years 2010 through 2015, if such limitation is 
reached in the previous fiscal year, such limita-
tion shall equal the greater of 180,000 and the 
limitation applicable for the previous fiscal year 
increased by 20 percent; or’’. 
SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR 
CERTAIN NONIMMIGRANTS. 
Section 214(g)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(5)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’; 
(2) in subparagraph (C), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(D) has earned a master’s or higher degree 
from a United States institution of higher education 
(as defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a)) in a field of 
science, technology, engineering, or mathematics and 
with respect to whom the petitioning employer re-
quires such education as a condition for the employ-
ment; or 
‘‘(E) has earned a master’s or higher degree (or 
its equivalent) from an institution of higher edu-
cation outside of the United States in a field of 
science, technology, engineering, or mathematics and 
VerDate Aug 31 2005 
22:20 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS
with respect to whom the petitioning employer re-
quires such education as a condition for the employ-
ment, until the number of aliens who are exempted 
from such numerical limitations under this subpara-
graph during a fiscal year exceeds 20,000.’’. 
SEC. 4. H–1B EMPLOYER REQUIREMENTS. 
Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
subparagraph (G) the following: 
‘‘(H) The employer has not advertised the avail-
able jobs specified in the application in an advertise-
ment that states or indicates that— 
‘‘(i) the job or jobs are only available to 
persons who are or who may become H–1B 
nonimmigrants; or 
‘‘(ii) persons who are or who may become 
H–1B nonimmigrants shall receive priority or a 
preference in the hiring process. 
‘‘(I) If the employer employs not less than 50 
employees in the United States, not more than 50 
percent 
of 
such 
employees 
are 
H–1B 
non-
immigrants.’’. 
VerDate Aug 31 2005 
23:19 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS
SEC. 5. H–1B GOVERNMENT AUTHORITY AND REQUIRE-
MENTS. 
(a) SAFEGUARDS AGAINST FRAUD AND MISREPRE-
SENTATION IN APPLICATION REVIEW PROCESS.—Section 
212(n)(1) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)) is amended, in the matter following 
subparagraph (I) (as inserted by section 3 of this Act)— 
(1) by inserting ‘‘and through the Department 
of Labor’s website, without charge.’’ after ‘‘D.C.’’; 
(2) by inserting ‘‘, clear indicators of fraud, 
misrepresentation of material fact,’’ after ‘‘complete-
ness’’; 
(3) by striking or ‘‘obviously inaccurate’’ and 
inserting ‘‘presents clear indicators of fraud or mis-
representation of material fact, or is obviously inac-
curate’’; 
(4) by striking ‘‘within 7 days of’’ and inserting 
‘‘not later than 14 days after’’; and 
(5) 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 under paragraph (2).’’. 
(b) INVESTIGATIONS BY DEPARTMENT OF LABOR.— 
Section 212(n)(2) of such Act is amended— 
(1) in subparagraph (A)— 
VerDate Aug 31 2005 
22:20 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS
(A) by striking ‘‘12 months’’ and inserting 
‘‘24 months’’; and 
(B) by striking ‘‘The Secretary shall con-
duct’’ and all that follows and inserting ‘‘Upon 
the receipt of such a complaint, the Secretary 
may initiate an investigation to determine if 
such a failure or misrepresentation has oc-
curred.’’; 
(2) in subparagraph (C)(i)— 
(A) by striking ‘‘a condition of paragraph 
(1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con-
dition under subparagraph (B), (C)(i), (E), (F), 
(H), (I), or (J) of paragraph (1)’’; and 
(B) by striking ‘‘(1)(C)’’ and inserting 
‘‘(1)(C)(ii)’’; 
(3) in subparagraph (G)— 
(A) in clause (i), by striking ‘‘if the Sec-
retary’’ and all that follows and inserting ‘‘with 
regard to the employer’s compliance with the 
requirements of this subsection.’’; 
(B) in clause (ii), by striking ‘‘and whose 
identity’’ and all that follows through ‘‘failure 
or failures.’’ and inserting ‘‘the Secretary of 
Labor may conduct an investigation into the 
VerDate Aug 31 2005 
22:20 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS
employer’s compliance with the requirements of 
this subsection.’’; 
(C) in clause (iii), by striking the last sen-
tence; 
(D) by striking clauses (iv) and (v); 
(E) by redesignating clauses (vi), (vii), and 
(viii) as clauses (iv), (v), and (vi), respectively; 
(F) in clause (iv), as redesignated, by 
striking ‘‘meet a condition described in clause 
(ii), unless the Secretary of Labor receives the 
information not later than 12 months’’ and in-
serting ‘‘comply with the requirements under 
this subsection, unless the Secretary of Labor 
receives the information not later than 24 
months’’; 
(G) by amending clause (v), as redesig-
nated, to read as follows: 
‘‘(v) The Secretary of Labor shall pro-
vide notice to an employer of the intent to 
conduct an investigation. The notice shall 
be provided in such a manner, and shall 
contain sufficient detail, to permit the em-
ployer to respond to the allegations before 
an investigation is commenced. The Sec-
retary is not required to comply with this 
VerDate Aug 31 2005 
22:20 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS
clause if the Secretary determines that 
such compliance would interfere with an 
effort by the Secretary to investigate or se-
cure compliance by the employer with the 
requirements of this subsection. A deter-
mination by the Secretary under this 
clause shall not be subject to judicial re-
view.’’; 
(H) in clause (vi), as redesignated, by 
striking ‘‘An investigation’’ and all that follows 
through ‘‘the determination.’’ and inserting ‘‘If 
the Secretary of Labor, after an investigation 
under clause (i) or (ii), determines that a rea-
sonable basis exists to make a finding that the 
employer has failed to comply with the require-
ments under this subsection, the Secretary 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 120 days 
after the date of such determination.’’; and 
(I) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after 
a hearing, finds a reasonable basis to be-
lieve that the employer has violated the re-
VerDate Aug 31 2005 
22:20 Mar 15, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5630.IH
H5630
rwilkins on PROD1PC63 with BILLS