed in section 203(d) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1153(d))) who are seeking an immigrant 

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

10 203(b) of the Immigration and Nationality 

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

12 States as new immigrants, and who have 

13 not resided or worked in the United States 

14 at any point in the four-year period imme15 diately preceding the filing of the immi16 grant visa petition. 

17 (iii) OTHER NEW ARRIVALS.—If at 

18 the end of the third quarter of any fiscal 

19 year, the total number of visas reserved 

20 under this subparagraph exceeds the num21 ber of qualified immigrants described in 

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

23 be allocated, for the remainder of the fiscal 

24 year, to other individuals (and their family 

25 members described in section 203(d) of the 

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

2 1153(d))) who are seeking an immigrant 

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

4 203(b) of the Immigration and Nationality 

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

6 (2) RESERVED VISAS FOR SHORTAGE OCCUPA7 TIONS.— 

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

9 seven fiscal years after the date referred to in 

10 subsection (d), not fewer than 4,400 of the im11 migrant visas made available under section 

12 203(b)(3) of the Immigration and Nationality 

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

14 under paragraph (1), shall be allocated to immi15 grants who are seeking admission to the United 

16 States to work in an occupation described in 

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

18 Regulations (or any successor regulation). 

19 (B) FAMILY MEMBERS.—Family members 

20 who are accompanying or following to join a 

21 principal beneficiary described in subparagraph 

22 (A) shall be entitled to a visa in the same sta23 tus and in the same order of consideration as 

24 such principal beneficiary, but such visa shall 

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1 not be counted against the 4,400 immigrant 

2 visas reserved under such subparagraph. 

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

4 first nine fiscal years after the date referred to in 

5 subsection (d)— 

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

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

8 case of a dependent area) of the total number 

9 of visas reserved under paragraph (1) shall be 

10 allocated to immigrants who are natives of any 

11 single foreign state or dependent area; and 

12 (B) not more than 85 percent of the immi13 grant visas made available under each of para14 graphs (2) and (3) of section 203(b) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1153(b)) and not reserved under paragraph (1), 

17 may be allocated to immigrants who are native 

18 to any single foreign state or dependent area. 

19 (4) SPECIAL RULE TO PREVENT UNUSED

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

21 fiscal year, the Secretary of State determines that 

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

23 result in visas made available under paragraph (2) 

24 or (3) of section 203(b) of the Immigration and Na25 tionality Act (8 U.S.C. 1153(b)) going unused in 

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1 that fiscal year, such visas may be allocated during 

2 the remainder of such fiscal year without regard to 

3 paragraphs (1) through (3). 

4 (5) RULES FOR CHARGEABILITY AND DEPEND5 ENTS.—Section 202(b) of the Immigration and Na6 tionality Act (8 U.S.C. 1152(b)) shall apply in deter7 mining the foreign state to which an alien is charge8 able, and section 203(d) of such Act (8 U.S.C. 

9 1153(d)) shall apply in allocating immigrant visas to 

10 family members, for purposes of this subsection. 

11 (6) DETERMINATION OF TWO FOREIGN STATES

12 OR DEPENDENT AREAS WITH HIGHEST DEMAND.— 

13 The two foreign states or dependent areas with the 

14 highest demand for immigrant visas, as referred to 

15 in this subsection, are the two foreign states or de16 pendent areas with the largest aggregate number 

17 beneficiaries of petitions for an immigrant visa 

18 under section 203(b) of the Immigration and Na19 tionality Act (8 U.S.C. 1153(b)) that have been ap20 proved, but where an immigrant visa is not yet avail21 able, as determined by the Secretary of State, in 

22 consultation with the Secretary of Homeland Secu23 rity. 

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1 SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DE2 PARTMENT OF LABOR. 

3 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

4 212(n) of the Immigration and Nationality Act (8 U.S.C. 

5 1182(n)) is amended by adding at the end the following: 

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

7 (1)(C): 

8 ‘‘(A) Not later than 180 days after the 

9 date of the enactment of the Immigration Visa 

10 Efficiency and Security Act of 2023, the Sec11 retary of Labor shall establish a searchable 

12 internet website for posting positions in accord13 ance with paragraph (1)(C) that is available to 

14 the public without charge. 

15 ‘‘(B) The Secretary may delay the launch 

16 of the website described in subparagraph (A) 

17 for a single period identified by the Secretary 

18 by notice in the Federal Register that shall not 

19 exceed 30 days. 

20 ‘‘(C) The Secretary may work with private 

21 companies or nonprofit organizations to develop 

22 and operate the internet website described in 

23 subparagraph (A). 

24 ‘‘(D) The Secretary shall promulgate rules, 

25 after notice and a period for comment, to carry 

26 out this paragraph.’’. 

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1 (b) PUBLICATION REQUIREMENT.—The Secretary of 

2 Labor shall submit to Congress, and publish in the Fed3 eral Register and in other appropriate media, a notice of 

4 the date on which the internet website required under sec5 tion 212(n)(6) of the Immigration and Nationality Act, 

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

7 (c) APPLICATION.—The amendment made by sub8 section (a) shall apply beginning on the date that is 90 

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

10 (d) INTERNET POSTING REQUIREMENT.—Section 

11 212(n)(1)(C) of the Immigration and Nationality Act (8 

12 U.S.C. 1182(n)(1)(C)) is amended— 

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

14 (II); 

15 (2) by striking ‘‘(i) has provided notice of the 

16 filing under this paragraph’’ and inserting the fol17 lowing: 

18 ‘‘(ii)(I) has provided notice of the fil19 ing under this paragraph’’; and 

20 (3) by inserting before clause (ii), as redesig21 nated by paragraph (2), the following: 

22 ‘‘(i) except in the case of an employer 

23 filing a petition on behalf of an H–1B non24 immigrant who has already been counted 

25 against the numerical limitations and is 

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1 not eligible for a full 6-year period, as de2 scribed in section 214(g)(7), or on behalf 

3 of an H–1B nonimmigrant authorized to 

4 accept employment under section 214(n), 

5 has posted on the internet website de6 scribed in paragraph (6), for at least 30 

7 calendar days, a description of each posi8 tion for which a nonimmigrant is sought, 

9 that includes— 

10 ‘‘(I) the occupational classifica11 tion, and if different the employer’s 

12 job title for the position, in which 

13 each nonimmigrant will be employed; 

14 ‘‘(II) the education, training, or 

15 experience qualifications for the posi16 tion; 

17 ‘‘(III) the salary or wage range 

18 and employee benefits offered; 

19 ‘‘(IV) each location at which a 

20 nonimmigrant will be employed; and 

21 ‘‘(V) the process for applying for 

22 a position; and’’. 

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

24 (a) WAGE DETERMINATION INFORMATION.—Section 

25 212(n)(1)(D) of the Immigration and Nationality Act (8 

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1 U.S.C. 1182(n)(1)(D)) is amended by inserting ‘‘the pre2 vailing wage determination methodology used under sub3 paragraph (A)(i)(II),’’ after ‘‘shall contain’’. 

4 (b) NEW APPLICATION REQUIREMENTS.—Section 

5 212(n)(1) of the Immigration and Nationality Act (8 

6 U.S.C. 1182(n)(1)) is amended by inserting after subpara7 graph (G) the following new subparagraph: 

8 ‘‘(H)(i) The employer, or a person or enti9 ty acting on the employer’s behalf, has not ad10 vertised any available position specified in the 

11 application in an advertisement that states or 

12 indicates that— 

13 ‘‘(I) such position is only available to 

14 an individual who is or will be an H–1B 

15 nonimmigrant; or 

16 ‘‘(II) an individual who is or will be 

17 an H–1B nonimmigrant shall receive pri18 ority or a preference in the hiring process 

19 for such position. 

20 ‘‘(ii) The employer has not primarily re21 cruited individuals who are or who will be H– 

22 1B nonimmigrants to fill such position. 

23 ‘‘(iii) If the employer, in a previous period 

24 specified by the Secretary, employed one or 

25 more H–1B nonimmigrants, the employer shall 

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1 submit to the Secretary the Internal Revenue 

2 Service Form W–2 Wage and Tax Statements 

3 filed by the employer with respect to the H–1B 

4 nonimmigrants for such period.’’. 

5 (c) ADDITIONAL REQUIREMENT FOR NEW H–1B PE6 TITIONS.— 

7 (1) IN GENERAL.—Section 212(n)(1) of the Im8 migration and Nationality Act (8 U.S.C. 

9 1182(n)(1)), as amended by subsection (b), is fur10 ther amended by inserting after subparagraph (I), 

11 the following: 

12 ‘‘(J)(i) If the employer employs 50 or more 

13 employees in the United States, the sum of the 

14 number of such employees who are H–1B non15 immigrants plus the number of such employees 

16 who are nonimmigrants described in section 

17 101(a)(15)(L) does not exceed 50 percent of 

18 the total number of employees. 

19 ‘‘(ii) Any group treated as a single em20 ployer under subsection (b), (c), (m), or (o) of 

21 section 414 of the Internal Revenue Code of 

22 1986 shall be treated as a single employer for 

23 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 19:41 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H6542.IH H6542
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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 promul15 gate a regulation that requires applicants under this 

16 subsection to pay an administrative fee to cover the 

17 average paperwork processing costs and other ad18 ministrative costs. 

19 ‘‘(B)(i) Fees collected under this paragraph 

20 shall be deposited as offsetting receipts within the 

21 general fund of the Treasury in a separate account, 

22 which shall be known as the ‘H–1B Administration, 

23 Oversight, Investigation, and Enforcement Account’ 

24 and shall remain available until expended. 

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

2 amounts in such account to the Secretary of Labor 

3 for salaries and related expenses associated with the 

4 administration, oversight, investigation, and enforce5 ment of the H–1B nonimmigrant visa program.’’. 

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

7 214(g) of the Immigration and Nationality Act (8 U.S.C. 

8 1184(g)) is amended by adding at the end the following: 

9 ‘‘(12)(A) Unless otherwise authorized by law, 

10 an alien normally classifiable under section 

11 101(a)(15)(H)(i) who seeks admission to the United 

12 States to provide services in a specialty occupation 

13 described in paragraph (1) or (3) of subsection (i) 

14 may not be issued a visa or admitted under section 

15 101(a)(15)(B) for such purpose. 

16 ‘‘(B) Nothing in this paragraph may be con17 strued to authorize the admission of an alien under 

18 section 101(a)(15)(B) who is coming to the United 

19 States for the purpose of performing skilled or un20 skilled labor if such admission is not otherwise au21 thorized by law.’’. 

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

23 214(g) of the Immigration and Nationality Act (8 U.S.C. 

24 1184(g)), as amended by subsection (e), is further amend25 ed by adding at the end the following: 

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1 ‘‘(13) An alien normally classifiable under sec2 tion 101(a)(15)(I) who seeks admission to the 

3 United States solely as a representative of the for4 eign press, radio, film, or other foreign information 

5 media, may not be issued a visa or admitted under 

6 section 101(a)(15)(H)(i) to engage in such voca7 tion.’’. 

8 SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 

9 AGAINST H–1B EMPLOYERS. 

10 (a) INVESTIGATION, WORKING CONDITIONS, AND

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

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

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

14 ‘‘(iv)(I) An employer that has filed an 

15 application under this subsection violates 

16 this clause by taking, failing to take, or 

17 threatening to take or fail to take a per18 sonnel action, or intimidating, threatening, 

19 restraining, coercing, blacklisting, dis20 charging, or discriminating in any other 

21 manner against an employee because the 

22 employee— 

23 ‘‘(aa) disclosed information that 

24 the employee reasonably believes evi25 dences a violation of this subsection or 

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1 any rule or regulation pertaining to 

2 this subsection; or 

3 ‘‘(bb) cooperated or sought to co4 operate with the requirements under 

5 this subsection or any rule or regula6 tion pertaining to this subsection. 

7 ‘‘(II) An employer that violates this 

8 clause shall be liable to the employee 

9 harmed by such violation for lost wages 

10 and benefits. 

11 ‘‘(III) In this clause, the term ‘em12 ployee’ includes— 

13 ‘‘(aa) a current employee; 

14 ‘‘(bb) a former employee; and 

15 ‘‘(cc) an applicant for employ16 ment.’’. 

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

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

19 1182(n)(2)(H)) is amended to read as follows: 

20 ‘‘(H)(i) The Director of U.S. Citizenship 

21 and Immigration Services shall provide the Sec22 retary of Labor with any information contained 

23 in the materials submitted by employers of H– 

24 1B nonimmigrants as part of the petition adju25 dication process that indicates that the emVerDate Sep 11 2014 19:41 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H6542.IH H6542
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1 ployer is not complying with visa program re2 quirements for H–1B nonimmigrants. 

3 ‘‘(ii) The Secretary may initiate and con4 duct an investigation and hearing under this 

5 paragraph after receiving information of non6 compliance under this subparagraph.’’. 

7 SEC. 6. LABOR CONDITION APPLICATIONS. 

8 (a) APPLICATION REVIEW REQUIREMENTS.—Section 

9 212(n)(1) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(n)(1)) is amended, in the undesignated mat11 ter following subparagraph (I), as added by section 4(b)— 

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

13 through the internet website of the Department of 

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

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

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

17 indicators of fraud or misrepresentation of material 

18 fact,’’; 

19 (3) in the sixth sentence, by striking ‘‘or obvi20 ously inaccurate’’ and inserting ‘‘, presents clear in21 dicators of fraud or misrepresentation of material 

22 fact, or is obviously inaccurate’’; and 

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

24 Secretary’s review of an application identifies clear 

25 indicators of fraud or misrepresentation of material 

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1 fact, the Secretary may conduct an investigation and 

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

3 (b) ENSURING PREVAILING WAGES ARE FOR AREA

4 OF EMPLOYMENT AND ACTUAL WAGES ARE FOR SIMI5 LARLY EMPLOYED.—Section 212(n)(1)(A) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is 

7 amended— 

8 (1) in clause (i), in the undesignated matter fol9 lowing subclause (II), by striking ‘‘and’’ at the end; 

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

11 end and inserting ‘‘, and’’; and 

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

13 ‘‘(iii) will ensure that— 

14 ‘‘(I) the actual wages or range 

15 identified in clause (i) relate solely to 

16 employees having substantially the 

17 same duties and responsibilities as the 

18 H–1B nonimmigrant in the geo19 graphical area of intended employ20 ment, considering experience, quali21 fications, education, job responsibility 

22 and function, specialized knowledge, 

23 and other legitimate business factors, 

24 except in a geographical area there 

25 are no such employees, and 

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1 ‘‘(II) the prevailing wages identi2 fied in clause (ii) reflect the best 

3 available information for the geo4 graphical area within normal com5 muting distance of the actual address 

6 of employment at which the H–1B 

7 nonimmigrant is or will be em8 ployed.’’. 

9 (c) PROCEDURES FOR INVESTIGATION AND DISPOSI10 TION.—Section 212(n)(2)(A) of the Immigration and Na11 tionality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 

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

13 ‘‘(2)(A)(i) Subject’’; 

14 (2) by striking the fourth sentence; and 

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

16 ‘‘(ii)(I) Upon receipt of a complaint 

17 under clause (i), the Secretary may initiate 

18 an investigation to determine whether such 

19 a failure or misrepresentation has oc20 curred. 

21 ‘‘(II) The Secretary may conduct— 

22 ‘‘(aa) surveys of the degree to 

23 which employers comply with the re24 quirements under this subsection; and 

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1 ‘‘(bb) subject to subclause (IV), 

2 annual compliance audits of any em3 ployer that employs H–1B non4 immigrants during the applicable cal5 endar year. 

6 ‘‘(III) Subject to subclause (IV), the 

7 Secretary shall— 

8 ‘‘(aa) conduct annual compliance 

9 audits of each employer that employs 

10 more than 100 full-time equivalent 

11 employees who are employed in the 

12 United States if more than 15 percent 

13 of such full-time employees are H–1B 

14 nonimmigrants; and 

15 ‘‘(bb) make available to the pub16 lic an executive summary or report de17 scribing the general findings of the 

18 audits conducted under this subclause. 

19 ‘‘(IV) In the case of an employer sub20 ject to an annual compliance audit in 

21 which there was no finding of a willful fail22 ure to meet a condition under subpara23 graph (C)(ii), no further annual compli24 ance audit shall be conducted with respect 

25 to such employer for a period of not less 

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1 than 4 years, absent evidence of misrepre2 sentation or fraud.’’. 

3 (d) PENALTIES FOR VIOLATIONS.—Section 

4 212(n)(2)(C) of the Immigration and Nationality Act (8 

5 U.S.C. 1182(n)(2)(C)) is amended— 

6 (1) in clause (i)— 

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

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

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

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

11 (1)(I)’’; and 

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

13 and inserting ‘‘$3,000’’; 

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

15 inserting ‘‘$15,000’’; 

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

17 inserting ‘‘$100,000’’; and 

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

19 inserting ‘‘$3,000’’. 

20 (e) INITIATION OF INVESTIGATIONS.—Section 

21 212(n)(2)(G) of the Immigration and Nationality Act (8 

22 U.S.C. 1182(n)(2)(G)) is amended— 

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

24 investigation’’ in the second sentence and all that 

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

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1 (2) in clause (ii), in the first sentence, by strik2 ing ‘‘and whose identity’’ and all that follows 

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

4 Secretary of Labor may conduct an investigation 

5 into the employer’s compliance with the require6 ments under this subsection.’’; 

7 (3) in clause (iii), by striking the second sen8 tence; 

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

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

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

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

13 (A) by striking ‘‘clause (viii)’’ and insert14 ing ‘‘clause (vi)’’; and 

15 (B) by striking ‘‘meet a condition de16 scribed in clause (ii)’’ and inserting ‘‘comply 

17 with the requirements under this subsection’’; 

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

19 to read as follows: 

20 ‘‘(v)(I) The Secretary of Labor shall 

21 provide notice to an employer of the intent 

22 to conduct an investigation under clause (i) 

23 or (ii). 

24 ‘‘(II) The notice shall be provided in 

25 such a manner, and shall contain sufficient 

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1 detail, to permit the employer to respond 

2 to the allegations before an investigation is 

3 commenced. 

4 ‘‘(III) The Secretary is not required 

5 to comply with this clause if the Secretary 

6 determines that such compliance would 

7 interfere with an effort by the Secretary to 

8 investigate or secure compliance by the em9 ployer with the requirements of this sub10 section. 

11 ‘‘(IV) A determination by the Sec12 retary under this clause shall not be sub13 ject to judicial review.’’; 

14 (8) in clause (vi), as so redesignated, by strik15 ing ‘‘An investigation’’ in the first sentence and all 

16 that follows through ‘‘the determination.’’ in the sec17 ond sentence and inserting ‘‘If the Secretary of 

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

19 determines that a reasonable basis exists to make a 

20 finding that the employer has failed to comply with 

21 the requirements under this subsection, the Sec22 retary shall provide interested parties with notice of 

23 such determination and an opportunity for a hearing 

24 in accordance with section 556 of title 5, United 

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

2 of such determination.’’; and 

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

4 ‘‘(vii) If the Secretary of Labor, after 

5 a hearing, finds that the employer has vio6 lated a requirement under this subsection, 

7 the Secretary may impose a penalty pursu8 ant to subparagraph (C).’’. 

9 SEC. 7. WAGE REQUIREMENT. 

10 Section 212(n) of the Immigration and Nationality 

11 Act (8 U.S.C. 1182(n)) is amended— 

12 (1) in paragraph (1)— 

13 (A) by amending subparagraph (A) to read 

14 as follows: 

15 ‘‘(A) Subject to subparagraphs (B) and 

16 (C), the employer— 

17 ‘‘(i) is offering and will offer during 

18 the period of authorized employment to 

19 aliens admitted or provided status as an 

20 H–1B nonimmigrant wages that are at 

21 least the greater of— 

22 ‘‘(I) $90,000 or the applicable 

23 adjusted amount under subclause (II), 

24 or 

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1 ‘‘(II) the actual wage level paid 

2 by the employer to all other individ3 uals with similar experience and quali4 fications for the specific employment 

5 in question, or 

6 ‘‘(III) the prevailing wage level 

7 for the occupational classification in 

8 the area of employment, and 

9 ‘‘(ii) will provide working conditions 

10 for such a nonimmigrant that will not ad11 versely affect the working conditions of 

12 workers similarly employed. 

13 ‘‘(B) Effective for the third fiscal year that 

14 begins after the date of the enactment of this 

15 clause, and each third fiscal year thereafter, the 

16 amount described in subparagraph (A)(i)(I) (as 

17 of the last increase to such amount) shall be in18 creased by the percentage by which the Con19 sumer Price Index, as calculated by the Bureau 

20 of Labor Statistics, for the month of June pre21 ceding the date on which such increase would 

22 take effect exceeds the Consumer Price Index 

23 for the June of the third preceding calendar 

24 year. 

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1 ‘‘(C) Post-secondary education institutions, 

2 any organization described in section 501(c)(3) 

3 of the Internal Revenue Code of 1986 which is 

4 exempt from taxation under section 501(a) of 

5 such Code, and any health care provider located 

6 in designated health professional shortage areas 

7 pursuant to section 332 of the Public Health 

8 Service Act, shall be exempt from the minimum 

9 under subparagraph (A) and have their applica10 tions considered equally.’’; and 

11 (B) by redesignating subparagraphs (B), 

12 (C), (D), (E), (F), and (G) as subparagraphs 

13 (D), (E), (F), (G), (H), and (I), respectively; 

14 and 

15 (2) in paragraph (3)(B), by striking clause (i) 

16 and inserting the following: 

17 ‘‘(i) the term ‘exempt H–1B non18 immigrant’ means an H–1B nonimmigrant 

19 who receives wages in accordance with 

20 paragraph (1)(A);’’. 

21 SEC. 8. PROHIBITION OF CERTAIN VISAS FOR NATIONALS 

22 OF FOREIGN ADVERSARY COUNTRIES. 

23 Notwithstanding any other provision of law, an alien 

24 from a foreign adversary country as defined in 47 U.S.C. 

25 1607(c)(2) may not be admitted as a nonimmigrant under 

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1 section 101(a)(15)(H)(i)(b) or section 101(a)(15)(H)(iii) 

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

3 1101(a)(15)(H)(i)(b); 1101(a)(1)(H)(iii)) for employment 

4 in any matter with respect to the vital national interest. 

5 SEC. 9. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED 

6 IMMIGRANTS. 

7 (a) ADJUSTMENT OF STATUS FOR EMPLOYMENT8 BASED IMMIGRANTS.—Section 245 of the Immigration 

9 and Nationality Act (8 U.S.C. 1255) is amended by add10 ing at the end the following: 

11 ‘‘(o) ADJUSTMENT OF STATUS FOR EMPLOYMENT12 BASED IMMIGRANTS.— 

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

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

15 child, if eligible to receive a visa under section 

16 203(d)), may file an application for adjustment of 

17 status if— 

18 ‘‘(A) the alien— 

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

20 pursuant to a lawful admission as a non21 immigrant, other than a nonimmigrant de22 scribed in subparagraph (B), (C), (D), or 

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

24 or section 217; and 

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

2 ineligible for adjustment of status under 

3 subsection (c); and 

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

5 since the immigrant visa petition filed by or on 

6 behalf of the alien under subparagraph (E) or 

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

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

9 of a principal alien who files an application for ad10 justment of status under this subsection shall con11 tinue to qualify as a child for purposes of the appli12 cation, regardless of the child’s age or whether the 

13 principal alien is deceased at the time an immigrant 

14 visa becomes available. 

15 ‘‘(3) TRAVEL AND EMPLOYMENT AUTHORIZA16 TION.— 

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

18 adjustment of status under this subsection shall 

19 be eligible for advance parole under the same 

20 terms and conditions as applicants for adjust21 ment of status under subsection (a). 

22 ‘‘(B) EMPLOYMENT AUTHORIZATION.— 

23 ‘‘(i) PRINCIPAL ALIEN.—Subject to 

24 paragraph (4), a principal applicant for 

25 adjustment of status under this subsection 

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1 shall be eligible for work authorization 

2 under the same terms and conditions as 

3 applicants for adjustment of status under 

4 subsection (a). 

5 ‘‘(ii) LIMITATIONS ON EMPLOYMENT

6 AUTHORIZATION FOR DEPENDENTS.—A 

7 dependent alien who was neither author8 ized to work nor eligible to request work 

9 authorization at the time an application for 

10 adjustment of status is filed under this 

11 subsection shall not be eligible to receive 

12 work authorization due to the filing of 

13 such application. 

14 ‘‘(4) CONDITIONS ON ADJUSTMENT OF STATUS

15 AND EMPLOYMENT AUTHORIZATION FOR PRINCIPAL

16 ALIENS.— 

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

18 application for adjustment of status under this 

19 subsection is pending and until such time an 

20 immigrant visa becomes available— 

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

22 alien’s employment, including duties, 

23 hours, and compensation, must be com24 mensurate with the terms and conditions 

25 applicable to the employer’s similarly situVerDate Sep 11 2014 19:41 Dec 13, 2023 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H6542.IH H6542
32 

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1 ated United States workers in the area of 

2 employment, or if the employer does not 

3 employ and has not recently employed 

4 more than two such workers, the terms 

5 and conditions of such employment must 

6 be commensurate with the terms and con7 ditions applicable to other similarly situ8 ated United States workers in the area of 

9 employment; and 

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

11 the alien changes positions or employers, 

12 the new position shall be in the same or a 

13 similar occupational classification as the 

14 job for which the petition was filed. 

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

16 application for adjustment of status filed by a 

17 principal alien under this subsection shall be ac18 companied by— 

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

20 alien’s current or prospective employer at21 testing that the terms and conditions of 

22 the alien’s employment are commensurate 

23 with the terms and conditions of employ24 ment for similarly situated United States 

25 workers in the area of employment; and 

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1 ‘‘(ii) other information deemed nec2 essary by the Secretary of Homeland Secu3 rity to verify compliance with subpara4 graph (A). 

5 ‘‘(C) APPLICATION FOR EMPLOYMENT AU6 THORIZATION.— 

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

8 employment authorization filed by a prin9 cipal applicant for adjustment of status 

10 under this subsection shall be accompanied 

11 by a Confirmation of Bona Fide Job Offer 

12 or Portability (or any form associated with 

13 section 204(j)) attesting that— 

14 ‘‘(I) the job offered in the immi15 grant visa petition remains a bona 

16 fide job offer that the alien intends to 

17 accept upon approval of the adjust18 ment of status application; or 

19 ‘‘(II) the alien has accepted a 

20 new full-time job in the same or a 

21 similar occupational classification as 

22 the job described in the approved im23 migrant visa petition. 

24 ‘‘(ii) VALIDITY.—An employment au25 thorization document issued to a principal 

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1 alien who has filed an application for ad2 justment of status under this subsection 

3 shall be valid for three years. 

4 ‘‘(iii) RENEWAL.—Any request by a 

5 principal alien to renew an employment au6 thorization document associated with such 

7 alien’s application for adjustment of status 

8 filed under this subsection shall be accom9 panied by the evidence described in sub10 paragraphs (B) and (C)(i). 

11 ‘‘(5) DECISION.— 

12 ‘‘(A) IN GENERAL.—An adjustment of sta13 tus application filed under paragraph (1) may 

14 not be approved— 

15 ‘‘(i) until the date on which an immi16 grant visa becomes available; and 

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

18 within the preceding 12 months, filed a 

19 Confirmation of Bona Fide Job Offer or 

20 Portability (or any form associated with 

21 section 204(j)). 

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

23 time an immigrant visa becomes available, a 

24 Confirmation of Bona Fide Job Offer or Port25 ability (or any form associated with section 

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1 204(j)) has not been filed by the principal alien 

2 within the preceding 12 months, the Secretary 

3 of Homeland Security shall notify the alien and 

4 provide instructions for submitting such form. 

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

6 most recent Confirmation of Bona Fide Job 

7 Offer or Portability (or any form associated 

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

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

10 Secretary of Homeland Security shall issue a 

11 notice of intent to deny the application for ad12 justment of status and provide the alien the op13 portunity to submit evidence of compliance. 

14 ‘‘(D) DENIAL.—An application for adjust15 ment of status under this subsection may be de16 nied if the alien fails to— 

17 ‘‘(i) timely file a Confirmation of 

18 Bona Fide Job Offer or Portability (or any 

19 form associated with section 204(j)) in re20 sponse to a request for evidence issued 

21 under subparagraph (B); or 

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

23 the evidence, compliance with paragraph 

24 (4)(A). 

25 ‘‘(6) FEES.— 

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

2 other provision of law, the Secretary of Home3 land Security shall charge and collect a fee in 

4 the amount of $2,000 to process each Con5 firmation of Bona Fide Job Offer or Portability 

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

7 filed under this subsection. 

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

9 collected under subparagraph (A) shall be de10 posited and used as follows: 

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

12 deposited in the Immigration Examinations 

13 Fee Account established under section 

14 286(m). 

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

16 be deposited in the Treasury of the United 

17 States as miscellaneous receipts. 

18 ‘‘(7) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—The provisions of this 

20 subsection— 

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

22 that is one year after the date of the en23 actment of the Immigration Visa Effi24 ciency and Security Act of 2023; and 

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1 ‘‘(ii) except as provided in subpara2 graph (B), shall cease to apply as of the 

3 date that is nine years after the date of the 

4 enactment of such Act. 

5 ‘‘(B) APPLICABILITY.—This subsection 

6 shall continue to apply with respect to any alien 

7 who has filed an application for adjustment of 

8 status under this subsection any time prior to 

9 the date on which this subsection otherwise 

10 ceases to apply. 

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

12 subsection: 

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

14 States workers’ includes United States workers 

15 performing similar duties, subject to similar su16 pervision, and with similar educational back17 grounds, industry expertise, employment experi18 ence, levels of responsibility, and skill sets as 

19 the alien in the same geographic area of em20 ployment as the alien. 

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

22 of the alien are ‘commensurate’ with those of23 fered to United States workers in the same area 

24 of employment if the employer can demonstrate 

25 that the duties, hours, and compensation are 

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1 consistent with the range of such terms and 

2 conditions the employer has offered or would 

3 offer to similarly situated United States em4 ployees.’’. 

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

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

7 is amended by adding ‘‘or (n)’’ after ‘‘pursuant to sub8 section (a)’’. 

9 SEC. 10. DESCRIPTIONS OF CERTAIN TERMS; REPORT RE10 QUIRED. 

11 (a) MATTER OF VITAL NATIONAL INTEREST DE12 SCRIBED.—The term ‘‘matter of vital national interest’’ 

13 means an occupation where the employee will be working 

14 on a government contract related to matters, including— 

15 (1) cybersecurity; 

16 (2) energy; or 

17 (3) the national defense. 

18 (b) DETERMINATION UPDATE REQUIRED.—The Sec19 retary of Homeland Security shall update a determination 

20 made pursuant to subsection (a) not less than every two 

21 years. 

22 (c) REPORT REQUIRED.— 

23 (1) REPORT.—Not later than 180 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Homeland Security shall report to Congress on 

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1 the countries and sectors of industry, respectively, 

2 that meet the determination made pursuant to sub3 sections (a). 

4 (2) REPORT UPDATE REQUIRED.—The Sec5 retary of Homeland Security shall update the report 

6 under paragraph (1) after any change is made to a 

7 determination made pursuant to subsections (a) and 

8 shall update the report not less than every two 

9 years. 

Æ