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 such Act (8 U.S.C. 
1153(d)) shall apply in allocating immigrant visas to 
family members, for purposes of this subsection. 
(6) DETERMINATION OF TWO FOREIGN STATES 
OR DEPENDENT AREAS WITH HIGHEST DEMAND.— 
The two foreign states or dependent areas with the 
highest demand for immigrant visas, as referred to 
in this subsection, are the two foreign states or de-
pendent areas with the largest aggregate number 
beneficiaries of petitions for an immigrant visa 
under section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)) that have been ap-
proved, but where an immigrant visa is not yet avail-
able, as determined by the Secretary of State, in 
consultation with the Secretary of Homeland Secu-
rity. 
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): 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) Not later than 180 days after the 
date of the enactment of the Equal Access to 
Green cards for Legal Employment Act of 
2021, 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 identified by the Sec-
retary 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 Fed-
eral Register and in other appropriate media, a notice of 
the date on which the internet website required under sec-
tion 212(n)(6) of the Immigration and Nationality Act, 
as established by subsection (a), will be operational. 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(c) APPLICATION.—The amendment made by sub-
section (a) shall apply to any application filed on or after 
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 
accept employment under section 214(n), 
has posted on the internet website de-
scribed in paragraph (6), for at least 30 
calendar days, a description of each posi-
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
tion for which a nonimmigrant is sought, 
that includes— 
‘‘(I) the occupational classifica-
tion, and if different the employer’s 
job title for the position, in which the 
nonimmigrant(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 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
U.S.C. 1182(n)(1)) is amended by inserting after subpara-
graph (G)(ii) the following: 
‘‘(H)(i) The employer, or a person or enti-
ty acting on the employer’s behalf, has not ad-
vertised 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 
nonimmigrant; or 
‘‘(II) an individual who is or will be 
an H–1B nonimmigrant shall receive pri-
ority or a preference in the hiring process 
for such position. 
‘‘(ii) The employer has not primarily re-
cruited individuals who are or who will be H– 
1B nonimmigrants to fill such position. 
‘‘(I) If the employer, in a previous period 
specified by the Secretary, employed one or 
more H–1B nonimmigrants, the employer shall 
submit to the Secretary the Internal Revenue 
Service Form W–2 Wage and Tax Statements 
filed by the employer with respect to the H–1B 
nonimmigrants for such period.’’. 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(c) ADDITIONAL REQUIREMENT FOR NEW H–1B PE-
TITIONS.— 
(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 fur-
ther amended by inserting after subparagraph (I), 
the following: 
‘‘(J)(i) If the employer employs 50 or more 
employees in the United States, the sum of the 
number of such employees who are H–1B non-
immigrants 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 em-
ployer 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 pro-
hibit renewal applications or change of employer ap-
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
plications for H–1B nonimmigrants employed by an 
employer on the date of the 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 the 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: 
‘‘(7)(A) The Secretary of Labor shall promul-
gate a regulation that requires applicants under this 
subsection to pay an administrative fee to cover the 
average paperwork processing costs and other ad-
ministrative 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 expended. 
‘‘(ii) The Secretary of the Treasury shall refund 
amounts in such account to the Secretary of Labor 
for salaries and related expenses associated with the 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
administration, oversight, investigation, and enforce-
ment 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. 
‘‘(B) Nothing in this paragraph may be con-
strued 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 un-
skilled labor if such admission is not otherwise au-
thorized by law.’’. 
SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 
AGAINST H–1B EMPLOYERS. 
(a) INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES.—Section 212(n)(2)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended 
by striking clause (iv) and inserting the following: 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(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 per-
sonnel action, or intimidating, threatening, 
restraining, 
coercing, 
blacklisting, 
dis-
charging, or discriminating in any other 
manner against an employee because the 
employee— 
‘‘(aa) disclosed information that 
the employee reasonably believes evi-
dences a violation of this subsection or 
any rule or regulation pertaining to 
this subsection; or 
‘‘(bb) cooperated or sought to co-
operate with the requirements under 
this subsection or any rule or regula-
tion pertaining to this subsection. 
‘‘(II) An employer that violates this 
clause shall be liable to the employee 
harmed by such violation for lost wages 
and benefits. 
‘‘(III) In this clause, the term ‘em-
ployee’ includes— 
‘‘(aa) a current employee; 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(bb) a former employee; and 
‘‘(cc) an applicant for employ-
ment.’’. 
(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 Immigration Services shall provide the Sec-
retary of Labor with any information contained 
in the materials submitted by employers of H– 
1B nonimmigrants as part of the petition adju-
dication process that indicates that the em-
ployer is not complying with visa program re-
quirements for H–1B nonimmigrants. 
‘‘(ii) The Secretary may initiate and con-
duct an investigation and hearing under this 
paragraph after receiving information of non-
compliance under this subparagraph.’’. 
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 mat-
ter following subparagraph (I), as added by section 4(b)— 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(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 SIMI-
LARLY EMPLOYED.—Section 212(n)(1)(A) of the Immi-
gration 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; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘, and’’; and 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(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, quali-
fications, 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 
available information for the geo-
graphical area within normal com-
muting distance of the actual address 
of employment at which the H–1B 
nonimmigrant is or will be em-
ployed.’’. 
(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— 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(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 oc-
curred. 
‘‘(II) The Secretary may conduct— 
‘‘(aa) surveys of the degree to 
which employers comply with the re-
quirements under this subsection; and 
‘‘(bb) subject to subclause (IV), 
annual compliance audits of any em-
ployer 
that 
employs 
H–1B 
non-
immigrants during the applicable cal-
endar year. 
‘‘(III) Subject to subclause (IV), the 
Secretary shall— 
‘‘(aa) conduct annual compliance 
audits of each employer that employs 
more than 100 full-time equivalent 
employees who are employed in the 
United States if more than 15 percent 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
of such full-time employees are H–1B 
nonimmigrants; and 
‘‘(bb) make available to the pub-
lic an executive summary or report de-
scribing the general findings of the 
audits conducted under this subclause. 
‘‘(IV) In the case of an employer sub-
ject to an annual compliance audit in 
which there was no finding of a willful fail-
ure to meet a condition under subpara-
graph (C)(ii), no further annual compli-
ance audit shall be conducted with respect 
to such employer for a period of not less 
than 4 years, absent evidence of misrepre-
sentation 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 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(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 
follows 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 employer’s compliance with the require-
ments under this subsection.’’; 
(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; 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
(6) in clause (iv), as so redesignated— 
(A) by striking ‘‘clause (viii)’’ and insert-
ing ‘‘clause (vi)’’; and 
(B) by striking ‘‘meet a condition de-
scribed 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 comply with this clause if the Secretary 
determines that such compliance would 
interfere with an effort by the Secretary to 
investigate or secure compliance by the em-
ployer with the requirements of this sub-
section. 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(IV) A determination by the Sec-
retary under this clause shall not be sub-
ject to judicial review.’’; 
(8) in clause (vi), as so redesignated, by strik-
ing ‘‘An investigation’’ in the first sentence and all 
that follows through ‘‘the determination.’’ in the sec-
ond sentence and inserting ‘‘If the Secretary of 
Labor, after an investigation under clause (i) or (ii), 
determines that a reasonable basis exists to make a 
finding that the employer has failed to comply with 
the requirements under this subsection, the Sec-
retary shall provide interested parties with notice of 
such determination and an opportunity for a hearing 
in accordance with section 556 of title 5, United 
States Code, not later than 60 days after the date 
of such determination.’’; and 
(9) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after 
a hearing, finds that the employer has vio-
lated a requirement under this subsection, 
the Secretary may impose a penalty pursu-
ant to subparagraph (C).’’. 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS
alien and provide instructions for submitting 
such form. 
‘‘(C) NOTICE OF INTENT TO DENY.—If the 
most recent Confirmation of Bona Fide Job 
Offer or Portability (Form I–485 Supplement 
J, or any successor form) or any prior form in-
dicates a lack of compliance with paragraph 
(4)(A), the Secretary of Homeland Security 
shall issue a notice of intent to deny the appli-
cation for adjustment of status and provide the 
alien the opportunity to submit evidence of 
compliance. 
‘‘(D) DENIAL.—An application for adjust-
ment of status under this subsection may be de-
nied if the alien fails to— 
‘‘(i) timely file a Confirmation of 
Bona Fide Job Offer or Portability (Form 
I–485 Supplement J, or any successor 
form) in response 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.— 
VerDate Sep 11 2014 
20:57 Jul 09, 2021
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3648.IH
H3648
pamtmann on DSKBC07HB2PROD with BILLS