IB 

Union Calendar No. 267 

117TH CONGRESS 

2D SESSION H. R. 3648 

[Report No. 117–353] 

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 

JUNE 7, 2022 

Additional sponsors: Mr. EMMER, Mr. MORELLE, Mr. BRENDAN F. BOYLE of 

Pennsylvania, Mr. RUSH, Mr. TONKO, Ms. JAYAPAL, Mr. BACON, Ms. 

ROSS, Mrs. TRAHAN, Mr. THOMPSON of California, Mrs. HAYES, Ms. 

STEVENS, Ms. SHERRILL, Mr. LARSON of Connecticut, Mrs. FLETCHER, 

Mr. BEYER, Mr. BUCSHON, Ms. DELBENE, Ms. ESHOO, Mr. CROW, Mr. 

STAUBER, Mr. PAPPAS, Mr. PANETTA, Ms. HOULAHAN, Ms. SCANLON, 

Ms. WILD, Mrs. LAWRENCE, Mr. CARBAJAL, Mrs. CAROLYN B. MALONEY of New York, Mr. JOHNSON of Georgia, Mr. MOULTON, Ms. DAVIDS

of Kansas, Mr. TRONE, Mr. BERA, Mr. HIMES, Mr. LOWENTHAL, Mr. 

PETERS, Mr. PRICE of North Carolina, Mrs. BEATTY, Mrs. WATSON

COLEMAN, Ms. JACKSON LEE, Mr. ALLRED, Mr. TIMMONS, Ms. DEAN, 

Mr. GREEN of Texas, Mr. HUFFMAN, Mr. LARSEN of Washington, Mr. 

SCHNEIDER, Mr. CARSON, Mr. THOMPSON of Mississippi, Mr. KILMER, 

Mr. PALLONE, Mr. HARDER of California, Mr. PHILLIPS, Ms. 

SPANBERGER, Mr. KIND, Mrs. NAPOLITANO, Ms. STANSBURY, Ms. 

KUSTER, Ms. CHU, Mrs. MCBATH, Ms. SA ́NCHEZ, Mr. CASTRO of Texas, 

and Ms. PRESSLEY


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 3648 RH

JUNE 7, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 1, 2021] 

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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 3648 RH

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

3 SECTION 1. SHORT TITLE. 

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

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

6 Act of 2022’’. 

7 SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 

8 STATE. 

9 (a) IN GENERAL.—Section 202(a)(2) of the Immigra10 tion and Nationality Act (8 U.S.C. 1152(a)(2)) is amended 

11 to read as follows: 

12 ‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON13 SORED IMMIGRANTS.—Subject to paragraphs (3) and 

14 (4), the total number of immigrant visas made avail15 able to natives of any single foreign state or depend16 ent area under section 203(a) in any fiscal year may 

17 not exceed 15 percent (in the case of a single foreign 

18 state) or 2 percent (in the case of a dependent area) 

19 of the total number of such visas made available 

20 under such section in that fiscal year.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 202 of such 

22 Act (8 U.S.C. 1152) is amended— 

23 (1) in subsection (a)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 3648 RH

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

2 subsections (a) and (b) of section 203’’ and in3 serting ‘‘section 203(a)’’; and 

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

5 (2) by amending subsection (e) to read as fol6 lows: 

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

8 If the total number of immigrant visas made available 

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

10 or dependent area will exceed the numerical limitation 

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

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

13 (to the extent practicable and otherwise consistent with this 

14 section and section 203) in a manner so that, except as 

15 provided in subsection (a)(4), the proportion of the visas 

16 made available under each of paragraphs (1) through (4) 

17 of section 203(a) is equal to the ratio of the total visas made 

18 available under the respective paragraph to the total visas 

19 made available under section 203(a).’’. 

20 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the Chi21 nese Student Protection Act of 1992 (8 U.S.C. 1255 note) 

22 is amended— 

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

24 subsection (e))’’; 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 3648 RH

1 (3) by redesignating subsection (e) as subsection 

2 (d). 

3 (d) APPLICATION.—The amendments made by this sec4 tion shall apply beginning on the date that is the first day 

5 of the second fiscal year beginning after the date of the en6 actment of this Act. 

7 (e) TRANSITION RULES FOR EMPLOYMENT-BASED IM8 MIGRANTS.—Notwithstanding title II of the Immigration 

9 and Nationality Act (8 U.S.C. 1151 et seq.), the following 

10 transition rules shall apply to employment-based immi11 grants, beginning on the date referred to in subsection (d): 

12 (1) RESERVED VISAS FOR LOWER ADMISSION

13 STATES.— 

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

15 years after the date referred to in subsection (d), 

16 immigrant visas under each of paragraphs (2) 

17 and (3) of section 203(b) of the Immigration and 

18 Nationality Act (8 U.S.C. 1153(b)) shall be re19 served and allocated to immigrants who are na20 tives of a foreign state or dependent area that is 

21 not one of the two foreign states or dependent 

22 areas with the highest demand for immigrant 

23 visas as follows: 

24 (i) For the first fiscal year after such 

25 date, 30 percent of such visas. 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 3648 RH

1 (ii) For the second fiscal year after 

2 such date, 25 percent of such visas. 

3 (iii) For the third fiscal year after 

4 such date, 20 percent of such visas. 

5 (iv) For the fourth fiscal year after 

6 such date, 15 percent of such visas. 

7 (v) For the fifth and sixth fiscal years 

8 after such date, 10 percent of such visas. 

9 (vi) For the seventh, eighth, and ninth 

10 fiscal years after such date, 5 percent of 

11 such visas. 

12 (B) ADDITIONAL RESERVED VISAS FOR NEW

13 ARRIVALS.—For each of the first nine fiscal 

14 years after the date referred to in subsection (d), 

15 an additional 5.75 percent of the immigrant 

16 visas made available under each of paragraphs 

17 (2) and (3) of section 203(b) of the Immigration 

18 and Nationality Act (8 U.S.C. 1153(b)) shall be 

19 allocated to immigrants who are natives of a for20 eign state or dependent area that is not one of 

21 the two foreign states or dependent areas with 

22 the highest demand for immigrant visas. Such 

23 additional visas shall be allocated in the fol24 lowing order of priority: 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 3648 RH

1 (i) FAMILY MEMBERS ACCOMPANYING

2 OR FOLLOWING TO JOIN.—Visas reserved 

3 under this subparagraph shall be allocated 

4 to family members described in section 

5 203(d) of the Immigration and Nationality 

6 Act (8 U.S.C. 1153(d)) who are accom7 panying or following to join a principal 

8 beneficiary who is in the United States and 

9 has been granted an immigrant visa or ad10 justment of status to lawful permanent resi11 dence under paragraph (2) or (3) of section 

12 203(b) of the Immigration and Nationality 

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

14 (ii) NEW PRINCIPAL ARRIVALS.—If at 

15 the end of the second quarter of any fiscal 

16 year, the total number of visas reserved 

17 under this subparagraph exceeds the number 

18 of qualified immigrants described in clause 

19 (i), such visas may also be allocated, for the 

20 remainder of the fiscal year, to individuals 

21 (and their family members described in sec22 tion 203(d) of the Immigration and Nation23 ality Act (8 U.S.C. 1153(d))) who are seek24 ing an immigrant visa under paragraph 

25 (2) or (3) of section 203(b) of the ImmigraVerDate Sep 11 2014 23:09 Jun 08, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3648.RH H3648

pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 3648 RH

1 tion and Nationality Act (8 U.S.C. 1153(b)) 

2 to enter the United States as new immi3 grants, and who have not resided or worked 

4 in the United States at any point in the 

5 four-year period immediately preceding the 

6 filing of the immigrant visa petition. 

7 (iii) OTHER NEW ARRIVALS.—If at the 

8 end of the third quarter of any fiscal year, 

9 the total number of visas reserved under this 

10 subparagraph exceeds the number of quali11 fied immigrants described in clauses (i) and 

12 (ii), such visas may be also be allocated, for 

13 the remainder of the fiscal year, to other in14 dividuals (and their family members de15 scribed in section 203(d) of the Immigration 

16 and Nationality Act (8 U.S.C. 1153(d))) 

17 who are seeking an immigrant visa under 

18 paragraph (2) or (3) of section 203(b) of the 

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

20 1153(b)). 

21 (2) RESERVED VISAS FOR SHORTAGE OCCUPA22 TIONS.— 

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

24 seven fiscal years after the date referred to in 

25 subsection (d), not fewer than 4,400 of the immiVerDate Sep 11 2014 23:09 Jun 08, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3648.RH H3648

pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 3648 RH

1 grant visas made available under section 

2 203(b)(3) of the Immigration and Nationality 

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

4 under paragraph (1), shall be allocated to immi5 grants who are seeking admission to the United 

6 States to work in an occupation described in sec7 tion 656.5(a) of title 20, Code of Federal Regula8 tions (or any successor regulation). 

9 (B) FAMILY MEMBERS.—Family members 

10 who are accompanying or following to join a 

11 principal beneficiary described in subparagraph 

12 (A) shall be entitled to a visa in the same status 

13 and in the same order of consideration as such 

14 principal beneficiary, but such visa shall not be 

15 counted against the 4,400 immigrant visas re16 served under such subparagraph. 

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

18 nine fiscal years after the date referred to in sub19 section (d)— 

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

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

22 of a dependent area) of the total number of visas 

23 reserved under paragraph (1) shall be allocated 

24 to immigrants who are natives of any single for25 eign state or dependent area; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 3648 RH

1 (B) not more than 85 percent of the immi2 grant visas made available under each of para3 graphs (2) and (3) of section 203(b) of the Immi4 gration and Nationality Act (8 U.S.C. 1153(b)) 

5 and not reserved under paragraph (1), may be 

6 allocated to immigrants who are native to any 

7 single foreign state or dependent area. 

8 (4) SPECIAL RULE TO PREVENT UNUSED

9 VISAS.—If, at the end of the third quarter of any fis10 cal year, the Secretary of State determines that the 

11 application of paragraphs (1) through (3) would re12 sult in visas made available under paragraph (2) or 

13 (3) of section 203(b) of the Immigration and Nation14 ality Act (8 U.S.C. 1153(b)) going unused in that fis15 cal year, such visas may be allocated during the re16 mainder of such fiscal year without regard to para17 graphs (1) through (3). 

18 (5) RULES FOR CHARGEABILITY AND DEPEND19 ENTS.—Section 202(b) of the Immigration and Na20 tionality Act (8 U.S.C. 1152(b)) shall apply in deter21 mining the foreign state to which an alien is charge22 able, and section 203(d) of such Act (8 U.S.C. 

23 1153(d)) shall apply in allocating immigrant visas to 

24 family members, for purposes of this subsection. 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 3648 RH

1 (6) DETERMINATION OF TWO FOREIGN STATES

2 OR DEPENDENT AREAS WITH HIGHEST DEMAND.—The 

3 two foreign states or dependent areas with the highest 

4 demand for immigrant visas, as referred to in this 

5 subsection, are the two foreign states or dependent 

6 areas with the largest aggregate number beneficiaries 

7 of petitions for an immigrant visa under section 

8 203(b) of the Immigration and Nationality Act (8 

9 U.S.C. 1153(b)) that have been approved, but where 

10 an immigrant visa is not yet available, as determined 

11 by the Secretary of State, in consultation with the 

12 Secretary of Homeland Security. 

13 SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DE14 PARTMENT OF LABOR. 

15 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

16 212(n) of the Immigration and Nationality Act (8 U.S.C. 

17 1182(n)) is amended by adding at the end the following: 

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

19 (1)(C): 

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

21 the enactment of the Equal Access to Green cards for 

22 Legal Employment Act of 2022, the Secretary of 

23 Labor shall establish a searchable internet website for 

24 posting positions in accordance with paragraph 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 3648 RH

1 except that the Secretary may delay the launch of 

2 such website for a single period identified by the Sec3 retary by notice in the Federal Register that shall not 

4 exceed 30 days. 

5 ‘‘(B) The Secretary may work with private com6 panies or nonprofit organizations to develop and op7 erate the internet website described in subparagraph 

8 (A). 

9 ‘‘(C) The Secretary shall promulgate rules, after 

10 notice and a period for comment, to carry out this 

11 paragraph.’’. 

12 (b) PUBLICATION REQUIREMENT.—The Secretary of 

13 Labor shall submit to Congress, and publish in the Federal 

14 Register and in other appropriate media, a notice of the 

15 date on which the internet website required under section 

16 212(n)(6) of the Immigration and Nationality Act, as estab17 lished by subsection (a), will be operational. 

18 (c) APPLICATION.—The amendment made by sub19 section (a) shall apply beginning on the date that is 90 

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

21 (d) INTERNET POSTING REQUIREMENT.—Section 

22 212(n)(1)(C) of the Immigration and Nationality Act (8 

23 U.S.C. 1182(n)(1)(C)) is amended— 

24 (1) by redesignating clause (ii) as subclause (II); 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 3648 RH

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

2 the following: 

3 ‘‘(ii)(I) has provided’’; and 

4 (3) by inserting before clause (ii), as redesig5 nated by paragraph (2), the following: 

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

7 filing a petition on behalf of an H–1B non8 immigrant who has already been counted 

9 against the numerical limitations and is 

10 not eligible for a full 6-year period, as de11 scribed in section 214(g)(7), or on behalf of 

12 an H–1B nonimmigrant authorized to ac13 cept employment under section 214(n), has 

14 posted on the internet website described in 

15 paragraph (6), for at least 30 calendar 

16 days, a description of each position for 

17 which a nonimmigrant is sought, that in18 cludes— 

19 ‘‘(I) the occupational classifica20 tion, and if different the employer’s job 

21 title for the position, in which each 

22 nonimmigrant will be employed; 

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

24 experience qualifications for the posi25 tion; 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 3648 RH

1 ‘‘(III) the salary or wage range 

2 and employee benefits offered; 

3 ‘‘(IV) each location at which a 

4 nonimmigrant will be employed; and 

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

6 position; and’’. 

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

8 (a) WAGE DETERMINATION INFORMATION.—Section 

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

10 U.S.C. 1182(n)(1)(D)) is amended by inserting ‘‘the pre11 vailing wage determination methodology used under sub12 paragraph (A)(i)(II),’’ after ‘‘shall contain’’. 

13 (b) NEW APPLICATION REQUIREMENTS.—Section 

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

15 U.S.C. 1182(n)(1)) is amended by inserting after subpara16 graph (G) the following new subparagraph: 

17 ‘‘(H)(i) The employer, or a person or entity act18 ing on the employer’s behalf, has not advertised any 

19 available position specified in the application in an 

20 advertisement that states or indicates that— 

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

22 individual who is or will be an H–1B non23 immigrant; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 3648 RH

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

2 1B nonimmigrant shall receive priority or a 

3 preference in the hiring process for such position. 

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

5 individuals who are or who will be H–1B non6 immigrants to fill such position. 

7 ‘‘(I) If the employer, in a previous period speci8 fied by the Secretary, employed one or more H–1B 

9 nonimmigrants, the employer shall submit to the Sec10 retary the Internal Revenue Service Form W–2 Wage 

11 and Tax Statements filed by the employer with re12 spect to the H–1B nonimmigrants for such period.’’. 

13 (c) ADDITIONAL REQUIREMENT FOR NEW H–1B PETI14 TIONS.— 

15 (1) IN GENERAL.—Section 212(n)(1) of the Im16 migration and Nationality Act (8 U.S.C. 1182(n)(1)), 

17 as amended by subsection (b), is further amended by 

18 inserting after subparagraph (I), the following: 

19 ‘‘(J)(i) If the employer employs 50 or more em20 ployees in the United States, the sum of the number 

21 of such employees who are H–1B nonimmigrants plus 

22 the number of such employees who are nonimmigrants 

23 described in section 101(a)(15)(L) does not exceed 50 

24 percent of the total number of employees. 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 3648 RH

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

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

3 the Internal Revenue Code of 1986 shall be treated as 

4 a single employer for purposes of clause (i).’’. 

5 (2) RULE OF CONSTRUCTION.—Nothing in sub6 paragraph (J) of section 212(n)(1) of the Immigra7 tion and Nationality Act (8 U.S.C. 1182(n)(1)), as 

8 added by paragraph (1), may be construed to prohibit 

9 renewal applications or change of employer applica10 tions for H–1B nonimmigrants employed by an em11 ployer on the date of the enactment of this Act. 

12 (3) APPLICATION.—The amendment made by 

13 this subsection shall apply with respect to an em14 ployer commencing on the date that is 180 days after 

15 the date of the enactment of this Act. 

16 (d) LABOR CONDITION APPLICATION FEE.—Section 

17 212(n) of the Immigration and Nationality Act (8 U.S.C. 

18 1182(n)), as amended by section 3(a), is further amended 

19 by adding at the end the following: 

20 ‘‘(7)(A) The Secretary of Labor shall promulgate a reg21 ulation that requires applicants under this subsection to 

22 pay an administrative fee to cover the average paperwork 

23 processing costs and other administrative costs. 

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

25 deposited as offsetting receipts within the general fund of 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•HR 3648 RH

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

2 as the ‘H–1B Administration, Oversight, Investigation, and 

3 Enforcement Account’ and shall remain available until ex4 pended. 

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

6 amounts in such account to the Secretary of Labor for sala7 ries and related expenses associated with the administra8 tion, oversight, investigation, and enforcement of the H–1B 

9 nonimmigrant visa program.’’. 

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

11 214(g) of the Immigration and Nationality Act (8 U.S.C. 

12 1184(g)) is amended by adding at the end the following: 

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

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

15 seeks admission to the United States to provide services in 

16 a specialty occupation described in paragraph (1) or (3) 

17 of subsection (i) may not be issued a visa or admitted under 

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

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

20 authorize the admission of an alien under section 

21 101(a)(15)(B) who is coming to the United States for the 

22 purpose of performing skilled or unskilled labor if such ad23 mission is not otherwise authorized by law.’’. 

24 (f) ENDING MEDIA ABUSE OF H–1B.—Section 214(g) 

25 of the Immigration and Nationality Act (8 U.S.C. 1184(g)), 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•HR 3648 RH

1 as amended by subsection (e), is further amended by adding 

2 at the end the following: 

3 ‘‘(13) An alien normally classifiable under sec4 tion 101(a)(15)(I) who seeks admission to the United 

5 States solely as a representative of the foreign press, 

6 radio, film, or other foreign information media, may 

7 not be issued a visa or admitted under section 

8 101(a)(15)(H)(i) to engage in such vocation.’’. 

9 SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 

10 AGAINST H–1B EMPLOYERS. 

11 (a) INVESTIGATION, WORKING CONDITIONS, AND PEN12 ALTIES.—Section 212(n)(2)(C) of the Immigration and Na13 tionality Act (8 U.S.C. 1182(n)(2)(C)) is amended by strik14 ing clause (iv) and inserting the following: 

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

16 under this subsection violates this clause by taking, failing 

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

18 action, or intimidating, threatening, restraining, coercing, 

19 blacklisting, discharging, or discriminating in any other 

20 manner against an employee because the employee— 

21 ‘‘(aa) disclosed information that the employee reason22 ably believes evidences a violation of this subsection or any 

23 rule or regulation pertaining to this subsection; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•HR 3648 RH

1 ‘‘(bb) cooperated or sought to cooperate with the re2 quirements under this subsection or any rule or regulation 

3 pertaining to this subsection. 

4 ‘‘(II) An employer that violates this clause shall be lia5 ble to the employee harmed by such violation for lost wages 

6 and benefits. 

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

8 ‘‘(aa) a current employee; 

9 ‘‘(bb) a former employee; and 

10 ‘‘(cc) an applicant for em11 ployment.’’. 

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

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

14 1182(n)(2)(H)) is amended to read as follows: 

15 ‘‘(H)(i) The Director of U.S. Citizenship and Immi16 gration Services shall provide the Secretary of Labor with 

17 any information contained in the materials submitted by 

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

19 adjudication process that indicates that the employer is not 

20 complying with visa program requirements for H–1B non21 immigrants. 

22 ‘‘(ii) The Secretary may initiate and conduct an in23 vestigation and hearing under this paragraph after receiv24 ing information of noncompliance under this subpara25 graph.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•HR 3648 RH

1 SEC. 6. LABOR CONDITION APPLICATIONS. 

2 (a) APPLICATION REVIEW REQUIREMENTS.—Section 

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

4 U.S.C. 1182(n)(1)) is amended, in the undesignated matter 

5 following subparagraph (I), as added by section 4(b)— 

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

7 through the internet website of the Department of 

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

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

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

11 indicators of fraud or misrepresentation of material 

12 fact,’’; 

13 (3) in the sixth sentence, by striking ‘‘or obvi14 ously inaccurate’’ and inserting ‘‘, presents clear in15 dicators of fraud or misrepresentation of material 

16 fact, or is obviously inaccurate’’; and 

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

18 Secretary’s review of an application identifies clear 

19 indicators of fraud or misrepresentation of material 

20 fact, the Secretary may conduct an investigation and 

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

22 (b) ENSURING PREVAILING WAGES ARE FOR AREA OF

23 EMPLOYMENT AND ACTUAL WAGES ARE FOR SIMILARLY

24 EMPLOYED.—Section 212(n)(1)(A) of the Immigration and 

25 Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•HR 3648 RH

1 (1) in clause (i), in the undesignated matter fol2 lowing subclause (II), by striking ‘‘and’’ at the end; 

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

4 end and inserting ‘‘, and’’; and 

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

6 ‘‘(iii) will ensure that— 

7 ‘‘(I) the actual wages or range identi8 fied in clause (i) relate solely to employees 

9 having substantially the same duties and 

10 responsibilities as the H–1B nonimmigrant 

11 in the geographical area of intended em12 ployment, considering experience, qualifica13 tions, education, job responsibility and 

14 function, specialized knowledge, and other 

15 legitimate business factors, except in a geo16 graphical area there are no such employees, 

17 and 

18 ‘‘(II) the prevailing wages identified in 

19 clause (ii) reflect the best available informa20 tion for the geographical area within nor21 mal commuting distance of the actual ad22 dress of employment at which the H–1B 

23 nonimmigrant is or will be employed.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•HR 3648 RH

1 (c) PROCEDURES FOR INVESTIGATION AND DISPOSI2 TION.—Section 212(n)(2)(A) of the Immigration and Na3 tionality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 

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

5 ‘‘(2)(A)(i) Subject’’; 

6 (2) by striking the fourth sentence; and 

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

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

9 the Secretary may initiate an investigation to determine 

10 whether such a failure or misrepresentation has occurred. 

11 ‘‘(II) The Secretary may conduct— 

12 ‘‘(aa) surveys of the degree to 

13 which employers comply with the 

14 requirements under this sub15 section; and 

16 ‘‘(bb) subject to subclause 

17 (IV), annual compliance audits of 

18 any employer that employs H–1B 

19 nonimmigrants during the appli20 cable calendar year. 

21 ‘‘(III) Subject to subclause (IV), the Secretary shall— 

22 ‘‘(aa) conduct annual com23 pliance audits of each employer 

24 that employs more than 100 full25 time equivalent employees who are 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•HR 3648 RH

1 employed in the United States if 

2 more than 15 percent of such full3 time employees are H–1B non4 immigrants; and 

5 ‘‘(bb) make available to the 

6 public an executive summary or 

7 report describing the general find8 ings of the audits conducted under 

9 this subclause. 

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

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

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

13 further annual compliance audit shall be conducted with 

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

15 years, absent evidence of misrepresentation 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•HR 3648 RH

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 fol14 lows 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 through 

17 ‘‘failure or failures.’’ and inserting ‘‘the Secretary of 

18 Labor may conduct an investigation into the employ19 er’s compliance with the requirements under this sub20 section.’’; 

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; 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•HR 3648 RH

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

2 (A) by striking ‘‘clause (viii)’’ and inserting 

3 ‘‘clause (vi)’’; and 

4 (B) by striking ‘‘meet a condition described 

5 in clause (ii)’’ and inserting ‘‘comply with the 

6 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 provide notice to 

10 an employer of the intent to conduct an investigation under 

11 clause (i) or (ii). 

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

13 and shall contain sufficient detail, to permit the employer 

14 to respond to the allegations before an investigation is com15 menced. 

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

17 this clause if the Secretary determines that such compliance 

18 would interfere with an effort by the Secretary to inves19 tigate or secure compliance by the employer with the re20 quirements of this subsection. 

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

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

23 (8) in clause (vi), as so redesignated, by striking 

24 ‘‘An investigation’’ in the first sentence and all that 

25 follows through ‘‘the determination.’’ in the second 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•HR 3648 RH

1 sentence and inserting ‘‘If the Secretary of Labor, 

2 after an investigation under clause (i) or (ii), deter3 mines that a reasonable basis exists to make a finding 

4 that the employer has failed to comply with the re5 quirements under this subsection, the Secretary shall 

6 provide interested parties with notice of such deter7 mination and an opportunity for a hearing in ac8 cordance with section 556 of title 5, United States 

9 Code, not later than 60 days after the date of such de10 termination.’’; and 

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

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

13 that the employer has violated a requirement under this 

14 subsection, the Secretary may impose a penalty pursuant 

15 to subparagraph (C).’’. 

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

17 IMMIGRANTS. 

18 (a) ADJUSTMENT OF STATUS FOR EMPLOYMENT19 BASED IMMIGRANTS.—Section 245 of the Immigration and 

20 Nationality Act (8 U.S.C. 1255) is amended by adding at 

21 the end the following: 

22 ‘‘(o) ADJUSTMENT OF STATUS FOR EMPLOYMENT23 BASED IMMIGRANTS.— 

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

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


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•HR 3648 RH

1 if eligible to receive a visa under section 203(d)), may 

2 file an application for adjustment of status if— 

3 ‘‘(A) the alien— 

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

5 pursuant to a lawful admission as a non6 immigrant, other than a nonimmigrant de7 scribed in subparagraph (B), (C), (D), or 

8 (S) of section 101(a)(15), section 212(l), or 

9 section 217; and 

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

11 ineligible for adjustment of status under 

12 subsection (c); and 

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

14 since the immigrant visa petition filed by or on 

15 behalf of the alien under subparagraph (E) or 

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

17 ‘‘(2) PROTECTION FOR CHILDREN.—The child of 

18 a principal alien who files an application for adjust19 ment of status under this subsection shall continue to 

20 qualify as a child for purposes of the application, re21 gardless of the child’s age or whether the principal 

22 alien is deceased at the time an immigrant visa be23 comes available. 

24 ‘‘(3) TRAVEL AND EMPLOYMENT AUTHORIZA25 TION.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•HR 3648 RH

1 ‘‘(A) ADVANCE PAROLE.—Applicants for ad2 justment of status under this subsection shall be 

3 eligible for advance parole under the same terms 

4 and conditions as applicants for adjustment of 

5 status under subsection (a). 

6 ‘‘(B) EMPLOYMENT AUTHORIZATION.— 

7 ‘‘(i) PRINCIPAL ALIEN.—Subject to 

8 paragraph (4), a principal applicant for 

9 adjustment of status under this subsection 

10 shall be eligible for work authorization 

11 under the same terms and conditions as ap12 plicants for adjustment of status under sub13 section (a). 

14 ‘‘(ii) LIMITATIONS ON EMPLOYMENT

15 AUTHORIZATION FOR DEPENDENTS.—A de16 pendent alien who was neither authorized to 

17 work nor eligible to request work authoriza18 tion at the time an application for adjust19 ment of status is filed under this subsection 

20 shall not be eligible to receive work author21 ization due to the filing of such application. 

22 ‘‘(4) CONDITIONS ON ADJUSTMENT OF STATUS

23 AND EMPLOYMENT AUTHORIZATION FOR PRINCIPAL

24 ALIENS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•HR 3648 RH

1 ‘‘(A) IN GENERAL.—During the time an ap2 plication for adjustment of status under this sub3 section is pending and until such time an immi4 grant visa becomes available— 

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

6 alien’s employment, including duties, hours, 

7 and compensation, must be commensurate 

8 with the terms and conditions applicable to 

9 the employer’s similarly situated United 

10 States workers in the area of employment, 

11 or if the employer does not employ and has 

12 not recently employed more than two such 

13 workers, the terms and conditions of such 

14 employment must be commensurate with the 

15 terms and conditions applicable to other 

16 similarly situated United States workers in 

17 the area of employment; and 

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

19 the alien changes positions or employers, the 

20 new position is in the same or a similar oc21 cupational classification as the job for 

22 which the petition was filed. 

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

24 application for adjustment of status filed by a 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•HR 3648 RH

1 principal alien under this subsection shall be ac2 companied by— 

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

4 alien’s current or prospective employer at5 testing that the terms and conditions of the 

6 alien’s employment are commensurate with 

7 the terms and conditions of employment for 

8 similarly situated United States workers in 

9 the area of employment; and 

10 ‘‘(ii) other information deemed nec11 essary by the Secretary of Homeland Secu12 rity to verify compliance with subpara13 graph (A). 

14 ‘‘(C) APPLICATION FOR EMPLOYMENT AU15 THORIZATION.— 

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

17 employment authorization filed by a prin18 cipal applicant for adjustment of status 

19 under this subsection shall be accompanied 

20 by a Confirmation of Bona Fide Job Offer 

21 or Portability (or any form associated with 

22 section 204(j)) attesting that— 

23 ‘‘(I) the job offered in the immi24 grant visa petition remains a bona 

25 fide job offer that the alien intends to 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•HR 3648 RH

1 accept upon approval of the adjust2 ment of status application; or 

3 ‘‘(II) the alien has accepted a new 

4 full-time job in the same or a similar 

5 occupational classification as the job 

6 described in the approved immigrant 

7 visa petition. 

8 ‘‘(ii) VALIDITY.—An employment au9 thorization document issued to a principal 

10 alien who has filed an application for ad11 justment of status under this subsection 

12 shall be valid for three years. 

13 ‘‘(iii) RENEWAL.—Any request by a 

14 principal alien to renew an employment 

15 authorization document associated with 

16 such alien’s application for adjustment of 

17 status filed under this subsection shall be 

18 accompanied by the evidence described in 

19 subparagraphs (B) and (C)(i). 

20 ‘‘(5) DECISION.— 

21 ‘‘(A) IN GENERAL.—An adjustment of status 

22 application filed under paragraph (1) may not 

23 be approved— 

24 ‘‘(i) until the date on which an immi25 grant visa becomes available; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•HR 3648 RH

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

2 within the preceding 12 months, filed a 

3 Confirmation of Bona Fide Job Offer or 

4 Portability (or any form associated with 

5 section 204(j)). 

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

7 time an immigrant visa becomes available, a 

8 Confirmation of Bona Fide Job Offer or Port9 ability (or any form associated with section 

10 204(j)) has not been filed by the principal alien 

11 within the preceding 12 months, the Secretary of 

12 Homeland Security shall notify the alien and 

13 provide instructions for submitting such form. 

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

15 most recent Confirmation of Bona Fide Job Offer 

16 or Portability (or any form associated with sec17 tion 204(j)) or any prior form indicates a lack 

18 of compliance with paragraph (4)(A), the Sec19 retary of Homeland Security shall issue a notice 

20 of intent to deny the application for adjustment 

21 of status and provide the alien the opportunity 

22 to submit evidence of compliance. 

23 ‘‘(D) DENIAL.—An application for adjust24 ment of status under this subsection may be de25 nied if the alien fails to— 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•HR 3648 RH

1 ‘‘(i) timely file a Confirmation of 

2 Bona Fide Job Offer or Portability (or any 

3 form associated with section 204(j)) in re4 sponse to a request for evidence issued under 

5 subparagraph (B); or 

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

7 the evidence, compliance with paragraph 

8 (4)(A). 

9 ‘‘(6) FEES.— 

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

11 other provision of law, the Secretary of Home12 land Security shall charge and collect a fee in 

13 the amount of $2,000 to process each Confirma14 tion of Bona Fide Job Offer or Portability (or 

15 any form associated with section 204(j)) filed 

16 under this subsection. 

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

18 collected under subparagraph (A) shall be depos19 ited and used as follows: 

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

21 deposited in the Immigration Examinations 

22 Fee Account established under section 

23 286(m). 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•HR 3648 RH

1 ‘‘(ii) Fifty percent of such fees shall be 

2 deposited in the Treasury of the United 

3 States as miscellaneous receipts. 

4 ‘‘(7) APPLICATION.— 

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

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

7 that is one year after the date of the enact8 ment of the Equal Access to Green cards for 

9 Legal Employment Act of 2022; and 

10 ‘‘(ii) except as provided in subpara11 graph (B), shall cease to apply as of the 

12 date that is nine years after the date of the 

13 enactment of such Act. 

14 ‘‘(B) This subsection shall continue to apply 

15 with respect to any alien who has filed an appli16 cation for adjustment of status under this sub17 section any time prior to the date on which this 

18 subsection otherwise ceases to apply. 

19 ‘‘(8) CLARIFICATIONS.—For purposes of this sub20 section: 

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

22 States workers’ includes United States workers 

23 performing similar duties, subject to similar su24 pervision, and with similar educational back25 grounds, industry expertise, employment experiVerDate Sep 11 2014 23:09 Jun 08, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\H3648.RH H3648

pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•HR 3648 RH

1 ence, levels of responsibility, and skill sets as the 

2 alien in the same geographic area of employment 

3 as the alien. 

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

5 of the alien are ‘commensurate’ with those offered 

6 to United States workers in the same area of em7 ployment if the employer can demonstrate that 

8 the duties, hours, and compensation are con9 sistent with the range of such terms and condi10 tions the employer has offered or would offer to 

11 similarly situated United States employees.’’. 

12 (b) CONFORMING AMENDMENT.—Section 245(k) of the 

13 Immigration and Nationality Act (8 U.S.C. 1255(k)) is 

14 amended by adding ‘‘or (n)’’ after ‘‘pursuant to subsection 

15 (a)’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
Union Calendar No. 267 

117TH CONGRESS 

2D SESSION H. R. 3648 

[Report No. 117–353] 

A BILL 

To amend the Immigration and Nationality Act to 

sored immigrants, and for other purposes. per-country numerical limitation for family-sponemployment-based immigrants, to increase the eliminate the per-country numerical limitation for 

JUNE 7, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pbinns on DSKJLVW7X2PROD with $$_JOB