grant 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 sec-
tion 656.5(a) of title 20, Code of Federal Regula-
tions (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 status 
and in the same order of consideration as such 
principal beneficiary, but such visa shall not be 
counted against the 4,400 immigrant visas re-
served under such subparagraph. 
(3) PER-COUNTRY LEVELS.—For each of the first 
nine fiscal years after the date referred to in sub-
section (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 for-
eign state or dependent area; and 
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(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 Immi-
gration 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 fis-
cal year, the Secretary of State determines that the 
application of paragraphs (1) through (3) would re-
sult in visas made available under paragraph (2) or 
(3) of section 203(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)) going unused in that fis-
cal year, such visas may be allocated during the re-
mainder of such fiscal year without regard to para-
graphs (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. 
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(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 dependent 
areas with the largest aggregate number beneficiaries 
of petitions for an immigrant visa under section 
203(b) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)) that have been approved, but where 
an immigrant visa is not yet available, as determined 
by the Secretary of State, in consultation with the 
Secretary of Homeland Security. 
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 Equal Access to Green cards for 
Legal Employment Act of 2022, 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, 
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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 com-
panies or nonprofit organizations to develop and op-
erate 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 Federal 
Register and in other appropriate media, a notice of the 
date on which the internet website required under section 
212(n)(6) of the Immigration and Nationality Act, as estab-
lished 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); 
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(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 ac-
cept employment under section 214(n), has 
posted on the internet website described in 
paragraph (6), for at least 30 calendar 
days, a description of each position for 
which a nonimmigrant is sought, that in-
cludes— 
‘‘(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; 
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‘‘(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 
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 entity act-
ing on the employer’s behalf, has not advertised 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 non-
immigrant; or 
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‘‘(II) an individual who is or will be an H– 
1B nonimmigrant shall receive priority or a 
preference in the hiring process for such position. 
‘‘(ii) The employer has not primarily recruited 
individuals who are or who will be H–1B non-
immigrants to fill such position. 
‘‘(I) If the employer, in a previous period speci-
fied by the Secretary, employed one or more H–1B 
nonimmigrants, the employer shall submit to the Sec-
retary the Internal Revenue Service Form W–2 Wage 
and Tax Statements filed by the employer with re-
spect to the H–1B nonimmigrants for such period.’’. 
(c) ADDITIONAL REQUIREMENT FOR NEW H–1B PETI-
TIONS.— 
(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 further amended by 
inserting after subparagraph (I), the following: 
‘‘(J)(i) If the employer employs 50 or more em-
ployees in the United States, the sum of the number 
of such employees who are H–1B nonimmigrants 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. 
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‘‘(ii) Any group treated as a single employer 
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 prohibit 
renewal applications or change of employer applica-
tions for H–1B nonimmigrants employed by an em-
ployer 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 promulgate a reg-
ulation that requires applicants under this subsection to 
pay an administrative fee to cover the average paperwork 
processing costs and other administrative costs. 
‘‘(B)(i) Fees collected under this paragraph shall be 
deposited as offsetting receipts within the general fund of 
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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 ex-
pended. 
‘‘(ii) The Secretary of the Treasury shall refund 
amounts in such account to the Secretary of Labor for sala-
ries and related expenses associated with the administra-
tion, oversight, investigation, and enforcement 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 construed 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 unskilled labor if such ad-
mission is not otherwise authorized by law.’’. 
(f) ENDING MEDIA ABUSE OF H–1B.—Section 214(g) 
of the Immigration and Nationality Act (8 U.S.C. 1184(g)), 
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as amended by subsection (e), is further amended by adding 
at the end the following: 
‘‘(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 foreign 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 vocation.’’. 
SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS 
AGAINST H–1B EMPLOYERS. 
(a) INVESTIGATION, WORKING CONDITIONS, AND PEN-
ALTIES.—Section 212(n)(2)(C) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)(2)(C)) is amended by strik-
ing 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 personnel 
action, or intimidating, threatening, restraining, coercing, 
blacklisting, discharging, or discriminating in any other 
manner against an employee because the employee— 
‘‘(aa) disclosed information that the employee reason-
ably believes evidences a violation of this subsection or any 
rule or regulation pertaining to this subsection; or 
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(6) in clause (iv), as so redesignated— 
(A) by striking ‘‘clause (viii)’’ and inserting 
‘‘clause (vi)’’; and 
(B) by striking ‘‘meet a condition described 
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 com-
menced. 
‘‘(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 inves-
tigate or secure compliance by the employer with the re-
quirements of this subsection. 
‘‘(IV) A determination by the Secretary under this 
clause shall not be subject to judicial review.’’; 
(8) in clause (vi), as so redesignated, by striking 
‘‘An investigation’’ in the first sentence and all that 
follows through ‘‘the determination.’’ in the second 
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