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)— 
(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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 
(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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— 
(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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 
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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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 
(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; 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
(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; 
(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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. 
‘‘(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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).’’. 
SEC. 7. WAGE REQUIREMENT. 
Section 212(n) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)) is amended— 
(1) in paragraph (1)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) Subject to subparagraphs (B) and 
(C), the employer— 
‘‘(i) is offering and will offer during 
the period of authorized employment to 
aliens admitted or provided status as an 
H–1B nonimmigrant wages that are at 
least the greater of— 
‘‘(I) $90,000 or the applicable 
adjusted amount under subclause (II), 
or 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(II) the actual wage level paid 
by the employer to all other individ-
uals with similar experience and quali-
fications for the specific employment 
in question, or 
‘‘(III) the prevailing wage level 
for the occupational classification in 
the area of employment, and 
‘‘(ii) will provide working conditions 
for such a nonimmigrant that will not ad-
versely affect the working conditions of 
workers similarly employed. 
‘‘(B) Effective for the third fiscal year that 
begins after the date of the enactment of this 
clause, and each third fiscal year thereafter, the 
amount described in subparagraph (A)(i)(I) (as 
of the last increase to such amount) shall be in-
creased by the percentage by which the Con-
sumer Price Index, as calculated by the Bureau 
of Labor Statistics, for the month of June pre-
ceding the date on which such increase would 
take effect exceeds the Consumer Price Index 
for the June of the third preceding calendar 
year. 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(C) Post-secondary education institutions, 
any organization described in section 501(c)(3) 
of the Internal Revenue Code of 1986 which is 
exempt from taxation under section 501(a) of 
such Code, and any health care provider located 
in designated health professional shortage areas 
pursuant to section 332 of the Public Health 
Service Act, shall be exempt from the minimum 
under subparagraph (A) and have their applica-
tions considered equally.’’; and 
(B) by redesignating subparagraphs (B), 
(C), (D), (E), (F), and (G) as subparagraphs 
(D), (E), (F), (G), (H), and (I), respectively; 
and 
(2) in paragraph (3)(B), by striking clause (i) 
and inserting the following: 
‘‘(i) the term ‘exempt H–1B non-
immigrant’ means an H–1B nonimmigrant 
who receives wages in accordance with 
paragraph (1)(A);’’. 
SEC. 8. PROHIBITION OF CERTAIN VISAS FOR NATIONALS 
OF FOREIGN ADVERSARY COUNTRIES. 
Notwithstanding any other provision of law, an alien 
from a foreign adversary country as defined in 47 U.S.C. 
1607(c)(2) may not be admitted as a nonimmigrant under 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
section 101(a)(15)(H)(i)(b) or section 101(a)(15)(H)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b); 1101(a)(1)(H)(iii)) for employment 
in any matter with respect to the vital national interest. 
SEC. 9. 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: 
‘‘(o) 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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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 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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
shall be eligible for work authorization 
under the same terms and conditions as 
applicants for adjustment of status under 
subsection (a). 
‘‘(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-
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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 
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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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 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 (or any form associated with 
section 204(j)). 
‘‘(B) REQUEST FOR EVIDENCE.—If at the 
time an immigrant visa becomes available, a 
Confirmation of Bona Fide Job Offer or Port-
ability (or any form associated with section 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
204(j)) has not been filed by the principal alien 
within the preceding 12 months, the Secretary 
of Homeland Security shall notify the 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 (or any form associated 
with section 204(j)) or any prior form indicates 
a lack of compliance with paragraph (4)(A), the 
Secretary of Homeland Security shall issue a 
notice of intent to deny the application for ad-
justment of status and provide the alien the op-
portunity 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 (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.— 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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 
(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 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) APPLICATION.— 
‘‘(A) IN GENERAL.—The provisions of this 
subsection— 
‘‘(i) shall apply beginning on the date 
that is one year after the date of the en-
actment of the Immigration Visa Effi-
ciency and Security Act of 2023; and 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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) 
APPLICABILITY.—This 
subsection 
shall continue to apply 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 apply. 
‘‘(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
consistent with the range of such terms and 
conditions the employer has offered or would 
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)’’. 
SEC. 10. DESCRIPTIONS OF CERTAIN TERMS; REPORT RE-
QUIRED. 
(a) MATTER OF VITAL NATIONAL INTEREST DE-
SCRIBED.—The term ‘‘matter of vital national interest’’ 
means an occupation where the employee will be working 
on a government contract related to matters, including— 
(1) cybersecurity; 
(2) energy; or 
(3) the national defense. 
(b) DETERMINATION UPDATE REQUIRED.—The Sec-
retary of Homeland Security shall update a determination 
made pursuant to subsection (a) not less than every two 
years. 
(c) REPORT REQUIRED.— 
(1) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Homeland Security shall report to Congress on 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542