tion an annual salary in disbursements over fewer than 
12 months, if—
‘‘(aa) the nonimmigrant agrees to the com-
pressed annual salary payments prior to the com-
mencement of the employment; and 
‘‘(bb) the application of the salary practice to 
the nonimmigrant does not otherwise cause the non-
immigrant to violate any condition of the non-
immigrant’s authorization under this Act to remain 
in the United States. 
‘‘(VI) This clause shall not be construed as super-
seding clause (viii). 
‘‘(viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under 
this subsection to fail to offer to a nonimmigrant under 
section 101(a)(15)(H)(i)(b1), during the nonimmigrant’s 
period of authorized employment, benefits and eligibility 
for benefits (including the opportunity to participate in 
health, life, disability, and other insurance plans; the op-
portunity to participate in retirement and savings plans; 
and cash bonuses and non-cash compensation, such as 
stock options (whether or not based on performance)) on 
the same basis, and in accordance with the same criteria, 
as the employer offers to United States workers.
‘‘(D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has not paid 
wages at the wage level specified in the attestation and 
required under paragraph (1), the Secretary of Labor 
shall order the employer to provide for payment of such 
amounts of back pay as may be required to comply with 
the requirements of paragraph (1), whether or not a pen-
alty under subparagraph (C) has been imposed. 
‘‘(E) The Secretary of Labor may, on a case-by-case 
basis, subject an employer to random investigations for 
a period of up to 5 years, beginning on the date on which 
the employer is found by the Secretary of Labor to have 
committed a willful failure to meet a condition of para-
graph (1) or to have made a willful misrepresentation of 
material fact in an attestation. The authority of the Sec-
retary of Labor under this subparagraph shall not be con-
strued to be subject to, or limited by, the requirements 
of subparagraph (A). 
‘‘(F) Nothing in this subsection shall be construed 
as superseding or preempting any other enforcement-re-
lated authority under this Act (such as the authorities 
under section 274B), or any other Act. 
‘‘(4) For purposes of this subsection: 
‘‘(A) The term ‘area of employment’ means the 
area within normal commuting distance of the work-
site or physical location where the work of the non-
immigrant under section 101(a)(15)(H)(i)(b1) is or 
will be performed. If such worksite or location is 
within a Metropolitan Statistical Area, any place 
within such area is deemed to be within the area of 
employment. 
‘‘(B) In the case of an attestation with respect 
to one or more nonimmigrants under section 
101(a)(15)(H)(i)(b1) by an employer, the employer 
is considered to ‘displace’ a United States worker 
from a job if the employer lays off the worker from 
a job that is essentially the equivalent of the job for 
which the nonimmigrant or nonimmigrants is or are 
sought. A job shall not be considered to be essen-
tially equivalent of another job unless it involves es-
sentially the same responsibilities, was held by a 
United States worker with substantially equivalent 
qualifications and experience, and is located in the 
same area of employment as the other job. 
‘‘(C)(i) The term ‘lays off’, with respect to a 
worker—
‘‘(I) means to cause the worker’s loss of 
employment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract; but 
‘‘(II) does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with the same employer at equiva-
lent or higher compensation and benefits than 
the position from which the employee was dis-
charged, regardless of whether or not the em-
ployee accepts the offer. 
‘‘(ii) Nothing in this subparagraph is intended 
to limit an employee’s rights under a collective bar-
gaining agreement or other employment contract. 
‘‘(D) The term ‘United States worker’ means 
an employee who—
‘‘(i) is a citizen or national of the United 
States; or 
‘‘(ii) is an alien who is lawfully admitted 
for permanent residence, is admitted as a ref-
ugee under section 207 of this title, is granted 
asylum under section 208, or is an immigrant 
otherwise authorized, by this Act or by the Sec-
retary of Homeland Security, to be employed.’’. 
(c) SPECIAL RULE
FOR COMPUTATION
OF PRE-
VAILING WAGE.—Section 212(p)(1) of the Immigration
and Nationality Act (8 U.S.C. 1182(p)(1)) is amended by 
striking ‘‘(n)(1)(A)(i)(II) and (a)(5)(A)’’ and inserting 
‘‘(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’.
(d) FEE.—
(1) IN GENERAL.—Section 214(c) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(c)) is 
amended by adding at the end the following: 
‘‘(11)(A) Subject to subparagraph (B), the Secretary 
of Homeland Security or the Secretary of State, as appro-
priate, shall impose a fee on an employer who has filed 
an attestation described in section 212(t)—
‘‘(i) in order that an alien may be initially 
granted nonimmigrant status described in section 
101(a)(15)(H)(i)(b1); or 
‘‘(ii) in order to satisfy the requirement of the 
second sentence of subsection (g)(8)(C) for an alien 
having such status to obtain certain extensions of 
stay. 
‘‘(B) The amount of the fee shall be the same as the 
amount imposed by the Secretary of Homeland Security 
under paragraph (9), except that if such paragraph does 
not authorize such Secretary to impose any fee, no fee 
shall be imposed under this paragraph.
‘‘(C) Fees collected under this paragraph shall be de-
posited in the Treasury in accordance with section 
286(s).’’. 
(2) USE OF FEE.—Section 286(s)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1356(s)(1)) 
is amended by striking ‘‘section 214(c)(9).’’ and in-
serting ‘‘paragraphs (9) and (11) of section 
214(c).’’. 
SEC. 403. LABOR DISPUTES. 
Section 214(j) of the Immigration and Nationality 
Act (8 U.S.C. 1184(j)) is amended—
(1) by striking ‘‘(j)’’ and inserting ‘‘(j)(1)’’; 
(2) by striking ‘‘this subsection’’ each place 
such term appears and inserting ‘‘this paragraph’’; 
and 
(3) by adding at the end the following: 
‘‘(2) Notwithstanding any other provision of this Act 
except section 212(t)(1), and subject to regulations pro-
mulgated by the Secretary of Homeland Security, an alien 
who seeks to enter the United States under and pursuant 
to the provisions of an agreement listed in subsection 
(g)(8)(A), and the spouse and children of such an alien 
if accompanying or following to join the alien, may be de-
nied admission as a nonimmigrant under subparagraph 
(E), (L), or (H)(i)(b1) of section 101(a)(15) if there is
100
in progress a labor dispute in the occupational classifica-
tion at the place or intended place of employment, unless 
such alien establishes, pursuant to regulations promul-
gated by the Secretary of Homeland Security after con-
sultation with the Secretary of Labor, that the alien’s 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved 
in the labor dispute. Notice of a determination under this 
paragraph shall be given as may be required by such 
agreement.’’. 
SEC. 404. CONFORMING AMENDMENTS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended—
(1) in subsection (b), by striking ‘‘(other than 
a nonimmigrant described in subparagraph (H)(i), 
(L), or (V) of section 101(a)(15))’’ and inserting 
‘‘(other than a nonimmigrant described in subpara-
graph (L) or (V) of section 101(a)(15), and other 
than a nonimmigrant described in any provision of 
section 101(a)(15)(H)(i) except subclause (b1) of 
such section)’’; 
(2) in subsection (c)(1), by striking ‘‘section 
101(a)(15)(H), (L), (O), or (P)(i)’’ and inserting 
‘‘subparagraph (H), (L), (O), or (P)(i) of section
101
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1))’’; and 
(3) in subsection (h), by striking ‘‘(H)(i)’’ and 
inserting ‘‘(H)(i)(b) or (c)’’.
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