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 add-
ing at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(3), an alien (including the alien’s spouse or 
child, if eligible to receive a visa under section 
203(d)), may file an application for adjustment of 
status if— 
‘‘(A) the alien— 
‘‘(i) is present in the United States 
pursuant to a lawful admission as a 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 
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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 ad-
justment of status under this subsection shall con-
tinue to qualify as a child for purposes of the appli-
cation, regardless of the child’s age or whether the 
principal alien is deceased at the time an immigrant 
visa becomes available. 
‘‘(3) TRAVEL AND EMPLOYMENT AUTHORIZA-
TION.— 
‘‘(A) ADVANCE
PAROLE.—Applicants for 
adjustment of status under this subsection shall 
be eligible for advance parole under the same 
terms and conditions as applicants for adjust-
ment of status under subsection (a). 
‘‘(B) EMPLOYMENT AUTHORIZATION.— 
‘‘(i) PRINCIPAL
ALIEN.—Subject to 
paragraph (4), a principal applicant for 
adjustment of status under this subsection 
shall be eligible for work authorization 
under the same terms and conditions as 
applicants for adjustment of status under 
subsection (a). 
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‘‘(ii) LIMITATIONS
ON
EMPLOYMENT 
AUTHORIZATION
FOR
DEPENDENTS.—A 
dependent alien who was neither author-
ized to work nor eligible to request work 
authorization at the time an application for 
adjustment of status is filed under this 
subsection shall not be eligible to receive 
work authorization due to the filing of 
such application. 
‘‘(4) CONDITIONS ON ADJUSTMENT OF STATUS 
AND EMPLOYMENT AUTHORIZATION FOR PRINCIPAL 
ALIENS.— 
‘‘(A) IN GENERAL.—During the time an 
application for adjustment of status under this 
subsection is pending and until such time an 
immigrant visa becomes available— 
‘‘(i) the terms and conditions of the 
alien’s 
employment, 
including 
duties, 
hours, and compensation, must be com-
mensurate with the terms and conditions 
applicable to the employer’s similarly situ-
ated 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 
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and conditions of such employment must 
be commensurate with the terms and con-
ditions applicable to other similarly situ-
ated United States workers in the area of 
employment; and 
‘‘(ii) consistent with section 204(j), if 
the alien changes positions or employers, 
the new position is in the same or a similar 
occupational classification as the job for 
which the petition was filed. 
‘‘(B) SPECIAL FILING PROCEDURES.—An 
application for adjustment of status filed by a 
principal alien under this subsection shall be 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 employ-
ment 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). 
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‘‘(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 (Form I–485 Supplement J, 
or any successor form) attesting that— 
‘‘(I) the job offered in the immi-
grant visa petition remains a bona 
fide job offer that the alien intends to 
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 im-
migrant 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. 
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‘‘(iii) RENEWAL.—Any request by a 
principal alien to renew an employment au-
thorization document associated with such 
alien’s application for adjustment of status 
filed under this subsection shall be accom-
panied by the evidence described in sub-
paragraphs (B) and (C)(i). 
‘‘(5) DECISION.— 
‘‘(A) IN GENERAL.—An adjustment of sta-
tus application filed under paragraph (1) may 
not be approved— 
‘‘(i) until the date on which an immi-
grant visa becomes available; and 
‘‘(ii) if the principal alien has not, 
within the preceding 12 months, filed a 
Confirmation of Bona Fide Job Offer or 
Portability (Form I–485 Supplement J, or 
any successor form). 
‘‘(B) REQUEST FOR EVIDENCE.—If at the 
time an immigrant visa becomes available, a 
Confirmation of Bona Fide Job Offer or Port-
ability (Form I–485 Supplement J, or any suc-
cessor form) has not been filed by the principal 
alien within the preceding 12 months, the Sec-
retary of Homeland Security shall notify the 
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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 to process each Con-
firmation of Bona Fide Job Offer or Portability 
(Form I–485 Supplement J, or any successor 
form) filed under this subsection. 
‘‘(B) DEPOSIT AND USE OF FEES.—Fees 
collected under subparagraph (A) shall be de-
posited and used as follows: 
‘‘(i) Fifty percent of such fees shall be 
deposited in the Immigration Examinations 
Fee Account established under section 
286(m). 
‘‘(ii) Fifty percent of such fees shall 
be deposited in the Treasury of the United 
States as miscellaneous receipts. 
‘‘(7) EFFECTIVE DATE.— 
‘‘(A) The provisions of this subsection— 
‘‘(i) shall take effect one year after 
the date of the enactment of the Equal Ac-
cess to Green cards for Legal Employment 
Act of 2021; and 
‘‘(ii) except as provided in subpara-
graph (B), shall cease to have effect as of 
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the date that is nine years after the date 
of the enactment of such Act. 
‘‘(B) This subsection shall continue in ef-
fect with respect to any alien who has filed an 
application for adjustment of status under this 
subsection any time prior to the date on which 
this subsection otherwise ceases to have effect. 
‘‘(8) CLARIFICATIONS.—For purposes of this 
subsection: 
‘‘(A) The term ‘similarly situated United 
States workers’ includes United States workers 
performing similar duties, subject to similar su-
pervision, and with similar educational back-
grounds, industry expertise, employment experi-
ence, levels of responsibility, and skill sets as 
the alien in the same geographic area of em-
ployment as the alien. 
‘‘(B) The duties, hours, and compensation 
of the alien are ‘commensurate’ with those of-
fered to United States workers in the same area 
of employment if the employer can demonstrate 
that the duties, hours, and compensation are 
consistent with the range of such terms and 
conditions the employer has offered or would 
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offer to similarly situated United States em-
ployees.’’. 
(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 sub-
section (a)’’. 
Æ 
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