I 

117TH CONGRESS 

1ST SESSION H. R. 3648 

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 

JUNE 1, 2021 

Ms. LOFGREN (for herself, Mr. CURTIS, Mr. NADLER, Mr. JOHNSON of Ohio, 

Ms. BASS, Mr. FITZPATRICK, Mr. CICILLINE, Mr. VELA, Mr. SWALWELL, 

Mr. LANGEVIN, Mr. WELCH, Mrs. LURIA, Mr. CORREA, Mr. GARAMENDI, 

Ms. SCHRIER, Mr. COHEN, Mr. SEAN PATRICK MALONEY of New York, 

Mr. KRISHNAMOORTHI, Mr. YARMUTH, and Mr. KHANNA) 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, 


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1 SECTION 1. SHORT TITLE. 

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

3 cards for Legal Employment Act of 2021’’ or the 

4 ‘‘EAGLE Act of 2021’’. 

5 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

6 STATE. 

7 (a) IN GENERAL.—Section 202(a)(2) of the Immi8 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 

9 amended to read as follows: 

10 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON11 SORED IMMIGRANTS.—Subject to paragraphs (3) 

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

13 available to natives of any single foreign state or de14 pendent area under section 203(a) in any fiscal year 

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

16 foreign state) or 2 percent (in the case of a depend17 ent area) of the total number of such visas made 

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

19 (b) CONFORMING AMENDMENTS.—Section 202 of 

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

21 (1) in subsection (a)— 

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

23 subsections (a) and (b) of section 203’’ and in24 serting ‘‘section 203(a)’’; and 

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


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1 (2) by amending subsection (e) to read as fol2 lows: 

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

4 If the total number of immigrant visas made available 

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

6 or dependent area will exceed the numerical limitation 

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

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

9 (to the extent practicable and otherwise consistent with 

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

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

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

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

14 made available under the respective paragraph to the total 

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

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

17 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 

18 note) is amended— 

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

20 in subsection (e))’’; 

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

22 (3) by redesignating subsection (e) as sub23 section (d). 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on the first day of the second 


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1 fiscal year beginning after the date of the enactment of 

2 this Act, and shall apply to that fiscal year and each sub3 sequent fiscal year. 

4 (e) TRANSITION RULES FOR EMPLOYMENT-BASED

5 IMMIGRANTS.—Notwithstanding title II of the Immigra6 tion and Nationality Act (8 U.S.C. 1151 et seq.), the fol7 lowing transition rules shall apply to employment-based 

8 immigrants, beginning on the effective date referred to in 

9 subsection (d): 

10 (1) RESERVED VISAS FOR LOWER ADMISSION

11 STATES.— 

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

13 years after the effective date referred to in sub14 section (d), immigrant visas under each of 

15 paragraphs (2) and (3) of section 203(b) of the 

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

17 1153(b)) shall be reserved and allocated to im18 migrants who are natives of a foreign state or 

19 dependent area that is not one of the two for20 eign states or dependent areas with the highest 

21 demand for immigrant visas as follows: 

22 (i) For the first fiscal year after such 

23 effective date, 30 percent of such visas. 


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1 (ii) For the second fiscal year after 

2 such effective date, 25 percent of such 

3 visas. 

4 (iii) For the third fiscal year after 

5 such effective date, 20 percent of such 

6 visas. 

7 (iv) For the fourth fiscal year after 

8 such effective date, 15 percent of such 

9 visas. 

10 (v) For the fifth and sixth fiscal years 

11 after such effective date, 10 percent of 

12 such visas. 

13 (vi) For the seventh, eighth, and 

14 ninth fiscal years after such effective date, 

15 5 percent of such visas. 

16 (B) ADDITIONAL RESERVED VISAS FOR

17 NEW ARRIVALS.—For each of the first nine fis18 cal years after the effective date referred to in 

19 subsection (d), an additional 5.75 percent of the 

20 immigrant visas made available under each of 

21 paragraphs (2) and (3) of section 203(b) of the 

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

23 1153(b)) shall be allocated to immigrants who 

24 are natives of a foreign state or dependent area 

25 that is not one of the two foreign states or deVerDate Sep 11 2014 20:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3648.IH H3648

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1 pendent areas with the highest demand for im2 migrant visas. Such additional visas shall be al3 located in the following order of priority: 

4 (i) FAMILY MEMBERS ACCOMPANYING

5 OR FOLLOWING TO JOIN.—Visas reserved 

6 under this subparagraph shall be allocated 

7 to family members described in section 

8 203(d) of the Immigration and Nationality 

9 Act (8 U.S.C. 1153(d)) who are accom10 panying or following to join a principal 

11 beneficiary who is in the United States and 

12 has been granted an immigrant visa or ad13 justment of status to lawful permanent 

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

15 section 203(b) of the Immigration and Na16 tionality Act (8 U.S.C. 1153(b)). 

17 (ii) NEW PRINCIPAL ARRIVALS.—If at 

18 the end of the second 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 clause (i), such visas may also be allocated, 

23 for the remainder of the fiscal year, to in24 dividuals (and their family members de25 scribed in section 203(d) of the ImmigraVerDate Sep 11 2014 20:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3648.IH H3648

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1 tion 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)) to enter the United 

6 States as new immigrants, and who have 

7 not resided or worked in the United States 

8 at any point in the four-year period imme9 diately preceding the filing of the immi10 grant visa petition. 

11 (iii) OTHER NEW ARRIVALS.—If at 

12 the end of the third quarter of any fiscal 

13 year, the total number of visas reserved 

14 under this subparagraph exceeds the num15 ber of qualified immigrants described in 

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

17 be allocated, for the remainder of the fiscal 

18 year, to other individuals (and their family 

19 members described in section 203(d) of the 

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

21 1153(d))) who are seeking an immigrant 

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

23 203(b) of the Immigration and Nationality 

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


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1 (2) RESERVED VISAS FOR SHORTAGE OCCUPA2 TIONS.— 

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

4 seven fiscal years after the effective date re5 ferred to in subsection (d), not fewer than 

6 4,400 of the immigrant visas made available 

7 under section 203(b)(3) of the Immigration and 

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

9 reserved under paragraph (1), shall be allocated 

10 to immigrants who are seeking admission to the 

11 United States to work in an occupation de12 scribed in section 656.5(a) of title 20, Code of 

13 Federal Regulations (or any successor regula14 tion). 

15 (B) FAMILY MEMBERS.—Family members 

16 who are accompanying or following to join a 

17 principal beneficiary described in subparagraph 

18 (A) shall be entitled to a visa in the same sta19 tus and in the same order of consideration as 

20 such principal beneficiary, but such visa shall 

21 not be counted against the 4,400 immigrant 

22 visas reserved under such subparagraph. 

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

24 first nine fiscal years after the effective date referred 

25 to in subsection (d)— 


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

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

3 case of a dependent area) of the total number 

4 of visas reserved under paragraph (1) shall be 

5 allocated to immigrants who are natives of any 

6 single foreign state or dependent area; and 

7 (B) not more than 85 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)) and not reserved under paragraph (1), 

12 may be allocated to immigrants who are native 

13 to any single foreign state or dependent area. 

14 (4) SPECIAL RULE TO PREVENT UNUSED

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

16 fiscal year, the Secretary of State determines that 

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

18 result in visas made available under paragraph (2) 

19 or (3) of section 203(b) of the Immigration and Na20 tionality Act (8 U.S.C. 1153(b)) going unused in 

21 that fiscal year, such visas may be allocated during 

22 the remainder of such fiscal year without regard to 

23 paragraphs (1) through (3). 

24 (5) RULES FOR CHARGEABILITY AND DEPEND25 ENTS.—Section 202(b) of the Immigration and NaVerDate Sep 11 2014 20:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3648.IH H3648

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1 tionality Act (8 U.S.C. 1152(b)) shall apply in deter2 mining the foreign state to which an alien is charge3 able, and section 203(d) of such Act (8 U.S.C. 

4 1153(d)) shall apply in allocating immigrant visas to 

5 family members, for purposes of this subsection. 

6 (6) DETERMINATION OF TWO FOREIGN STATES

7 OR DEPENDENT AREAS WITH HIGHEST DEMAND.— 

8 The two foreign states or dependent areas with the 

9 highest demand for immigrant visas, as referred to 

10 in this subsection, are the two foreign states or de11 pendent areas with the largest aggregate number 

12 beneficiaries of petitions for an immigrant visa 

13 under section 203(b) of the Immigration and Na14 tionality Act (8 U.S.C. 1153(b)) that have been ap15 proved, but where an immigrant visa is not yet avail16 able, as determined by the Secretary of State, in 

17 consultation with the Secretary of Homeland Secu18 rity. 

19 SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DE20 PARTMENT OF LABOR. 

21 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

22 212(n) of the Immigration and Nationality Act (8 U.S.C. 

23 1182(n)) is amended by adding at the end the following: 

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

25 (1)(C): 


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

2 date of the enactment of the Equal Access to 

3 Green cards for Legal Employment Act of 

4 2021, the Secretary of Labor shall establish a 

5 searchable internet website for posting positions 

6 in accordance with paragraph (1)(C) that is 

7 available to the public without charge, except 

8 that the Secretary may delay the launch of such 

9 website for a single period identified by the Sec10 retary by notice in the Federal Register that 

11 shall not exceed 30 days. 

12 ‘‘(B) The Secretary may work with private 

13 companies or nonprofit organizations to develop 

14 and operate the internet website described in 

15 subparagraph (A). 

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

17 after notice and a period for comment, to carry 

18 out this paragraph.’’. 

19 (b) PUBLICATION REQUIREMENT.—The Secretary of 

20 Labor shall submit to Congress, and publish in the Fed21 eral Register and in other appropriate media, a notice of 

22 the date on which the internet website required under sec23 tion 212(n)(6) of the Immigration and Nationality Act, 

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


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1 (c) APPLICATION.—The amendment made by sub2 section (a) shall apply to any application filed on or after 

3 the date that is 90 days after the date described in sub4 section (b). 

5 (d) INTERNET POSTING REQUIREMENT.—Section 

6 212(n)(1)(C) of the Immigration and Nationality Act (8 

7 U.S.C. 1182(n)(1)(C)) is amended— 

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

9 (II); 

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

11 the following: 

12 ‘‘(ii)(I) has provided’’; and 

13 (3) by inserting before clause (ii), as redesig14 nated by paragraph (2), the following: 

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

16 filing a petition on behalf of an H–1B non17 immigrant who has already been counted 

18 against the numerical limitations and is 

19 not eligible for a full 6-year period, as de20 scribed in section 214(g)(7), or on behalf 

21 of an H–1B nonimmigrant authorized to 

22 accept employment under section 214(n), 

23 has posted on the internet website de24 scribed in paragraph (6), for at least 30 

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1 tion for which a nonimmigrant is sought, 

2 that includes— 

3 ‘‘(I) the occupational classifica4 tion, and if different the employer’s 

5 job title for the position, in which the 

6 nonimmigrant(s) will be employed; 

7 ‘‘(II) the education, training, or 

8 experience qualifications for the posi9 tion; 

10 ‘‘(III) the salary or wage range 

11 and employee benefits offered; 

12 ‘‘(IV) the location(s) at which the 

13 nonimmigrant(s) will be employed; 

14 and 

15 ‘‘(V) the process for applying for 

16 a position; and’’. 

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

18 (a) WAGE DETERMINATION INFORMATION.—Section 

19 212(n)(1)(D) of the Immigration and Nationality Act (8 

20 U.S.C. 1182(n)(1)(D)) is amended by inserting ‘‘the pre21 vailing wage determination methodology used under sub22 paragraph (A)(i)(II),’’ after ‘‘shall contain’’. 

23 (b) NEW APPLICATION REQUIREMENTS.—Section 

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


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1 U.S.C. 1182(n)(1)) is amended by inserting after subpara2 graph (G)(ii) the following: 

3 ‘‘(H)(i) The employer, or a person or enti4 ty acting on the employer’s behalf, has not ad5 vertised any available position specified in the 

6 application in an advertisement that states or 

7 indicates that— 

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

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

10 nonimmigrant; or 

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

12 an H–1B nonimmigrant shall receive pri13 ority or a preference in the hiring process 

14 for such position. 

15 ‘‘(ii) The employer has not primarily re16 cruited individuals who are or who will be H– 

17 1B nonimmigrants to fill such position. 

18 ‘‘(I) If the employer, in a previous period 

19 specified by the Secretary, employed one or 

20 more H–1B nonimmigrants, the employer shall 

21 submit to the Secretary the Internal Revenue 

22 Service Form W–2 Wage and Tax Statements 

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

24 nonimmigrants for such period.’’. 


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1 (c) ADDITIONAL REQUIREMENT FOR NEW H–1B PE2 TITIONS.— 

3 (1) IN GENERAL.—Section 212(n)(1) of the Im4 migration and Nationality Act (8 U.S.C. 

5 1182(n)(1)), as amended by subsection (b), is fur6 ther amended by inserting after subparagraph (I), 

7 the following: 

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

9 employees in the United States, the sum of the 

10 number of such employees who are H–1B non11 immigrants plus the number of such employees 

12 who are nonimmigrants described in section 

13 101(a)(15)(L) does not exceed 50 percent of 

14 the total number of employees. 

15 ‘‘(ii) Any group treated as a single em16 ployer under subsection (b), (c), (m), or (o) of 

17 section 414 of the Internal Revenue Code of 

18 1986 shall be treated as a single employer for 

19 purposes of clause (i).’’. 

20 (2) RULE OF CONSTRUCTION.—Nothing in sub21 paragraph (J) of section 212(n)(1) of the Immigra22 tion and Nationality Act (8 U.S.C. 1182(n)(1)), as 

23 added by paragraph (1), may be construed to pro24 hibit renewal applications or change of employer apVerDate Sep 11 2014 20:57 Jul 09, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3648.IH H3648

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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) EFFECTIVE DATE.—The amendment made 

4 by this subsection shall take effect on the date that 

5 is 180 days after the date of the enactment of this 

6 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 promul12 gate a regulation that requires applicants under this 

13 subsection to pay an administrative fee to cover the 

14 average paperwork processing costs and other ad15 ministrative costs. 

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

17 shall be deposited as offsetting receipts within the 

18 general fund of the Treasury in a separate account, 

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

20 Oversight, Investigation, and Enforcement Account’ 

21 and shall remain available until expended. 

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

23 amounts in such account to the Secretary of Labor 

24 for salaries and related expenses associated with the 


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1 administration, oversight, investigation, and enforce2 ment of the H–1B nonimmigrant visa program.’’. 

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

4 214(g) of the Immigration and Nationality Act (8 U.S.C. 

5 1184(g)) is amended by adding at the end the following: 

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

7 an alien normally classifiable under section 

8 101(a)(15)(H)(i) who seeks admission to the United 

9 States to provide services in a specialty occupation 

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

11 may not be issued a visa or admitted under section 

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

13 ‘‘(B) Nothing in this paragraph may be con14 strued to authorize the admission of an alien under 

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

16 States for the purpose of performing skilled or un17 skilled labor if such admission is not otherwise au18 thorized by law.’’. 

19 SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 

20 AGAINST H–1B EMPLOYERS. 

21 (a) INVESTIGATION, WORKING CONDITIONS, AND

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

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

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


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

2 application under this subsection violates 

3 this clause by taking, failing to take, or 

4 threatening to take or fail to take a per5 sonnel action, or intimidating, threatening, 

6 restraining, coercing, blacklisting, dis7 charging, or discriminating in any other 

8 manner against an employee because the 

9 employee— 

10 ‘‘(aa) disclosed information that 

11 the employee reasonably believes evi12 dences a violation of this subsection or 

13 any rule or regulation pertaining to 

14 this subsection; or 

15 ‘‘(bb) cooperated or sought to co16 operate with the requirements under 

17 this subsection or any rule or regula18 tion pertaining to this subsection. 

19 ‘‘(II) An employer that violates this 

20 clause shall be liable to the employee 

21 harmed by such violation for lost wages 

22 and benefits. 

23 ‘‘(III) In this clause, the term ‘em24 ployee’ includes— 

25 ‘‘(aa) a current employee; 


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1 ‘‘(bb) a former employee; and 

2 ‘‘(cc) an applicant for employ3 ment.’’. 

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

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

6 1182(n)(2)(H)) is amended to read as follows: 

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

8 and Immigration Services shall provide the Sec9 retary of Labor with any information contained 

10 in the materials submitted by employers of H– 

11 1B nonimmigrants as part of the petition adju12 dication process that indicates that the em13 ployer is not complying with visa program re14 quirements for H–1B nonimmigrants. 

15 ‘‘(ii) The Secretary may initiate and con16 duct an investigation and hearing under this 

17 paragraph after receiving information of non18 compliance under this subparagraph.’’. 

19 SEC. 6. LABOR CONDITION APPLICATIONS. 

20 (a) APPLICATION REVIEW REQUIREMENTS.—Section 

21 212(n)(1) of the Immigration and Nationality Act (8 

22 U.S.C. 1182(n)(1)) is amended, in the undesignated mat23 ter following subparagraph (I), as added by section 4(b)— 


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

2 through the internet website of the Department of 

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

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

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

6 indicators of fraud or misrepresentation of material 

7 fact,’’; 

8 (3) in the sixth sentence, by striking ‘‘or obvi9 ously inaccurate’’ and inserting ‘‘, presents clear in10 dicators of fraud or misrepresentation of material 

11 fact, or is obviously inaccurate’’; and 

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

13 Secretary’s review of an application identifies clear 

14 indicators of fraud or misrepresentation of material 

15 fact, the Secretary may conduct an investigation and 

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

17 (b) ENSURING PREVAILING WAGES ARE FOR AREA

18 OF EMPLOYMENT AND ACTUAL WAGES ARE FOR SIMI19 LARLY EMPLOYED.—Section 212(n)(1)(A) of the Immi20 gration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is 

21 amended— 

22 (1) in clause (i), in the undesignated matter fol23 lowing subclause (II), by striking ‘‘and’’ at the end; 

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

25 end and inserting ‘‘, and’’; and 


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

2 ‘‘(iii) will ensure that— 

3 ‘‘(I) the actual wages or range 

4 identified in clause (i) relate solely to 

5 employees having substantially the 

6 same duties and responsibilities as the 

7 H–1B nonimmigrant in the geo8 graphical area of intended employ9 ment, considering experience, quali10 fications, education, job responsibility 

11 and function, specialized knowledge, 

12 and other legitimate business factors, 

13 except in a geographical area there 

14 are no such employees, and 

15 ‘‘(II) the prevailing wages identi16 fied in clause (ii) reflect the best 

17 available information for the geo18 graphical area within normal com19 muting distance of the actual address 

20 of employment at which the H–1B 

21 nonimmigrant is or will be em22 ployed.’’. 

23 (c) PROCEDURES FOR INVESTIGATION AND DISPOSI24 TION.—Section 212(n)(2)(A) of the Immigration and Na25 tionality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 


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

2 ‘‘(2)(A)(i) Subject’’; 

3 (2) by striking the fourth sentence; and 

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

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

6 under clause (i), the Secretary may initiate 

7 an investigation to determine whether such 

8 a failure or misrepresentation has oc9 curred. 

10 ‘‘(II) The Secretary may conduct— 

11 ‘‘(aa) surveys of the degree to 

12 which employers comply with the re13 quirements under this subsection; and 

14 ‘‘(bb) subject to subclause (IV), 

15 annual compliance audits of any em16 ployer that employs H–1B non17 immigrants during the applicable cal18 endar year. 

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

20 Secretary shall— 

21 ‘‘(aa) conduct annual compliance 

22 audits of each employer that employs 

23 more than 100 full-time equivalent 

24 employees who are employed in the 

25 United States if more than 15 percent 


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

2 nonimmigrants; and 

3 ‘‘(bb) make available to the pub4 lic an executive summary or report de5 scribing the general findings of the 

6 audits conducted under this subclause. 

7 ‘‘(IV) In the case of an employer sub8 ject to an annual compliance audit in 

9 which there was no finding of a willful fail10 ure to meet a condition under subpara11 graph (C)(ii), no further annual compli12 ance audit shall be conducted with respect 

13 to such employer for a period of not less 

14 than 4 years, absent evidence of misrepre15 sentation or fraud.’’. 

16 (d) PENALTIES FOR VIOLATIONS.—Section 

17 212(n)(2)(C) of the Immigration and Nationality Act (8 

18 U.S.C. 1182(n)(2)(C)) is amended— 

19 (1) in clause (i)— 

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

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

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

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

24 1(I)’’; and 


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

2 and inserting ‘‘$3,000’’; 

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

4 inserting ‘‘$15,000’’; 

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

6 inserting ‘‘$100,000’’; and 

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

8 inserting ‘‘$3,000’’. 

9 (e) INITIATION OF INVESTIGATIONS.—Section 

10 212(n)(2)(G) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(n)(2)(G)) is amended— 

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

13 investigation’’ in the second sentence and all that 

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

15 (2) in clause (ii), in the first sentence, by strik16 ing ‘‘and whose identity’’ and all that follows 

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

18 Secretary of Labor may conduct an investigation 

19 into the employer’s compliance with the require20 ments under this subsection.’’; 

21 (3) in clause (iii), by striking the second sen22 tence; 

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

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

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


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

2 (A) by striking ‘‘clause (viii)’’ and insert3 ing ‘‘clause (vi)’’; and 

4 (B) by striking ‘‘meet a condition de5 scribed in clause (ii)’’ and inserting ‘‘comply 

6 with the requirements under this subsection’’; 

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

8 to read as follows: 

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

10 provide notice to an employer of the intent 

11 to conduct an investigation under clause (i) 

12 or (ii). 

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

14 such a manner, and shall contain sufficient 

15 detail, to permit the employer to respond 

16 to the allegations before an investigation is 

17 commenced. 

18 ‘‘(III) The Secretary is not required 

19 to comply with this clause if the Secretary 

20 determines that such compliance would 

21 interfere with an effort by the Secretary to 

22 investigate or secure compliance by the em23 ployer with the requirements of this sub24 section. 


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1 ‘‘(IV) A determination by the Sec2 retary under this clause shall not be sub3 ject to judicial review.’’; 

4 (8) in clause (vi), as so redesignated, by strik5 ing ‘‘An investigation’’ in the first sentence and all 

6 that follows through ‘‘the determination.’’ in the sec7 ond sentence and inserting ‘‘If the Secretary of 

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

9 determines that a reasonable basis exists to make a 

10 finding that the employer has failed to comply with 

11 the requirements under this subsection, the Sec12 retary shall provide interested parties with notice of 

13 such determination and an opportunity for a hearing 

14 in accordance with section 556 of title 5, United 

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

16 of such determination.’’; and 

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

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

19 a hearing, finds that the employer has vio20 lated a requirement under this subsection, 

21 the Secretary may impose a penalty pursu22 ant 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 ‘‘(n) 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 (Form I–485 Supplement J, 

9 or any successor form) 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 (Form I–485 Supplement J, or 

18 any successor form). 

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 (Form I–485 Supplement J, or any suc23 cessor form) has not been filed by the principal 

24 alien within the preceding 12 months, the Sec25 retary of Homeland Security shall notify the 


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1 alien and provide instructions for submitting 

2 such form. 

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

4 most recent Confirmation of Bona Fide Job 

5 Offer or Portability (Form I–485 Supplement 

6 J, or any successor form) or any prior form in7 dicates a lack of compliance with paragraph 

8 (4)(A), the Secretary of Homeland Security 

9 shall issue a notice of intent to deny the appli10 cation for adjustment of status and provide the 

11 alien the opportunity to submit evidence of 

12 compliance. 

13 ‘‘(D) DENIAL.—An application for adjust14 ment of status under this subsection may be de15 nied if the alien fails to— 

16 ‘‘(i) timely file a Confirmation of 

17 Bona Fide Job Offer or Portability (Form 

18 I–485 Supplement J, or any successor 

19 form) in response to a request for evidence 

20 issued under subparagraph (B); or 

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

22 the evidence, compliance with paragraph 

23 (4)(A). 

24 ‘‘(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 (Form I–485 Supplement J, or any successor 

7 form) 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) EFFECTIVE DATE.— 

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

20 ‘‘(i) shall take effect one year after 

21 the date of the enactment of the Equal Ac22 cess to Green cards for Legal Employment 

23 Act of 2021; and 

24 ‘‘(ii) except as provided in subpara25 graph (B), shall cease to have effect as of 


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1 the date that is nine years after the date 

2 of the enactment of such Act. 

3 ‘‘(B) This subsection shall continue in ef4 fect 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 have effect. 

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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