SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN 
STATE. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 
amended to read as follows: 
‘‘(2) PER COUNTRY LEVELS FOR FAMILY-SPON-
SORED
IMMIGRANTS.—Subject to paragraphs (3) 
and (4), the total number of immigrant visas made 
available to natives of any single foreign state or de-
pendent area under section 203(a) in any fiscal year 
may not exceed 15 percent (in the case of a single 
foreign state) or 2 percent (in the case of a depend-
ent area) of the total number of such visas made 
available under such section in that fiscal year.’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘both 
subsections (a) and (b) of section 203’’ and in-
serting ‘‘section 203(a)’’; and 
(B) by striking paragraph (5); and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If the total number of immigrant visas made available 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
under section 203(a) to natives of any single foreign state 
or dependent area will exceed the numerical limitation 
specified in subsection (a)(2) in any fiscal year, immigrant 
visas shall be allotted to such natives under section 203(a) 
(to the extent practicable and otherwise consistent with 
this section and section 203) in a manner so that, except 
as provided in subsection (a)(4), the proportion of the 
visas made available under each of paragraphs (1) through 
(4) of section 203(a) is equal to the ratio of the total visas 
made available under the respective paragraph to the total 
visas made available under section 203(a).’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply beginning on the date that is the first 
day of the second fiscal year beginning after the date of 
the enactment of this Act. 
(d) TRANSITION RULES FOR EMPLOYMENT-BASED 
IMMIGRANTS.—Notwithstanding title II of the Immigra-
tion and Nationality Act (8 U.S.C. 1151 et seq.), the fol-
lowing transition rules shall apply to employment-based 
immigrants, beginning on the date referred to in sub-
section (d): 
(1) RESERVED VISAS FOR LOWER ADMISSION 
STATES.— 
(A) IN GENERAL.—For the first nine fiscal 
years after the date referred to in subsection 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
(d), immigrant visas under each of paragraphs 
(2) and (3) of section 203(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(b)) 
shall be reserved and allocated to immigrants 
who are natives of a foreign state or dependent 
area that is not one of the two foreign states 
or dependent areas with the highest demand for 
immigrant visas as follows: 
(i) For the first fiscal year after such 
date, 30 percent of such visas. 
(ii) For the second fiscal year after 
such date, 25 percent of such visas. 
(iii) For the third fiscal year after 
such date, 20 percent of such visas. 
(iv) For the fourth fiscal year after 
such date, 15 percent of such visas. 
(v) For the fifth and sixth fiscal years 
after such date, 10 percent of such visas. 
(vi) For the seventh, eighth, and 
ninth fiscal years after such date, 5 per-
cent of such visas. 
(B) ADDITIONAL
RESERVED
VISAS
FOR 
NEW ARRIVALS.—For each of the first nine fis-
cal years after the date referred to in subsection 
(d), an additional 5.75 percent of the immi-
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
grant visas made available under each of para-
graphs (2) and (3) of section 203(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1153(b)) shall be allocated to immigrants who 
are natives of a foreign state or dependent area 
that is not one of the two foreign states or de-
pendent areas with the highest demand for im-
migrant visas. Such additional visas shall be al-
located in the following order of priority: 
(i) FAMILY MEMBERS ACCOMPANYING 
OR FOLLOWING TO JOIN.—Visas reserved 
under this subparagraph shall be allocated 
to family members described in section 
203(d) of the Immigration and Nationality 
Act (8 U.S.C. 1153(d)) who are accom-
panying or following to join a principal 
beneficiary who is in the United States and 
has been granted an immigrant visa or ad-
justment of status to lawful permanent 
residence under paragraph (2) or (3) of 
section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)). 
(ii) NEW PRINCIPAL ARRIVALS.—If at 
the end of the second quarter of any fiscal 
year, the total number of visas reserved 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
under this subparagraph exceeds the num-
ber of qualified immigrants described in 
clause (i), such visas may also be allocated, 
for the remainder of the fiscal year, to in-
dividuals (and their family members de-
scribed in section 203(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1153(d))) who are seeking an immigrant 
visa under paragraph (2) or (3) of section 
203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)) to enter the United 
States as new immigrants, and who have 
not resided or worked in the United States 
at any point in the four-year period imme-
diately preceding the filing of the immi-
grant visa petition. 
(iii) OTHER
NEW
ARRIVALS.—If at 
the end of the third quarter of any fiscal 
year, the total number of visas reserved 
under this subparagraph exceeds the num-
ber of qualified immigrants described in 
clauses (i) and (ii), such visas may be also 
be allocated, for the remainder of the fiscal 
year, to other individuals (and their family 
members described in section 203(d) of the 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
Immigration and Nationality Act (8 U.S.C. 
1153(d))) who are seeking an immigrant 
visa under paragraph (2) or (3) of section 
203(b) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)). 
(2) RESERVED VISAS FOR SHORTAGE OCCUPA-
TIONS.— 
(A) IN GENERAL.—For each of the first 
seven fiscal years after the date referred to in 
subsection (d), not fewer than 4,400 of the im-
migrant visas made available under section 
203(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1153(b)(3)), and not reserved 
under paragraph (1), shall be allocated to immi-
grants who are seeking admission to the United 
States to work in an occupation described in 
section 656.5(a) of title 20, Code of Federal 
Regulations (or any successor regulation). 
(B) FAMILY MEMBERS.—Family members 
who are accompanying or following to join a 
principal beneficiary described in subparagraph 
(A) shall be entitled to a visa in the same sta-
tus and in the same order of consideration as 
such principal beneficiary, but such visa shall 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
not be counted against the 4,400 immigrant 
visas reserved under such subparagraph. 
(3) PER-COUNTRY LEVELS.—For each of the 
first nine fiscal years after the date referred to in 
subsection (d)— 
(A) not more than 25 percent (in the case 
of a single foreign state) or 2 percent (in the 
case of a dependent area) of the total number 
of visas reserved under paragraph (1) shall be 
allocated to immigrants who are natives of any 
single foreign state or dependent area; and 
(B) not more than 85 percent of the immi-
grant visas made available under each of para-
graphs (2) and (3) of section 203(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1153(b)) and not reserved under paragraph (1), 
may be allocated to immigrants who are native 
to any single foreign state or dependent area. 
(4) SPECIAL
RULE
TO
PREVENT
UNUSED 
VISAS.—If, at the end of the third quarter of any 
fiscal year, the Secretary of State determines that 
the application of paragraphs (1) through (3) would 
result in visas made available under paragraph (2) 
or (3) of section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)) going unused in 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
that fiscal year, such visas may be allocated during 
the remainder of such fiscal year without regard to 
paragraphs (1) through (3). 
(5) RULES FOR CHARGEABILITY AND DEPEND-
ENTS.—Section 202(b) of the Immigration and Na-
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. 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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): 
‘‘(A) Not later than 180 days after the 
date of the enactment of the Immigration Visa 
Efficiency and Security Act of 2023, the Sec-
retary of Labor shall establish a searchable 
internet website for posting positions in accord-
ance with paragraph (1)(C) that is available to 
the public without charge. 
‘‘(B) The Secretary may delay the launch 
of the website described in subparagraph (A) 
for a single period identified by the Secretary 
by notice in the Federal Register that shall not 
exceed 30 days. 
‘‘(C) The Secretary may work with private 
companies or nonprofit organizations to develop 
and operate the internet website described in 
subparagraph (A). 
‘‘(D) The Secretary shall promulgate rules, 
after notice and a period for comment, to carry 
out this paragraph.’’. 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
(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. 
(c) APPLICATION.—The amendment made by sub-
section (a) shall apply beginning on the date that is 90 
days after the date described in subsection (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 notice of the 
filing under this paragraph’’ and inserting the fol-
lowing: 
‘‘(ii)(I) has provided notice of the fil-
ing under this paragraph’’; 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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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-
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 
each nonimmigrant 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) each location at which a 
nonimmigrant 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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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 
U.S.C. 1182(n)(1)) is amended by inserting after subpara-
graph (G) the following new subparagraph: 
‘‘(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. 
‘‘(iii) If the employer, in a previous period 
specified by the Secretary, employed one or 
more H–1B nonimmigrants, the employer shall 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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.’’. 
(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-
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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-
plications for H–1B nonimmigrants employed by an 
employer on the date of the enactment of this Act. 
(3) APPLICATION.—The amendment made by 
this subsection shall apply with respect to an em-
ployer commencing 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. 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(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 
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.’’. 
(f) ENDING
MEDIA
ABUSE
OF
H–1B.—Section 
214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)), as amended by subsection (e), is further amend-
ed by adding at the end the following: 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
‘‘(13) An alien normally classifiable under sec-
tion 101(a)(15)(I) who seeks admission to the 
United States solely as a representative of the for-
eign press, radio, film, or other foreign information 
media, may not be issued a visa or admitted under 
section 101(a)(15)(H)(i) to engage in such voca-
tion.’’. 
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: 
‘‘(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 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
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; 
‘‘(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-
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542
ated United States workers in the area of 
employment, or if the employer does not 
employ and has not recently employed 
more than two such workers, the terms 
and conditions of such employment must 
be commensurate with the terms and con-
ditions applicable to other similarly situ-
ated United States workers in the area of 
employment; and 
‘‘(ii) consistent with section 204(j), if 
the alien changes positions or employers, 
the new position shall be in the same or a 
similar occupational classification as the 
job for which the petition was filed. 
‘‘(B) SPECIAL FILING PROCEDURES.—An 
application for adjustment of status filed by a 
principal alien under this subsection shall be ac-
companied by— 
‘‘(i) a signed letter from the principal 
alien’s current or prospective employer at-
testing that the terms and conditions of 
the alien’s employment are commensurate 
with the terms and conditions of employ-
ment for similarly situated United States 
workers in the area of employment; and 
VerDate Sep 11 2014 
19:41 Dec 13, 2023
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6542.IH
H6542