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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3648 Introduced in House (IH)]

<DOC>

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 employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Green cards for 
Legal Employment Act of 2021'' or the ``EAGLE Act of 2021''.

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as follows:
            ``(2) Per country levels for family-sponsored immigrants.--
        Subject to paragraphs (3) and (4), the total number of 
        immigrant visas made available to natives of any single foreign 
        state or dependent area under section 203(a) in any fiscal year 
        may not exceed 15 percent (in the case of a single foreign 
        state) or 2 percent (in the case of a dependent area) of the 
        total number of such visas made available under such section in 
        that fiscal year.''.
    (b) Conforming Amendments.--Section 202 of such Act (8 U.S.C. 1152) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``both 
                subsections (a) and (b) of section 203'' and inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If the total number 
of immigrant visas made available under section 203(a) to natives of 
any single foreign state or dependent area will exceed the numerical 
limitation specified in subsection (a)(2) in any fiscal year, immigrant 
visas shall be allotted to such natives under section 203(a) (to the 
extent practicable and otherwise consistent with this section and 
section 203) in a manner so that, except as provided in subsection 
(a)(4), the proportion of the visas made available under each of 
paragraphs (1) through (4) of section 203(a) is equal to the ratio of 
the total visas made available under the respective paragraph to the 
total visas made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``(as defined in 
        subsection (e))'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the second fiscal year beginning after the 
date of the enactment of this Act, and shall apply to that fiscal year 
and each subsequent fiscal year.
    (e) Transition Rules for Employment-Based Immigrants.--
Notwithstanding title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.), the following transition rules shall apply to 
employment-based immigrants, beginning on the effective date referred 
to in subsection (d):
            (1) Reserved visas for lower admission states.--
                    (A) In general.--For the first nine fiscal years 
                after the effective date referred to in subsection (d), 
                immigrant visas under each of paragraphs (2) and (3) of 
                section 203(b) of the Immigration and Nationality Act 
                (8 U.S.C. 1153(b)) shall be reserved and allocated to 
                immigrants who are natives of a foreign state or 
                dependent area that is not one of the two foreign 
                states or dependent areas with the highest demand for 
                immigrant visas as follows:
                            (i) For the first fiscal year after such 
                        effective date, 30 percent of such visas.
                            (ii) For the second fiscal year after such 
                        effective date, 25 percent of such visas.
                            (iii) For the third fiscal year after such 
                        effective date, 20 percent of such visas.
                            (iv) For the fourth fiscal year after such 
                        effective date, 15 percent of such visas.
                            (v) For the fifth and sixth fiscal years 
                        after such effective date, 10 percent of such 
                        visas.
                            (vi) For the seventh, eighth, and ninth 
                        fiscal years after such effective date, 5 
                        percent of such visas.
                    (B) Additional reserved visas for new arrivals.--
                For each of the first nine fiscal years after the 
                effective date referred to in subsection (d), an 
                additional 5.75 percent of the immigrant visas made 
                available under each of paragraphs (2) and (3) of 
                section 203(b) of the Immigration and Nationality Act 
                (8 U.S.C. 1153(b)) shall be allocated to immigrants who 
                are natives of a foreign state or dependent area that 
                is not one of the two foreign states or dependent areas 
                with the highest demand for immigrant visas. Such 
                additional visas shall be allocated in the following 
                order of priority:
                            (i) Family members accompanying or 
                        following to join.--Visas reserved under this 
                        subparagraph shall be allocated to family 
                        members described in section 203(d) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1153(d)) who are accompanying or following to 
                        join a principal beneficiary who is in the 
                        United States and has been granted an immigrant 
                        visa or adjustment of status to lawful 
                        permanent residence under paragraph (2) or (3) 
                        of section 203(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)).
                            (ii) New principal arrivals.--If at the end 
                        of the second quarter of any fiscal year, the 
                        total number of visas reserved under this 
                        subparagraph exceeds the number of qualified 
                        immigrants described in clause (i), such visas 
                        may also be allocated, for the remainder of the 
                        fiscal year, to individuals (and their family 
                        members described in section 203(d) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1153(d))) who are seeking an immigrant visa 
                        under paragraph (2) or (3) of section 203(b) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1153(b)) to enter the United States as new 
                        immigrants, and who have not resided or worked 
                        in the United States at any point in the four-
                        year period immediately preceding the filing of 
                        the immigrant visa petition.
                            (iii) Other new arrivals.--If at the end of 
                        the third quarter of any fiscal year, the total 
                        number of visas reserved under this 
                        subparagraph exceeds the number of qualified 
                        immigrants described in clauses (i) and (ii), 
                        such visas may be also be allocated, for the 
                        remainder of the fiscal year, to other 
                        individuals (and their family members described 
                        in section 203(d) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(d))) who are 
                        seeking an immigrant visa under paragraph (2) 
                        or (3) of section 203(b) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)).
            (2) Reserved visas for shortage occupations.--
                    (A) In general.--For each of the first seven fiscal 
                years after the effective date referred to in 
                subsection (d), not fewer than 4,400 of the immigrant 
                visas made available under section 203(b)(3) of the 
                Immigration and Nationality Act (8 U.S.C. 1153(b)(3)), 
                and not reserved under paragraph (1), shall be 
                allocated to immigrants who are seeking admission to 
                the United States to work in an occupation described in 
                section 656.5(a) of title 20, Code of Federal 
                Regulations (or any successor regulation).
                    (B) Family members.--Family members who are 
                accompanying or following to join a principal 
                beneficiary described in subparagraph (A) shall be 
                entitled to a visa in the same status and in the same 
                order of consideration as such principal beneficiary, 
                but such visa shall not be counted against the 4,400 
                immigrant visas reserved under such subparagraph.
            (3) Per-country levels.--For each of the first nine fiscal 
        years after the effective date referred to in subsection (d)--
                    (A) not more than 25 percent (in the case of a 
                single foreign state) or 2 percent (in the case of a 
                dependent area) of the total number of visas reserved 
                under paragraph (1) shall be allocated to immigrants 
                who are natives of any single foreign state or 
                dependent area; and
                    (B) not more than 85 percent of the immigrant visas 
                made available under each of paragraphs (2) and (3) of 
                section 203(b) of the Immigration and Nationality Act 
                (8 U.S.C. 1153(b)) and not reserved under paragraph 
                (1), may be allocated to immigrants who are native to 
                any single foreign state or dependent area.
            (4) Special rule to prevent unused visas.--If, at the end 
        of the third quarter of any fiscal year, the Secretary of State 
        determines that the application of paragraphs (1) through (3) 
        would result in visas made available under paragraph (2) or (3) 
        of section 203(b) of the Immigration and Nationality Act (8 
        U.S.C. 1153(b)) going unused in that fiscal year, such visas 
        may be allocated during the remainder of such fiscal year 
        without regard to paragraphs (1) through (3).
            (5) Rules for chargeability and dependents.--Section 202(b) 
        of the Immigration and Nationality Act (8 U.S.C. 1152(b)) shall 
        apply in determining the foreign state to which an alien is 
        chargeable, and section 203(d) of such Act (8 U.S.C. 1153(d)) 
        shall apply in allocating immigrant visas to family members, 
        for purposes of this subsection.
            (6) Determination of two foreign states or dependent areas 
        with highest demand.--The two foreign states or dependent areas 
        with the highest demand for immigrant visas, as referred to in 
        this subsection, are the two foreign states or dependent areas 
        with the largest aggregate number beneficiaries of petitions 
        for an immigrant visa under section 203(b) of the Immigration 
        and Nationality Act (8 U.S.C. 1153(b)) that have been approved, 
        but where an immigrant visa is not yet available, as determined 
        by the Secretary of State, in consultation with the Secretary 
        of Homeland Security.

SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.

    (a) Department of Labor Website.--Section 212(n) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end 
the following:
            ``(6) For purposes of complying with paragraph (1)(C):
                    ``(A) Not later than 180 days after the date of the 
                enactment of the Equal Access to Green cards for Legal 
                Employment Act of 2021, the Secretary of Labor shall 
                establish a searchable internet website for posting 
                positions in accordance with paragraph (1)(C) that is 
                available to the public without charge, except that the 
                Secretary may delay the launch of such website for a 
                single period identified by the Secretary by notice in 
                the Federal Register that shall not exceed 30 days.
                    ``(B) The Secretary may work with private companies 
                or nonprofit organizations to develop and operate the 
                internet website described in subparagraph (A).
                    ``(C) The Secretary shall promulgate rules, after 
                notice and a period for comment, to carry out this 
                paragraph.''.
    (b) Publication Requirement.--The Secretary of Labor shall submit 
to Congress, and publish in the Federal Register and in other 
appropriate media, a notice of the date on which the internet website 
required under section 212(n)(6) of the Immigration and Nationality 
Act, as established by subsection (a), will be operational.
    (c) Application.--The amendment made by subsection (a) shall apply 
to any application filed on or after the date that is 90 days after the 
date described in subsection (b).
    (d) Internet Posting Requirement.--Section 212(n)(1)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(C)) is amended--
            (1) by redesignating clause (ii) as subclause (II);
            (2) by striking ``(i) has provided'' and inserting the 
        following:
                            ``(ii)(I) has provided''; and
            (3) by inserting before clause (ii), as redesignated by 
        paragraph (2), the following:
                            ``(i) except in the case of an employer 
                        filing a petition on behalf of an H-1B 
                        nonimmigrant who has already been counted 
                        against the numerical limitations and is not 
                        eligible for a full 6-year period, as described 
                        in section 214(g)(7), or on behalf of an H-1B 
                        nonimmigrant authorized to accept employment 
                        under section 214(n), has posted on the 
                        internet website described in paragraph (6), 
                        for at least 30 calendar days, a description of 
                        each position for which a nonimmigrant is 
                        sought, that includes--
                                    ``(I) the occupational 
                                classification, and if different the 
                                employer's job title for the position, 
                                in which the nonimmigrant(s) will be 
                                employed;
                                    ``(II) the education, training, or 
                                experience qualifications for the 
                                position;
                                    ``(III) the salary or wage range 
                                and employee benefits offered;
                                    ``(IV) the location(s) at which the 
                                nonimmigrant(s) will be employed; and
                                    ``(V) the process for applying for 
                                a position; and''.

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

    (a) Wage Determination Information.--Section 212(n)(1)(D) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(D)) is amended by 
inserting ``the prevailing wage determination methodology used under 
subparagraph (A)(i)(II),'' after ``shall contain''.
    (b) New Application Requirements.--Section 212(n)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by 
inserting after subparagraph (G)(ii) the following:
                    ``(H)(i) The employer, or a person or entity acting 
                on the employer's behalf, has not advertised any 
                available position specified in the application in an 
                advertisement that states or indicates that--
                            ``(I) such position is only available to an 
                        individual who is or will be an H-1B 
                        nonimmigrant; or
                            ``(II) an individual who is or will be an 
                        H-1B nonimmigrant shall receive priority or a 
                        preference in the hiring process for such 
                        position.
                    ``(ii) The employer has not primarily recruited 
                individuals who are or who will be H-1B nonimmigrants 
                to fill such position.
                    ``(I) If the employer, in a previous period 
                specified by the Secretary, employed one or more H-1B 
                nonimmigrants, the employer shall submit to the 
                Secretary the Internal Revenue Service Form W-2 Wage 
                and Tax Statements filed by the employer with respect 
                to the H-1B nonimmigrants for such period.''.
    (c) Additional Requirement for New H-1B Petitions.--
            (1) In general.--Section 212(n)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection 
        (b), is further amended by inserting after subparagraph (I), 
        the following:
                    ``(J)(i) If the employer employs 50 or more 
                employees in the United States, the sum of the number 
                of such employees who are H-1B nonimmigrants plus the 
                number of such employees who are nonimmigrants 
                described in section 101(a)(15)(L) does not exceed 50 
                percent of the total number of employees.
                    ``(ii) Any group treated as a single employer under 
                subsection (b), (c), (m), or (o) of section 414 of the 
                Internal Revenue Code of 1986 shall be treated as a 
                single employer for purposes of clause (i).''.
            (2) Rule of construction.--Nothing in subparagraph (J) of 
        section 212(n)(1) of the Immigration and Nationality Act (8 
        U.S.C. 1182(n)(1)), as added by paragraph (1), may be construed 
        to prohibit renewal applications or change of employer 
        applications for H-1B nonimmigrants employed by an employer on 
        the date of the enactment of this Act.
            (3) Effective date.--The amendment made by this subsection 
        shall take effect on the date that is 180 days after the date 
        of the enactment of this Act.
    (d) Labor Condition Application Fee.--Section 212(n) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by 
section 3(a), is further amended by adding at the end the following:
            ``(7)(A) The Secretary of Labor shall promulgate a 
        regulation that requires applicants under this subsection to 
        pay an administrative fee to cover the average paperwork 
        processing costs and other administrative costs.
            ``(B)(i) Fees collected under this paragraph shall be 
        deposited as offsetting receipts within the general fund of the 
        Treasury in a separate account, which shall be known as the `H-
        1B Administration, Oversight, Investigation, and Enforcement 
        Account' and shall remain available until expended.
            ``(ii) The Secretary of the Treasury shall refund amounts 
        in such account to the Secretary of Labor for salaries and 
        related expenses associated with the administration, oversight, 
        investigation, and enforcement of the H-1B nonimmigrant visa 
        program.''.
    (e) Elimination of B-1 in Lieu of H-1.--Section 214(g) of the 
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding 
at the end the following:
            ``(12)(A) Unless otherwise authorized by law, an alien 
        normally classifiable under section 101(a)(15)(H)(i) who seeks 
        admission to the United States to provide services in a 
        specialty occupation described in paragraph (1) or (3) of 
        subsection (i) may not be issued a visa or admitted under 
        section 101(a)(15)(B) for such purpose.
            ``(B) Nothing in this paragraph may be construed to 
        authorize the admission of an alien under section 101(a)(15)(B) 
        who is coming to the United States for the purpose of 
        performing skilled or unskilled labor if such admission is not 
        otherwise authorized by law.''.

SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B 
              EMPLOYERS.

    (a) Investigation, Working Conditions, and Penalties.--Section 
212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)(C)) is amended by striking clause (iv) and inserting the 
following:
                            ``(iv)(I) An employer that has filed an 
                        application under this subsection violates this 
                        clause by taking, failing to take, or 
                        threatening to take or fail to take a personnel 
                        action, or intimidating, threatening, 
                        restraining, coercing, blacklisting, 
                        discharging, or discriminating in any other 
                        manner against an employee because the 
                        employee--
                                    ``(aa) disclosed information that 
                                the employee reasonably believes 
                                evidences a violation of this 
                                subsection or any rule or regulation 
                                pertaining to this subsection; or
                                    ``(bb) cooperated or sought to 
                                cooperate with the requirements under 
                                this subsection or any rule or 
                                regulation pertaining to this 
                                subsection.
                            ``(II) An employer that violates this 
                        clause shall be liable to the employee harmed 
                        by such violation for lost wages and benefits.
                            ``(III) In this clause, the term `employee' 
                        includes--
                                    ``(aa) a current employee;
                                    ``(bb) a former employee; and
                                    ``(cc) an applicant for 
                                employment.''.
    (b) Information Sharing.--Section 212(n)(2)(H) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read as 
follows:
                    ``(H)(i) The Director of U.S. Citizenship and 
                Immigration Services shall provide the Secretary of 
                Labor with any information contained in the materials 
                submitted by employers of H-1B nonimmigrants as part of 
                the petition adjudication process that indicates that 
                the employer is not complying with visa program 
                requirements for H-1B nonimmigrants.
                    ``(ii) The Secretary may initiate and conduct an 
                investigation and hearing under this paragraph after 
                receiving information of noncompliance under this 
                subparagraph.''.

SEC. 6. LABOR CONDITION APPLICATIONS.

    (a) Application Review Requirements.--Section 212(n)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in 
the undesignated matter following subparagraph (I), as added by section 
4(b)--
            (1) in the fourth sentence, by inserting ``, and through 
        the internet website of the Department of Labor, without 
        charge.'' after ``Washington, D.C.'';
            (2) in the fifth sentence, by striking ``only for 
        completeness'' and inserting ``for completeness, clear 
        indicators of fraud or misrepresentation of material fact,'';
            (3) in the sixth sentence, by striking ``or obviously 
        inaccurate'' and inserting ``, presents clear indicators of 
        fraud or misrepresentation of material fact, or is obviously 
        inaccurate''; and
            (4) by adding at the end the following: ``If the 
        Secretary's review of an application identifies clear 
        indicators of fraud or misrepresentation of material fact, the 
        Secretary may conduct an investigation and hearing in 
        accordance with paragraph (2).''.
    (b) Ensuring Prevailing Wages Are for Area of Employment and Actual 
Wages Are for Similarly Employed.--Section 212(n)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended--
            (1) in clause (i), in the undesignated matter following 
        subclause (II), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``, and''; and
            (3) by adding at the end the following:
                            ``(iii) will ensure that--
                                    ``(I) the actual wages or range 
                                identified in clause (i) relate solely 
                                to employees having substantially the 
                                same duties and responsibilities as the 
                                H-1B nonimmigrant in the geographical 
                                area of intended employment, 
                                considering experience, qualifications, 
                                education, job responsibility and 
                                function, specialized knowledge, and 
                                other legitimate business factors, 
                                except in a geographical area there are 
                                no such employees, and
                                    ``(II) the prevailing wages 
                                identified in clause (ii) reflect the 
                                best available information for the 
                                geographical area within normal 
                                commuting distance of the actual 
                                address of employment at which the H-1B 
                                nonimmigrant is or will be employed.''.
    (c) Procedures for Investigation and Disposition.--Section 
212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)(A)) is amended--
            (1) by striking ``(2)(A) Subject'' and inserting 
        ``(2)(A)(i) Subject'';
            (2) by striking the fourth sentence; and
            (3) by adding at the end the following:
                            ``(ii)(I) Upon receipt of a complaint under 
                        clause (i), the Secretary may initiate an 
                        investigation to determine whether such a 
                        failure or misrepresentation has occurred.
                            ``(II) The Secretary may conduct--
                                    ``(aa) surveys of the degree to 
                                which employers comply with the 
                                requirements under this subsection; and
                                    ``(bb) subject to subclause (IV), 
                                annual compliance audits of any 
                                employer that employs H-1B 
                                nonimmigrants during the applicable 
                                calendar year.
                            ``(III) Subject to subclause (IV), the 
                        Secretary shall--
                                    ``(aa) conduct annual compliance 
                                audits of each employer that employs 
                                more than 100 full-time equivalent 
                                employees who are employed in the 
                                United States if more than 15 percent 
                                of such full-time employees are H-1B 
                                nonimmigrants; and
                                    ``(bb) make available to the public 
                                an executive summary or report 
                                describing the general findings of the 
                                audits conducted under this subclause.
                            ``(IV) In the case of an employer subject 
                        to an annual compliance audit in which there 
                        was no finding of a willful failure to meet a 
                        condition under subparagraph (C)(ii), no 
                        further annual compliance audit shall be 
                        conducted with respect to such employer for a 
                        period of not less than 4 years, absent 
                        evidence of misrepresentation or fraud.''.
    (d) Penalties for Violations.--Section 212(n)(2)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``a condition of paragraph (1)(B), (1)(E), or 
                (1)(F)'' and inserting ``a condition of paragraph 
                (1)(B), (1)(E), (1)(F), (1)(H), or 1(I)''; and
                    (B) in subclause (I), by striking ``$1,000'' and 
                inserting ``$3,000'';
            (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
        ``$15,000'';
            (3) in clause (iii)(I), by striking ``$35,000'' and 
        inserting ``$100,000''; and
            (4) in clause (vi)(III), by striking ``$1,000'' and 
        inserting ``$3,000''.
    (e) Initiation of Investigations.--Section 212(n)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended--
            (1) in clause (i), by striking ``In the case of an 
        investigation'' in the second sentence and all that follows 
        through the period at the end of the clause;
            (2) in clause (ii), in the first sentence, by striking 
        ``and whose identity'' and all that follows through ``failure 
        or failures.'' and inserting ``the Secretary of Labor may 
        conduct an investigation into the employer's compliance with 
        the requirements under this subsection.'';
            (3) in clause (iii), by striking the second sentence;
            (4) by striking clauses (iv) and (v);
            (5) by redesignating clauses (vi), (vii), and (viii) as 
        clauses (iv), (v), and (vi), respectively;
            (6) in clause (iv), as so redesignated--
                    (A) by striking ``clause (viii)'' and inserting 
                ``clause (vi)''; and
                    (B) by striking ``meet a condition described in 
                clause (ii)'' and inserting ``comply with the 
                requirements under this subsection'';
            (7) by amending clause (v), as so redesignated, to read as 
        follows:
                            ``(v)(I) The Secretary of Labor shall 
                        provide notice to an employer of the intent to 
                        conduct an investigation under clause (i) or 
                        (ii).
                            ``(II) The notice shall be provided in such 
                        a manner, and shall contain sufficient detail, 
                        to permit the employer to respond to the 
                        allegations before an investigation is 
                        commenced.
                            ``(III) The Secretary is not required to 
                        comply with this clause if the Secretary 
                        determines that such compliance would interfere 
                        with an effort by the Secretary to investigate 
                        or secure compliance by the employer with the 
                        requirements of this subsection.
                            ``(IV) A determination by the Secretary 
                        under this clause shall not be subject to 
                        judicial review.'';
            (8) in clause (vi), as so redesignated, by striking ``An 
        investigation'' in the first sentence and all that follows 
        through ``the determination.'' in the second sentence and 
        inserting ``If the Secretary of Labor, after an investigation 
        under clause (i) or (ii), determines that a reasonable basis 
        exists to make a finding that the employer has failed to comply 
        with the requirements under this subsection, the Secretary 
        shall provide interested parties with notice of such 
        determination and an opportunity for a hearing in accordance 
        with section 556 of title 5, United States Code, not later than 
        60 days after the date of such determination.''; and
            (9) by adding at the end the following:
                            ``(vii) If the Secretary of Labor, after a 
                        hearing, finds that the employer has violated a 
                        requirement under this subsection, the 
                        Secretary may impose a penalty pursuant to 
                        subparagraph (C).''.

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

    (a) Adjustment of Status for Employment-Based Immigrants.--Section 
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended 
by adding at the end the following:
    ``(n) Adjustment of Status for Employment-Based Immigrants.--
            ``(1) In general.--Notwithstanding subsection (a)(3), an 
        alien (including the alien's spouse or child, if eligible to 
        receive a visa under section 203(d)), may file an application 
        for adjustment of status if--
                    ``(A) the alien--
                            ``(i) is present in the United States 
                        pursuant to a lawful admission as a 
                        nonimmigrant, other than a nonimmigrant 
                        described in subparagraph (B), (C), (D), or (S) 
                        of section 101(a)(15), section 212(l), or 
                        section 217; and
                            ``(ii) subject to subsection (k), is not 
                        ineligible for adjustment of status under 
                        subsection (c); and
                    ``(B) not less than 2 years have elapsed since the 
                immigrant visa petition filed by or on behalf of the 
                alien under subparagraph (E) or (F) of section 
                204(a)(1) was approved.
            ``(2) Protection for children.--The child of a principal 
        alien who files an application for adjustment of status under 
        this subsection shall continue to qualify as a child for 
        purposes of the application, regardless of the child's age or 
        whether the principal alien is deceased at the time an 
        immigrant visa becomes available.
            ``(3) Travel and employment authorization.--
                    ``(A) Advance parole.--Applicants for adjustment of 
                status under this subsection shall be eligible for 
                advance parole under the same terms and conditions as 
                applicants for adjustment of status under subsection 
                (a).
                    ``(B) Employment authorization.--
                            ``(i) Principal alien.--Subject to 
                        paragraph (4), a principal applicant for 
                        adjustment of status under this subsection 
                        shall be eligible for work authorization under 
                        the same terms and conditions as applicants for 
                        adjustment of status under subsection (a).
                            ``(ii) Limitations on employment 
                        authorization for dependents.--A dependent 
                        alien who was neither authorized to work nor 
                        eligible to request work authorization at the 
                        time an application for adjustment of status is 
                        filed under this subsection shall not be 
                        eligible to receive work authorization due to 
                        the filing of such application.
            ``(4) Conditions on adjustment of status and employment 
        authorization for principal aliens.--
                    ``(A) In general.--During the time an application 
                for adjustment of status under this subsection is 
                pending and until such time an immigrant visa becomes 
                available--
                            ``(i) the terms and conditions of the 
                        alien's employment, including duties, hours, 
                        and compensation, must be commensurate with the 
                        terms and conditions applicable to the 
                        employer's similarly situated United States 
                        workers in the area of employment, or if the 
                        employer does not employ and has not recently 
                        employed more than two such workers, the terms 
                        and conditions of such employment must be 
                        commensurate with the terms and conditions 
                        applicable to other similarly situated United 
                        States workers in the area of employment; and
                            ``(ii) consistent with section 204(j), if 
                        the alien changes positions or employers, the 
                        new position is in the same or a similar 
                        occupational classification as the job for 
                        which the petition was filed.
                    ``(B) Special filing procedures.--An application 
                for adjustment of status filed by a principal alien 
                under this subsection shall be accompanied by--
                            ``(i) a signed letter from the principal 
                        alien's current or prospective employer 
                        attesting that the terms and conditions of the 
                        alien's employment are commensurate with the 
                        terms and conditions of employment for 
                        similarly situated United States workers in the 
                        area of employment; and
                            ``(ii) other information deemed necessary 
                        by the Secretary of Homeland Security to verify 
                        compliance with subparagraph (A).
                    ``(C) Application for employment authorization.--
                            ``(i) In general.--An application for 
                        employment authorization filed by a principal 
                        applicant for adjustment of status under this 
                        subsection shall be accompanied by a 
                        Confirmation of Bona Fide Job Offer or 
                        Portability (Form I-485 Supplement J, or any 
                        successor form) attesting that--
                                    ``(I) the job offered in the 
                                immigrant visa petition remains a bona 
                                fide job offer that the alien intends 
                                to accept upon approval of the 
                                adjustment of status application; or
                                    ``(II) the alien has accepted a new 
                                full-time job in the same or a similar 
                                occupational classification as the job 
                                described in the approved immigrant 
                                visa petition.
                            ``(ii) Validity.--An employment 
                        authorization document issued to a principal 
                        alien who has filed an application for 
                        adjustment of status under this subsection 
                        shall be valid for three years.
                            ``(iii) Renewal.--Any request by a 
                        principal alien to renew an employment 
                        authorization document associated with such 
                        alien's application for adjustment of status 
                        filed under this subsection shall be 
                        accompanied by the evidence described in 
                        subparagraphs (B) and (C)(i).
            ``(5) Decision.--
                    ``(A) In general.--An adjustment of status 
                application filed under paragraph (1) may not be 
                approved--
                            ``(i) until the date on which an immigrant 
                        visa becomes available; and
                            ``(ii) if the principal alien has not, 
                        within the preceding 12 months, filed a 
                        Confirmation of Bona Fide Job Offer or 
                        Portability (Form I-485 Supplement J, or any 
                        successor form).
                    ``(B) Request for evidence.--If at the time an 
                immigrant visa becomes available, a Confirmation of 
                Bona Fide Job Offer or Portability (Form I-485 
                Supplement J, or any successor form) has not been filed 
                by the principal alien within the preceding 12 months, 
                the Secretary of Homeland Security shall notify the 
                alien and provide instructions for submitting such 
                form.
                    ``(C) Notice of intent to deny.--If the most recent 
                Confirmation of Bona Fide Job Offer or Portability 
                (Form I-485 Supplement J, or any successor form) or any 
                prior form indicates a lack of compliance with 
                paragraph (4)(A), the Secretary of Homeland Security 
                shall issue a notice of intent to deny the application 
                for adjustment of status and provide the alien the 
                opportunity to submit evidence of compliance.
                    ``(D) Denial.--An application for adjustment of 
                status under this subsection may be denied if the alien 
                fails to--
                            ``(i) timely file a Confirmation of Bona 
                        Fide Job Offer or Portability (Form I-485 
                        Supplement J, or any successor form) in 
                        response to a request for evidence issued under 
                        subparagraph (B); or
                            ``(ii) establish, by a preponderance of the 
                        evidence, compliance with paragraph (4)(A).
            ``(6) Fees.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Homeland Security 
                shall charge and collect a fee in the amount of $2,000 
                to process each Confirmation of Bona Fide Job Offer or 
                Portability (Form I-485 Supplement J, or any successor 
                form) filed under this subsection.
                    ``(B) Deposit and use of fees.--Fees collected 
                under subparagraph (A) shall be deposited and used as 
                follows:
                            ``(i) Fifty percent of such fees shall be 
                        deposited in the Immigration Examinations Fee 
                        Account established under section 286(m).
                            ``(ii) Fifty percent of such fees shall be 
                        deposited in the Treasury of the United States 
                        as miscellaneous receipts.
            ``(7) Effective date.--
                    ``(A) The provisions of this subsection--
                            ``(i) shall take effect one year after the 
                        date of the enactment of the Equal Access to 
                        Green cards for Legal Employment Act of 2021; 
                        and
                            ``(ii) except as provided in subparagraph 
                        (B), shall cease to have effect as of the date 
                        that is nine years after the date of the 
                        enactment of such Act.
                    ``(B) This subsection shall continue in effect with 
                respect to any alien who has filed an application for 
                adjustment of status under this subsection any time 
                prior to the date on which this subsection otherwise 
                ceases to have effect.
            ``(8) Clarifications.--For purposes of this subsection:
                    ``(A) The term `similarly situated United States 
                workers' includes United States workers performing 
                similar duties, subject to similar supervision, and 
                with similar educational backgrounds, industry 
                expertise, employment experience, levels of 
                responsibility, and skill sets as the alien in the same 
                geographic area of employment as the alien.
                    ``(B) The duties, hours, and compensation of the 
                alien are `commensurate' with those offered to United 
                States workers in the same area of employment if the 
                employer can demonstrate that the duties, hours, and 
                compensation are consistent with the range of such 
                terms and conditions the employer has offered or would 
                offer to similarly situated United States employees.''.
    (b) Conforming Amendment.--Section 245(k) of the Immigration and 
Nationality Act (8 U.S.C. 1255(k)) is amended by adding ``or (n)'' 
after ``pursuant to subsection (a)''.
                                 <all>
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