‘‘(bb) cooperated or sought to cooperate with the re-
quirements under this subsection or any rule or regulation 
pertaining to this subsection. 
‘‘(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 em-
ployment.’’. 
(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.’’. 
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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 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— 
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(1) in clause (i), in the undesignated matter fol-
lowing 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 identi-
fied 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 em-
ployment, considering experience, qualifica-
tions, education, job responsibility and 
function, specialized knowledge, and other 
legitimate business factors, except in a geo-
graphical area there are no such employees, 
and 
‘‘(II) the prevailing wages identified in 
clause (ii) reflect the best available informa-
tion for the geographical area within nor-
mal commuting distance of the actual ad-
dress of employment at which the H–1B 
nonimmigrant is or will be employed.’’. 
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(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 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 
sub-
section; and 
‘‘(bb) subject to subclause 
(IV), annual compliance audits of 
any employer that employs H–1B 
nonimmigrants during the appli-
cable calendar year. 
‘‘(III) Subject to subclause (IV), the Secretary shall— 
‘‘(aa) conduct annual com-
pliance audits of each employer 
that employs more than 100 full- 
time equivalent employees who are 
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employed in the United States if 
more than 15 percent of such full- 
time employees are H–1B non-
immigrants; and 
‘‘(bb) make available to the 
public an executive summary or 
report describing the general find-
ings 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 
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(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 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; 
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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.—Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at 
the end the following: 
‘‘(o) ADJUSTMENT
OF STATUS
FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(3), an alien (including the alien’s spouse or child, 
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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 non-
immigrant, other than a nonimmigrant de-
scribed 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 adjust-
ment of status under this subsection shall continue to 
qualify as a child for purposes of the application, re-
gardless of the child’s age or whether the principal 
alien is deceased at the time an immigrant visa be-
comes available. 
‘‘(3) TRAVEL
AND
EMPLOYMENT
AUTHORIZA-
TION.— 
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‘‘(A) ADVANCE PAROLE.—Applicants for ad-
justment 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 ap-
plicants for adjustment of status under sub-
section (a). 
‘‘(ii) LIMITATIONS
ON
EMPLOYMENT 
AUTHORIZATION FOR DEPENDENTS.—A de-
pendent alien who was neither authorized to 
work nor eligible to request work authoriza-
tion at the time an application for adjust-
ment of status is filed under this subsection 
shall not be eligible to receive work author-
ization due to the filing of such application. 
‘‘(4) CONDITIONS ON ADJUSTMENT OF STATUS 
AND
EMPLOYMENT
AUTHORIZATION
FOR
PRINCIPAL 
ALIENS.— 
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‘‘(A) IN GENERAL.—During the time an ap-
plication for adjustment of status under this sub-
section is pending and until such time an immi-
grant 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 oc-
cupational classification as the job for 
which the petition was filed. 
‘‘(B) SPECIAL
FILING
PROCEDURES.—An 
application for adjustment of status filed by a 
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principal alien under this subsection shall be ac-
companied by— 
‘‘(i) a signed letter from the principal 
alien’s current or prospective employer at-
testing 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 nec-
essary by the Secretary of Homeland Secu-
rity to verify compliance with subpara-
graph (A). 
‘‘(C) APPLICATION
FOR
EMPLOYMENT
AU-
THORIZATION.— 
‘‘(i) IN GENERAL.—An application for 
employment authorization filed by a prin-
cipal applicant for adjustment of status 
under this subsection shall be accompanied 
by a Confirmation of Bona Fide Job Offer 
or Portability (or any form associated with 
section 204(j)) attesting that— 
‘‘(I) the job offered in the immi-
grant visa petition remains a bona 
fide job offer that the alien intends to 
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accept upon approval of the adjust-
ment 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 au-
thorization document issued to a principal 
alien who has filed an application for ad-
justment 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 immi-
grant visa becomes available; and 
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‘‘(i) timely file a Confirmation of 
Bona Fide Job Offer or Portability (or any 
form associated with section 204(j)) in re-
sponse 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 Home-
land Security shall charge and collect a fee in 
the amount of $2,000 to process each Confirma-
tion of Bona Fide Job Offer or Portability (or 
any form associated with section 204(j)) filed 
under this subsection. 
‘‘(B) DEPOSIT
AND
USE
OF
FEES.—Fees 
collected under subparagraph (A) shall be depos-
ited and used as follows: 
‘‘(i) Fifty percent of such fees shall be 
deposited in the Immigration Examinations 
Fee 
Account 
established 
under 
section 
286(m). 
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‘‘(ii) Fifty percent of such fees shall be 
deposited in the Treasury of the United 
States as miscellaneous receipts. 
‘‘(7) APPLICATION.— 
‘‘(A) The provisions of this subsection— 
‘‘(i) shall apply beginning on the date 
that is one year after the date of the enact-
ment of the Equal Access to Green cards for 
Legal Employment Act of 2022; and 
‘‘(ii) except as provided in subpara-
graph (B), shall cease to apply as of the 
date that is nine years after the date of the 
enactment of such Act. 
‘‘(B) This subsection shall continue to apply 
with respect to any alien who has filed an appli-
cation for adjustment of status under this sub-
section any time prior to the date on which this 
subsection otherwise ceases to apply. 
‘‘(8) CLARIFICATIONS.—For purposes of this sub-
section: 
‘‘(A) The term ‘similarly situated United 
States workers’ includes United States workers 
performing similar duties, subject to similar su-
pervision, and with similar educational back-
grounds, industry expertise, employment experi-
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ence, 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 em-
ployment if the employer can demonstrate that 
the duties, hours, and compensation are con-
sistent with the range of such terms and condi-
tions 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)’’. 
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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 
eliminate the per-country numerical limitation for 
employment-based immigrants, to increase the 
per-country numerical limitation for family-spon-
sored immigrants, and for other purposes. 
JUNE 7, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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