particular occupational category in a geographic re-
gion has been stagnant or in decline for the 6-month 
period immediately preceding the filing of a petition 
for an H nonimmigrant worker, the Secretary shall 
not approve the petition until—
(A) compensation in that occupational cat-
egory and geographic region has increased each 
month for at least 6 months by an amount to 
be determined by the Secretary; and 
(B) the Secretary has reassessed the pre-
vailing wage for that occupational category and 
geographic region to ensure that it reflects the 
rising real wage levels. 
SEC. 103. REQUIREMENTS FOR PROSPECTIVE EMPLOYERS 
OF H NONIMMIGRANTS. 
(a) IN GENERAL.—An employer seeking to hire a 
nonimmigrant described in section 101(a)(15)(H) of the 
Immigration and Nationality Act (as amended by section 
101 of this Act) shall post an announcement of the job 
for which the nonimmigrant is sought on America’s Job 
Bank. 
(b) FEE.—Employers shall be required to pay a user 
fee of $10 per worker sought through America’s Job 
Bank. Such fees shall be placed by the Secretary of Labor 
in a fund to be used to maintain and improve America’s
Job Bank. Any amounts from such fund not used for sys-
tem maintenance shall be used to investigate abuses of the 
H nonimmigrant program. 
(c) ANNOUNCEMENT
CONTENTS.—Each job an-
nouncement posted pursuant to this section shall list, at 
a minimum, the following: 
(1) The name, contact information, and de-
scription of the employer. 
(2) A description of the job and the minimum 
skills necessary to perform it. 
(3) A description of any additional knowledge, 
skills, or abilities that are preferred by the employer. 
(4) The wage rate or salary being offered for 
the job, which shall be at least equal to the median 
national wage rate for the occupation, as determined 
by the Occupational Employment Statistics survey of 
the Bureau of Labor Statistics, or the prevailing 
wage, whichever is greater. 
(5) The benefits package being offered for the 
job. 
(d) MINIMUM POSTING PERIOD.—Each announce-
ment shall be posted for a minimum period of 14 days, 
including the 7 days that end one week before the job be-
gins, before an employer may seek authorization to hire 
an H nonimmigrant.
(e) REQUIRED ESCROW
OF RETURN TRANSPOR-
TATION COSTS.—An employer of an H nonimmigrant 
shall place into an escrow account at the time of hiring 
sufficient funds to transport the nonimmigrant back to the 
home country when the job ends or when the period of 
authorized admission expires. 
(f) AMENDMENTS TO IMMIGRATION AND NATION-
ALITY ACT.—Section 212(n) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)) is amended—
(1) by striking ‘‘H–1B nonimmigrants’’ each 
place it appears and inserting ‘‘H nonimmigrants’’; 
(2) in paragraph (1)—
(A) by amending clause (i) of subpara-
graph (A) to read as follows: 
‘‘(i) is offering and will offer during 
the period of authorized employment to 
aliens admitted or provided status as H 
nonimmigrants real wages equal to the me-
dian national wage rate for the occupation, 
as determined by the Occupational Em-
ployment Statistics survey of the Bureau 
of Labor Statistics, or the prevailing wage, 
whichever is greater.’’; 
(B) by striking subparagraph (E) and in-
serting the following:
‘‘(E) The employer has not laid off or dis-
missed (except for cause) any United States 
worker performing the announced job or an 
equivalent job in the 6 months immediately pre-
ceding the date of application and that the em-
ployer will not lay off or dismiss (except for 
cause) any such worker while employing the H 
nonimmigrant worker. If the employer, due to 
unforeseen financial or economic circumstances, 
must lay off a United States worker, the em-
ployer shall terminate any H nonimmigrants 
performing equivalent jobs prior to laying off 
any United States workers.’’; 
(C) in subparagraph (F)—
(i) by striking ‘‘In the case of’’ and all 
that follows through ‘‘, the’’ and inserting 
‘‘The’’; and 
(ii) by striking ‘‘regardless of wheth-
er’’ and all that follows through ‘‘em-
ployer)’’; and 
(D) by amending subparagraph (G) to 
read as follows: 
‘‘(G) The employer, prior to filing the ap-
plication—
‘‘(i) has complied with the job-posting 
requirements described in subsections (b), 
(c), and (d) to recruit United States work-
ers for the job for which the nonimmigrant 
is or nonimmigrants are sought; and 
‘‘(ii) has offered the job to any United 
States worker who applies and is equally 
or better qualified for such job.’’; 
(3) in paragraph (2)(C)—
(A) 
in 
subclause 
(i)(I), 
by 
striking 
‘‘$1,000’’ and inserting ‘‘$2,000’’; 
(B) in subclause (ii)(I), by striking 
‘‘$5,000’’ and inserting ‘‘$10,000’’; 
(C) in subclause (iii)(I), by striking 
‘‘$35,000’’ and inserting ‘‘$70,000’’; and 
(D) in subclause (vi)(III), by striking 
‘‘$1,000’’ and inserting ‘‘$2,000’’; 
(4) in clause (i) of paragraph (5)(E), by strik-
ing ‘‘$1,000 per violation or $5,000’’ and inserting 
‘‘$2,000 per violation or $10,000’’; 
(5) in paragraph (2)(E), by striking ‘‘a non-
exempt’’ and inserting ‘‘an’’; and 
(6) by striking paragraph (3) and redesignating 
paragraphs (4) and (5) as paragraphs (3) and (4), 
respectively.