In the Senate of the United States, 
December 2, 2020. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1044) entitled ‘‘An Act to amend the Immigra-
tion and Nationality Act to eliminate the per-country numer-
ical limitation for employment-based immigrants, to increase 
the per-country numerical limitation for family-sponsored im-
migrants, and for other purposes.’’, do pass with the fol-
lowing 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for High- 
Skilled Immigrants Act of 2020’’. 
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 
STATE. 
(a) IN GENERAL.—Section 202(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1152(a)(2)) is amended 
to read as follows:
† HR 1044 EAS 
‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON-
SORED IMMIGRANTS.—Subject to paragraphs (3) and 
(4), the total number of immigrant visas made avail-
able to natives of any single foreign state or depend-
ent 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 in-
serting ‘‘section 203(a)’’; and 
(B) by striking paragraph (5); and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(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
† HR 1044 EAS 
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 Chi-
nese 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 enactment of this Act, and 
shall apply to that fiscal year and each subsequent fiscal 
year. 
(e) TRANSITION RULES FOR EMPLOYMENT-BASED IM-
MIGRANTS.— 
(1) IN
GENERAL.—Subject to paragraphs (2) 
through (4), and notwithstanding title II of the Im-
migration and Nationality Act (8 U.S.C. 1151 et 
seq.), the following rules shall apply:
† HR 1044 EAS 
(A) During the first nine fiscal years after 
the effective date, certain visas will be reserved 
within 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)). 
(B) With regard to immigrant visas made 
available under paragraphs (2) and (3) of sec-
tion 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) for the first nine fiscal 
years after the effective date, visas will be re-
served for immigrants native to countries other 
than the two states with the largest aggregate 
number of natives who are beneficiaries of ap-
proved but backlogged petitions for immigrant 
status under section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)), as fol-
lows: 
(i) For the first fiscal year after the ef-
fective date, 30 percent of the immigrant 
visas made available under paragraphs (2) 
and (3) of section 203(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)) 
shall be allotted to immigrants who are na-
tives of a foreign state or dependent area
† HR 1044 EAS 
that is not one of the two states with the 
largest aggregate numbers of natives wait-
ing for immigrant status. 
(ii) For the second fiscal year after the 
effective date, 25 percent of the immigrant 
visas made available under paragraphs (2) 
and (3) of section 203(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)) 
shall be allotted to immigrants who are na-
tives of a foreign state or dependent area 
that is not one of the two states with the 
largest aggregate numbers of natives wait-
ing for immigrant status. 
(iii) For the third fiscal year after the 
effective date, 20 percent of the immigrant 
visas made available under paragraphs (2) 
and (3) of section 203(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)) 
shall be allotted to immigrants who are na-
tives of a foreign state or dependent area 
that is not one of the two states with the 
largest aggregate numbers of natives wait-
ing for immigrant status. 
(iv) For the fourth fiscal year after the 
effective date, 15 percent of the immigrant
† HR 1044 EAS 
visas made available under paragraphs (2) 
and (3) of section 203(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)) 
shall be allotted to immigrants who are na-
tives of a foreign state or dependent area 
that is not one of the two states with the 
largest aggregate numbers of natives wait-
ing for immigrant status. 
(v) For the fifth and sixth fiscal years 
after the effective date, 10 percent of the im-
migrant visas made available under para-
graphs (2) and (3) of section 203(b) of the 
Immigration and Nationality Act (8 U.S.C. 
1153(b)) shall be allotted to immigrants 
who are natives of a foreign state or de-
pendent area that is not one of the two 
states with the largest aggregate numbers of 
natives waiting for immigrant status. 
(vi) For the seventh, eighth, and ninth 
fiscal years after the effective date, 5 percent 
of the immigrant visas made available 
under paragraphs (2) and (3) of section 
203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) shall be allotted to 
immigrants who are natives of a foreign
† HR 1044 EAS 
state or dependent area that is not one of 
the two states with the largest aggregate 
numbers of natives waiting for immigrant 
status. 
(C) 5.75 percent of the immigrant visas 
made available under paragraphs (2) and (3) of 
section 203(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)) shall be reserved an-
nually for the first nine fiscal years after the ef-
fective date for immigrants who are native to 
countries other than the two states with the larg-
est aggregate number of natives who are bene-
ficiaries of approved but backlogged petitions for 
immigrant status under such section. Such visas 
will be made available by the following priority 
ordering: 
(i) Derivative dependents described in 
section 203(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(d)) who seek to 
join a principal beneficiary of a petition for 
an immigrant visa under paragraphs (2) 
and (3) of section 203(b) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1153(b)).
† HR 1044 EAS 
(ii) Immigrants who seek to enter the 
United States as new arrivals and who have 
not resided or worked in the United States 
at any point in the four-year period imme-
diately preceding the filing of their petition 
for an immigrant visa under section 203(b) 
of the Immigration and Nationality Act (8 
U.S.C. 1153(b)). 
(iii) Other immigrants who meet the 
criteria of this subparagraph. 
(D) The two states with the largest aggre-
gate numbers of natives who are beneficiaries of 
approved petitions referred to in subparagraphs 
(B) and (C) are the two states with the largest 
aggregate number of approved cases awaiting 
visa number availability for immigrant visas 
under section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)), as identified by 
adding the numbers associated with aliens 
awaiting employment-based immigrant status in 
the most recent and available Count Of Ap-
proved Employment-Based Immigrant Petitions 
With Priority Dates On Or After the State De-
partment’s Visa Bulletin from the Department of 
Homeland Security and such numbers in the
† HR 1044 EAS 
most recent Annual Report of Immigrant Visa 
Applicants in the Employment-Based Preferences 
Registered at the National Visa Center from the 
Department of State (or successor publications). 
(E) Notwithstanding subparagraphs (A) 
through (D), for each of the seven fiscal years 
after the effective date, not fewer than 4,400 of 
the immigrant visas made available under para-
graph (3) of section 203(b) of the Immigration 
and Nationality Act (8 U.S.C. 1153(b)) and not 
reserved by subparagraphs (B) and (C) shall be 
allotted to immigrants who are described in sec-
tion 656.5(a) of title 20, Code of Federal Regula-
tions (or a successor regulation) and are seeking 
admission to the United States to work in an oc-
cupation described in that section. 
(F) Family members described in section 
203(d) of the Immigration and Nationality Act 
(8 U.S.C. 1153(d)) who are accompanying or fol-
lowing to join a principal beneficiary seeking 
admission under subparagraph (E) shall be enti-
tled to an unreserved visa in the same status and 
in the same order of consideration as such prin-
cipal beneficiary, but shall not be counted
† HR 1044 EAS 
against the 4,400 immigrant visas allotted under 
that subparagraph. 
(2) PER-COUNTRY LEVELS.— 
(A) RESERVED VISAS.—The number of visas 
reserved under each of clauses (i) through (iv) of 
paragraph (1)(B) and each of clauses (i) through 
(iii) of paragraph (1)(C) made available to na-
tives of any single foreign state or dependent 
area in the appropriate fiscal year may not ex-
ceed 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 such visas. 
(B) UNRESERVED VISAS.—Not more than 
85 percent of the immigrant visas made avail-
able under each of paragraphs (2) and (3) of sec-
tion 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) and not reserved under 
paragraph (1), for each of the first nine fiscal 
years after the effective date, may be allotted to 
immigrants who are natives of any single foreign 
state. 
(3) 
SPECIAL
RULE
TO
PREVENT
UNUSED 
VISAS.—If, with respect to first nine fiscal years after 
the effective date, the application of paragraphs (1) 
and (2) would prevent the total number of immigrant
† HR 1044 EAS 
visas made available under paragraph (2) or (3) of 
section 203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) from being issued, such visas 
may be issued during the remainder of such fiscal 
year without regard to paragraphs (1) and (2). 
(4) RULES FOR CHARGEABILITY AND DEPEND-
ENTS.—Section 202(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1152(b)) shall apply in deter-
mining the foreign state to which an alien is charge-
able, and section 203(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(d)) shall apply in allo-
cating immigrant visas to dependents, for purposes of 
this subsection. 
(5) EFFECTIVE
DATE
DEFINED.—In this sub-
section, the term ‘‘effective date’’ means the first day 
of the second fiscal year beginning after the date of 
enactment of this Act. 
SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DE-
PARTMENT 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)—
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‘‘(A) Not later than 180 days after the date 
of the enactment of the Fairness for High-Skilled 
Immigrants Act of 2020, 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 identi-
fied 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 estab-
lished by subsection (a), will be operational. 
(c) APPLICATION.—The amendment made by sub-
section (a) shall apply to any application filed on or after
† HR 1044 EAS 
the date that is 90 days after the date described in sub-
section (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 redesig-
nated by paragraph (2), the following: 
‘‘(i) except in the case of an employer 
filing a petition on behalf of an H–1B non-
immigrant who has already been counted 
against the numerical limitations and is 
not eligible for a full 6-year period, as de-
scribed in section 214(g)(7), or on behalf of 
an H–1B nonimmigrant authorized to ac-
cept 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 in-
cludes—
† HR 1044 EAS 
‘‘(I) the occupational classifica-
tion, and if different the employer’s job 
title for the position, in which the non-
immigrant(s) will be employed; 
‘‘(II) the education, training, or 
experience qualifications for the posi-
tion; 
‘‘(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 pre-
vailing wage determination methodology used under sub-
paragraph (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 subpara-
graph (G)(ii) the following:
† HR 1044 EAS 
‘‘(H)(i) The employer, or a person or entity act-
ing 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 non-
immigrant; 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 non-
immigrants to fill such position. 
‘‘(I) If the employer, in a previous period speci-
fied by the Secretary, employed one or more H–1B 
nonimmigrants, the employer shall submit to the Sec-
retary the Internal Revenue Service Form W–2 Wage 
and Tax Statements filed by the employer with re-
spect to the H–1B nonimmigrants for such period.’’. 
(c) ADDITIONAL REQUIREMENT FOR NEW H–1B PETI-
TIONS.— 
(1) IN GENERAL.—Section 212(n)(1) of the Im-
migration 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:
† HR 1044 EAS 
‘‘(J)(i) If the employer employs 50 or more em-
ployees 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 sub-
paragraph (J) of section 212(n)(1) of the Immigra-
tion 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 applica-
tions for H–1B nonimmigrants employed by an em-
ployer on the date of 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 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:
† HR 1044 EAS 
‘‘(7)(A) The Secretary of Labor shall promulgate a reg-
ulation 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 ex-
pended. 
‘‘(ii) The Secretary of the Treasury shall refund 
amounts in such account to the Secretary of Labor for sala-
ries and related expenses associated with the administra-
tion, 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.
† HR 1044 EAS 
‘‘(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 ad-
mission is not otherwise authorized by law.’’. 
SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 
AGAINST H–1B EMPLOYERS. 
(a) INVESTIGATION, WORKING CONDITIONS, AND PEN-
ALTIES.—Section 212(n)(2)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)(2)(C)) is amended by strik-
ing 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 sub-
section 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 reg-
ulation pertaining to this subsection.
† HR 1044 EAS 
‘‘(II) An employer that violates this clause shall be lia-
ble 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 Immi-
gration 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 non-
immigrants. 
‘‘(ii) The Secretary may initiate and conduct an in-
vestigation and hearing under this paragraph after receiv-
ing information of noncompliance under this subpara-
graph.’’. 
SEC. 6. LABOR CONDITION APPLICATIONS. 
(a) APPLICATION REVIEW REQUIREMENTS.—Section 
212(n)(1) of the Immigration and Nationality Act (8
† HR 1044 EAS 
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 obvi-
ously inaccurate’’ and inserting ‘‘, presents clear in-
dicators 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 fol-
lowing subclause (II), by striking ‘‘and’’ at the end;
† HR 1044 EAS 
(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 geo-
graphical area of intended employ-
ment, considering experience, qualifica-
tions, 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 identi-
fied in clause (ii) reflect the best avail-
able information for the geographical 
area within normal commuting dis-
tance of the actual address of employ-
ment 
at 
which 
the 
H–1B 
non-
immigrant is or will be employed.’’.
† HR 1044 EAS 
(c) PROCEDURES FOR INVESTIGATION AND DISPOSI-
TION.—Section 212(n)(2)(A) of the Immigration and Na-
tionality 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 inves-
tigation 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 em-
ploys H–1B nonimmigrants during the ap-
plicable calendar year. 
‘‘(III) Subject to subclause (IV), the Sec-
retary shall— 
‘‘(aa) conduct annual compliance au-
dits of each employer that employs more 
than 100 full-time equivalent employees who 
are employed in the United States if more
† HR 1044 EAS 
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 condi-
tion under subparagraph (C)(ii), no further an-
nual compliance audit shall be conducted with 
respect to such employer for a period of not less 
than 4 years, absent evidence of misrepresenta-
tion 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’’;
† HR 1044 EAS 
(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 fol-
lows through the period at the end of the clause; 
(2) in clause (ii), in the first sentence, by strik-
ing ‘‘and whose identity’’ and all that follows through 
‘‘failure or failures.’’ and inserting ‘‘the Secretary of 
Labor may conduct an investigation into the employ-
er’s compliance with the requirements under this sub-
section.’’; 
(3) in clause (iii), by striking the second sen-
tence; 
(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—
† HR 1044 EAS 
(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 com-
ply with this clause if the Secretary determines 
that such compliance would interfere with an ef-
fort by the Secretary to investigate or secure 
compliance by the employer with the require-
ments 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
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follows through ‘‘the determination.’’ in the second 
sentence and inserting ‘‘If the Secretary of Labor, 
after an investigation under clause (i) or (ii), deter-
mines that a reasonable basis exists to make a finding 
that the employer has failed to comply with the re-
quirements under this subsection, the Secretary shall 
provide interested parties with notice of such deter-
mination and an opportunity for a hearing in ac-
cordance with section 556 of title 5, United States 
Code, not later than 60 days after the date of such de-
termination.’’; 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.— 
(1) IN GENERAL.—Section 245 of such Act (8 
U.S.C. 1255) is amended by adding at the end the fol-
lowing:
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‘‘(n) ADJUSTMENT
OF STATUS
FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) IN
GENERAL.—An alien who has status 
under section 214, other than an alien described in 
subsection (c) (as remedied by subsection (k), as 
amended by the Fairness for High-Skilled Immi-
grants Act of 2020) or subparagraph (B) or (C) of 
section 101(a)(15), and any eligible dependents of 
such alien, who has filed a petition or on whose behalf 
a petition has been filed for immigrant status pursu-
ant to subparagraph (E) or (F) of section 204(a)(1), 
may file an application with the Secretary of Home-
land Security for adjustment of status if such petition 
was approved not less than two years before the date 
on which the application for adjustment of status is 
filed, regardless of whether an immigrant visa is im-
mediately available on that date. For any dependent 
child who files an application under this subsection, 
that individual may continue to qualify as a depend-
ent child for purposes of the application regardless of 
the individual’s age or whether the principal bene-
ficiary is deceased at the time an immigrant visa be-
comes available. Except as otherwise provided in 
paragraphs (3), (4), and (5), an alien who files an 
application under this subsection shall be eligible for
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work authorization and travel permission on the same 
terms as an alien who files an application under sub-
section (a). 
‘‘(2) AVAILABILITY.—An adjustment of status 
application filed pursuant to paragraph (1) may not 
be approved until the date on which an immigrant 
visa becomes available. An admissible alien who has 
properly filed such an application shall have the same 
status as an alien who files under subsection (a). 
‘‘(3) DUTIES, HOURS, AND COMPENSATION.—The 
terms and conditions of a qualifying employment po-
sition offered to an alien who has filed a petition or 
on whose behalf a petition has been filed, for immi-
grant status pursuant to subparagraph (E) or (F) of 
section 204(a)(1), including duties, hours, and com-
pensation, during the period following the filing of an 
application for adjustment under paragraph (1) and 
before a visa becomes immediately available, must be 
commensurate with the terms and conditions applica-
ble to the employer’s similarly situated United States 
workers in the area of employment. If the employer 
does not employ and has not recently employed more 
than two similarly situated U.S. workers in the area 
of employment, the employer nevertheless remains ob-
ligated to attest that the terms and conditions of the
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if a Confirmation of Bona Fide Job Offer or Port-
ability has not been filed within the previous 12 
months and may consider the validity of any Con-
firmation filing that has not already been reviewed 
and found satisfactory. If the most recent Confirma-
tion filing or prior filings not previously found satis-
factory do not warrant a finding of compliance with 
section 204(j) or paragraph (3), United States Citi-
zenship and Immigration Services shall issue a Notice 
of Intent to Deny the underlying Application to Ad-
just Status providing an opportunity for further evi-
dence to be submitted on such deficiency after which 
any applicant that does not meet his or her burden 
of proof shall receive a denial of the underlying Ap-
plication to Adjust Status and the applications of eli-
gible dependents. 
‘‘(5) LIMITATION ON WORK AUTHORIZATION.— 
An alien who was neither authorized to work nor eli-
gible to request work authorization at the time an ap-
plication was filed under paragraph (1) shall not be 
eligible to receive work authorization pursuant to 
paragraph (1) or section 274a.12(c)(9) of title 8, Code 
of Federal Regulations. 
‘‘(6) CONFIRMATIONS OF BONA FIDE JOB OFFER 
OR PORTABILITY FEE.—
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‘‘(A) IN GENERAL.— Notwithstanding any 
other provision of law, the Secretary of Home-
land Security shall charge and collect a fee in 
the amount of $2,000 for each Confirmation of 
Bona Fide Job Offer or Portability filed under 
this subsection. 
‘‘(B) DEPOSITS.—The fees collected under 
subparagraph (A) shall be deposited and used as 
follows: 
‘‘(i) Fifty percent of such fees shall be 
deposited into the Immigration Examina-
tions Fee Account established by section 
286(m) and available as provided in this 
subsection. 
‘‘(ii) Fifty percent of such fees shall be 
deposited into the Treasury as miscella-
neous receipts.’’. 
(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)’’. 
(c) EFFECTIVE DATE.— 
(1) This section and the amendments made by 
this section—
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(A) shall take effect one year after the date 
of enactment of this Act; and 
(B) except as provided in paragraph (2), 
shall cease to have effect as of the date that is 
nine years after that date of enactment. 
(2) This section shall continue in effect with re-
spect to any alien who has filed an application under 
this section any time prior to the date on which this 
section otherwise ceases to have effect. 
SEC. 8. LIMIT ON ADJUSTMENT OF STATUS FROM H–1B 
NONIMMIGRANT OR H–4 NONIMMIGRANT TO 
EB IMMIGRANT. 
(a) IN GENERAL.—Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1235), as amended by section 
7, is further amended by adding at the end the following: 
‘‘(o) LIMIT ON ADJUSTMENT OF STATUS FROM H–1B 
NONIMMIGRANT
OR H–4 NONIMMIGRANT
TO EB IMMI-
GRANT.— 
‘‘(1) IN GENERAL.—In applying this section to 
an alien who is (or has been during the most recent 
2-year period) a nonimmigrant described in section 
101(a)(15)(H)(i)(b), or to the spouse or any minor 
children of such alien who is (or has been during the 
most recent 2-year period) an H–4 nonimmigrant—
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‘‘(A) the number of such aliens (including 
the spouses and children of such aliens) granted 
an adjustment of status to that of an immigrant 
described in section 203(b) or otherwise issued 
an immigrant visa under this Act in a fiscal 
year— 
‘‘(i) during the period beginning on the 
date of enactment of this subsection and 
ending on the date on which the ninth fiscal 
year after the effective date ends, may not 
exceed 70 percent of the total number of em-
ployment-based immigrants admitted in 
such fiscal year; and 
‘‘(ii) after the date on which the ninth 
fiscal year after the effective date ends, may 
not exceed 50 percent of the total number of 
employment-based immigrants admitted in 
such fiscal year; and 
‘‘(B) the limitations set forth in subpara-
graph (A) shall not apply to any such alien (or 
the spouse or children of such alien) if such 
alien— 
‘‘(i) has graduated from medical school 
and will be performing services in the
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United States as a member of the medical 
profession; or 
‘‘(ii) has been granted a national in-
terest waiver by U.S. Citizenship and Im-
migration 
Services 
under 
section 
203(b)(2)(B). 
‘‘(2) EFFECTIVE DATE DEFINED.—In this sub-
section, the term ‘effective date’ means the first day 
of the second fiscal year beginning after the date of 
enactment of this subsection.’’. 
(b) 
UNUSED
EMPLOYMENT-BASED
IMMIGRANT 
VISAS.—Any immigrant visas reserved under section 
203(b) of the Immigration and Nationality Act (8 U.S.C. 
1153(b)) for employment-based immigrants that are not 
needed for an employment-based immigrant may be issued 
to 
aliens 
described 
in 
subparagraph 
in 
section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 
SEC. 9. PROHIBITION ON ADMISSION OR ADJUSTMENT OF 
STATUS OF ALIENS AFFILIATED WITH THE 
MILITARY FORCES OF THE PEOPLE’S REPUB-
LIC OF CHINA OR THE CHINESE COMMUNIST 
PARTY. 
The Secretary of Homeland Security shall not adjust 
status of any alien affiliated with the military forces of the