Title: High-Skilled Integrity and Fairness Act of 2017
Policy area: Immigration

Summary:
High-Skilled Integrity and Fairness Act of 2017
This bill amends the Immigration and Nationality Act to: (1) eliminate the per-country limit for employment-based immigrant visas, and (2) increase the limit for family sponsored visas.
The bill revises: (1) the H-1B nonimmigrant visa (specialty occupation) program, including by revising the definition of "exempt H-1B nonimmigrant"; and (2) the computation of prevailing wage level for purposes of occupational classification.
The bill provides that H-1B visas will be allocated on a three-tiered wage-based system if H-1B visa petitions exceed the number of visas available for a fiscal year.
An employer may not reduce H-1B wages, except for taxes, garnishments, or under a collective bargaining agreement or where otherwise customary.
The bill reserves 20% of fiscal year H-1B visas for employers with 50 or fewer full-time employees, including parent, subsidiary, and other affiliated entities.
The bill authorizes dual intent for F-1 visa foreign students. (Dual intent is an immigration concept that allows aliens to be temporarily present in the United States with nonimmigrant status and immigrant intent.)
Students may use work experience as qualifying labor certification experience.
An amended H-1B petition shall not be required where a petitioner has a valid labor condition application for a new place of employment that has terms and conditions of employment that are the same as the previous place of employment.
The receipt of information from an employer for H-1B hiring purposes shall not be considered to be the receipt of information for purposes of determining employer compliance with labor condition requirements.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 670 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 670

 To amend the Immigration and Nationality Act to reform the H-1B visa 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2017

 Ms. Lofgren introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to reform the H-1B visa 
                    program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High-Skilled Integrity and Fairness 
Act of 2017''.

SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``and employment-
        based'';
            (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 203'' 
        and inserting ``section 203(a)'';
            (4) by striking ``7'' and inserting ``15''; and
            (5) by striking ``such subsections'' and inserting ``such 
        section''.
    (b) Conforming Amendments.--Section 202 of the Immigration and 
Nationality Act (8 U.S.C. 1152) is amended--
            (1) in subsection (a)(3), by striking ``both subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) by striking subsection (a)(5); and
            (3) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If it is determined 
that the total number of immigrant visas made available 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, in determining the allotment of immigrant visa numbers to 
natives under section 203(a), visa numbers with respect to natives of 
that state or area shall be allocated (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 
visa numbers made available under each of paragraphs (1) through (4) of 
section 203(a) is equal to the ratio of the total number of visas made 
available under the respective paragraph to the total number of visas 
made available under section 203(a).''.
    (c) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
            (1) in subsection (a), by striking ``subsection (e))'' and 
        inserting ``subsection (d))''; and
            (2) by striking subsection (d) and redesignating subsection 
        (e) as subsection (d).
    (d) Effective Date.--The amendments made by this section shall take 
effect as if enacted on September 30, 2016, and shall apply to fiscal 
years beginning with fiscal year 2017.
    (e) Transition Rules for Employment-Based Immigrants.--
            (1) In general.--Subject to the succeeding paragraphs of 
        this subsection and notwithstanding title II of the Immigration 
        and Nationality Act (8 U.S.C. 1151 et seq.), the following 
        rules shall apply:
                    (A) For fiscal year 2017, 15 percent of the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2011 under such paragraphs.
                    (B) For fiscal year 2018, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2012 under such paragraphs.
                    (C) For fiscal year 2019, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2015 under such paragraphs.
            (2) Per-country levels.--
                    (A) Reserved visas.--With respect to the visas 
                reserved under each of subparagraphs (A) through (C) of 
                paragraph (1), the number of such visas made available 
                to natives of any single foreign state or dependent 
                area in the appropriate fiscal year may not exceed 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 such visas.
                    (B) Unreserved visas.--With respect to the 
                immigrant visas made available under each of paragraphs 
                (2) and (3) of section 203(b) of such Act (8 U.S.C. 
                1153(b)) and not reserved under paragraph (1), for each 
                of fiscal years 2017, 2018, and 2019, not more than 85 
                percent shall be allotted to immigrants who are natives 
                of any single foreign state.
            (3) Special rule to prevent unused visas.--If, with respect 
        to fiscal year 2017, 2018, or 2019, the operation of paragraphs 
        (1) and (2) of this subsection would prevent the total number 
        of immigrant visas made available under paragraph (2) or (3) of 
        section 203(b) of such Act (8 U.S.C. 1153(b)) from being 
        issued, such visas may be issued during the remainder of such 
        fiscal year without regard to paragraphs (1) and (2) of this 
        subsection.
            (4) Rules for chargeability.--Section 202(b) of such Act (8 
        U.S.C. 1152(b)) shall apply in determining the foreign state to 
        which an alien is chargeable for purposes of this subsection.

SEC. 3. STRENGTHENING INTEGRITY IN THE H-1B PROGRAM.

    Section 212(n)(3)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(3)(B)(i)) is amended by striking all that follows after 
``means an H-1B nonimmigrant'' and inserting the following: ``, in any 
occupation, who receives wages (calculated such that non-discretionary 
cash bonuses, incentive payments, non-cash bonuses, and similar 
compensation may be considered wages and will be applied based on their 
fair market value at the time the employer files the petition, and no 
wages may come from any form of discretionary compensation) at an 
annual rate equal to at least 35 percentile points more than the median 
wage for the most recent national annual wage estimates for Computer 
and Mathematical Occupations (Group 15-0000) (or any successor group, 
as designated by the Secretary of Labor) as published in the 
Occupational Employment Statistics by the Secretary of Labor; and''.

SEC. 4. TRANSPARENCY FOR AND PROHIBITING PENALTIES AGAINST FOREIGN 
              HIGH-SKILLED WORKERS.

    (a) Immigration Documents.--Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following:
    ``(m) Employer To Provide Immigration Documentation.--
            ``(1) In general.--Not later than 30 calendar days after 
        receiving a written request from a beneficiary, a petitioner 
        shall provide any current or former employee currently or 
        previously described in section 101(a)(15)(H) or (L) with an 
        accurate, legible copy of the nonimmigrant petition that was 
        filed by the petitioner and that named the requestor as a 
        beneficiary, along with a copy of any receipt notice, approval 
        notice, or denial notice related to such petition.
            ``(2) Withholding of information.--If a document required 
        to be provided under paragraph (1) includes any confidential or 
        sensitive business information, the employer may redact or 
        withhold such information from the requestor.
            ``(3) Timeframe.--Any request under this subsection shall 
        be submitted to the petitioner not later than 3 years after the 
        date on which the nonimmigrant petition for status under 
        section 101(a)(15)(H) or (L) was filed.
            ``(4) Penalty.--If the Secretary of Labor finds, after 
        notice and opportunity for a hearing, a knowing failure to meet 
        a condition of this subsection or a knowing misrepresentation 
        of material fact--
                    ``(A) the Secretary of Labor shall notify the 
                Attorney General of such finding and may, in addition, 
                impose such administrative remedies (including civil 
                monetary penalties in an amount not to exceed $5,000 
                per violation) as the Secretary determines to be 
                appropriate; and
                    ``(B) the Secretary shall not approve petitions 
                filed with respect to that employer under section 204 
                or 214(c) during a period of at least 2 years for 
                aliens to be employed by the employer.''.
    (b) Liquidated Damages Prohibited.--Section 212(n)(2)(C)(vi)(I) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(vi)(I)) is 
amended by striking all that follows after ``a violation of this 
clause'' and inserting the following: ``for an employer who has filed 
an application under this subsection to require an H-1B nonimmigrant to 
pay a penalty or liquidated damages for ceasing employment with the 
employer prior to a date agreed to by the nonimmigrant and the 
employer.''.

SEC. 5. STRENGTHENING THE PREVAILING WAGE SYSTEM TO PROTECT AMERICAN 
              WORKERS.

    Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 
1182(p)) is amended to read as follows:
    ``(p) Computation of Prevailing Wage Level.--
            ``(1) The Secretary of Labor shall make available to 
        employers a governmental survey to determine the prevailing 
        wage for each occupational classification by metropolitan 
        statistical area in the United States. Such survey, or other 
        survey approved by the Secretary of Labor, shall provide 3 
        levels of wages commensurate with experience, education, and 
        level of supervision. Such wage levels shall be determined as 
        follows:
                    ``(A) The first level shall be the mean of the 
                lowest two-thirds of wages surveyed, but in no case 
                less than 80 percent of the mean of the wages surveyed.
                    ``(B) The second level shall be the mean of wages 
                surveyed.
                    ``(C) The third level shall be the mean of the 
                highest two-thirds of wages surveyed.
            ``(2) The prevailing wage level required to be paid 
        pursuant to section 203(b)(1)(D) and subsections (a)(5)(A), 
        (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section shall be 
        100 percent of the wage level determined pursuant to those 
        sections.
            ``(3) In computing the prevailing wage level for an 
        occupational classification in an area of employment for 
        purposes of section 203(b)(1)(D) and subsections (a)(5)(A), 
        (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section in the 
        case of an employee of--
                    ``(A) an institution of higher education, or a 
                related or affiliated nonprofit entity, or
                    ``(B) a nonprofit research organization or a 
                Governmental research organization,
        the prevailing wage level shall only take into account 
        employees at such institutions and organizations in the area of 
        employment.
            ``(4) With respect to a professional athlete (as defined in 
        subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
        covered by professional sports league rules or regulations, the 
        wage set forth in those rules or regulations shall be 
        considered as not adversely affecting the wages of United 
        States workers similarly employed and be considered the 
        prevailing wage.''.

SEC. 6. MARKET-BASED H-1B VISA AND STATUS ALLOCATION.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(3)), is amended--
            (1) by striking the first sentence and inserting the 
        following:
                    ``(A) Subject to subparagraph (B), aliens who are 
                subject to the numerical limitations under paragraph 
                (1)(A) shall be issued visas, or otherwise provided 
                nonimmigrant status in a manner and order established 
                by the Secretary by regulation. If for a fiscal year 
                petitions are filed seeking a number of nonimmigrant 
                workers under section 101(a)(15)(H)(i)(b) that exceeds 
                the numerical limitation set out in paragraph (1)(A) 
                for such fiscal year, the Secretary of Homeland 
                Security shall allocate the available visas for the 
                petitions seeking such worker in accordance with 
                subparagraph (B).''; and
            (2) by adding at the end the following:
                    ``(B) If for a fiscal year petitions are filed 
                seeking a number of nonimmigrant workers under section 
                101(a)(15)(H)(i)(b) that exceeds the numerical 
                limitation set out in paragraph (1)(A) for such fiscal 
                year, the Secretary shall consider and approve 
                petitions for a visa or nonimmigrant status under 
                section 101(a)(15)(H)(i)(b) in accordance with the 
                following:
                            ``(i) first, if the petitioner certifies 
                        that the prevailing wage level for the position 
                        is level 3 (or successor wage level) and the 
                        nonimmigrant will receive wages (calculated 
                        such that non-discretionary cash bonuses, 
                        incentive payments, non-cash bonuses, and 
                        similar compensation may be considered wages 
                        and will be applied based on their fair market 
                        value at the time the employer files the 
                        petition, and no wages may come from any form 
                        of discretionary compensation) greater than or 
                        equal to 200 percent of the level 3 prevailing 
                        wage as published by the Secretary of Labor for 
                        an occupational classification in the area of 
                        employment at the time of filing the 
                        application, then 150 percent, then 100 
                        percent;
                            ``(ii) then, if the petitioner certifies 
                        that the prevailing wage level for the position 
                        is level 2 (or successor wage level) and the 
                        nonimmigrant will receive wages (calculated 
                        such that non-discretionary cash bonuses, 
                        incentive payments, non-cash bonuses, and 
                        similar compensation may be considered wages 
                        and will be applied based on their fair market 
                        value at the time the employer files the 
                        petition, and no wages may come from any form 
                        of discretionary compensation) greater than or 
                        equal to 200 percent of the level 2 prevailing 
                        wage as published by the Secretary of Labor for 
                        an occupational classification in the area of 
                        employment at the time of filing the 
                        application, then 150 percent, then 100 
                        percent; and
                            ``(iii) then, if the petitioner certifies 
                        that the prevailing wage level for the position 
                        is level 1 (or successor wage level) and the 
                        nonimmigrant will receive wages (calculated 
                        such that non-discretionary cash bonuses, 
                        incentive payments, non-cash bonuses, and 
                        similar compensation may be considered wages 
                        and will be applied based on their fair market 
                        value at the time the employer files the 
                        petition, and no wages may come from any form 
                        of discretionary compensation) greater than or 
                        equal to 200 percent of the level 1 prevailing 
                        wage as published by the Secretary of Labor for 
                        an occupational classification in the area of 
                        employment at the time of filing the 
                        application, then 150 percent, then 100 
                        percent.
                    ``(C) The employer may not reduce the H-1B 
                nonimmigrant's wages, regardless of whether the 
                deduction is in accordance with a voluntary 
                authorization by the H-1B nonimmigrant, except for 
                Federal, State, and local taxes and lawful 
                garnishments. An employer may also reduce an H-1B 
                nonimmigrant's wages if the deduction is authorized by 
                a collective bargaining agreement or is reasonable and 
                customary in the occupation and/or area of employment, 
                including deductions for health, life, disability and 
                other insurance plans; retirement and savings plans; 
                and union dues.
                    ``(D) The employer may no longer employ the H-1B 
                nonimmigrant described in subparagraph (B) if the H-1B 
                nonimmigrant's wages (calculated such that non-
                discretionary cash bonuses, incentive payments, non-
                cash bonuses, and similar compensation may be 
                considered wages and will be applied based on their 
                fair market value at the time the employer files the 
                petition, and no wages may come from any form of 
                discretionary compensation) are reduced below the level 
                identified in clauses (i), (ii), and (iii) of 
                subparagraph (B).
                    ``(E) If the H-1B nonimmigrant described in 
                subparagraph (B) receives wages (calculated such that 
                non-discretionary cash bonuses, incentive payments, 
                non-cash bonuses, and similar compensation may be 
                considered wages and will be applied based on their 
                fair market value at the time the employer files the 
                petition, and no wages may come from any form of 
                discretionary compensation) for services rendered on 
                behalf of the employer for 30 calendar days or more, 
                including partial days, in any area of employment other 
                than area of employment indicated at the time of filing 
                the application, the employer shall pay the H-1B 
                nonimmigrant wages at the level identified in clauses 
                (i), (ii), and (iii) based on the prevailing wage of 
                the area of employment with the highest prevailing 
                wage.
                    ``(F) If the Secretary of Labor finds, after notice 
                and opportunity for a hearing, a knowing failure to 
                meet a condition of subparagraph (C), (D), or (E) or a 
                knowing misrepresentation of material fact--
                            ``(i) the Secretary shall notify the 
                        Attorney General of such finding and may, in 
                        addition, impose such administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $5,000 per violation) as 
                        the Secretary determines to be appropriate;
                            ``(ii) after the first offense, the 
                        Secretary shall not approve petitions filed 
                        with respect to that employer, including 
                        parent, subsidiary, and other affiliated 
                        entities, under section 204 or 214(c) during a 
                        period of at least 2 years for aliens to be 
                        employed by the employer; and
                            ``(iii) after the second offense, the 
                        Secretary shall not approve any petitions filed 
                        with respect to that employer, including 
                        parent, subsidiary, and other affiliated 
                        entities, under section 204 or 214(c).''.

SEC. 7. VISAS RESERVED FOR SMALL AND START-UP EMPLOYERS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)), as amended by this Act, is further amended by adding at the 
end the following:
            ``(12) The numerical limitations of paragraph (1)(A) shall 
        be allocated for a fiscal year so that 20 percent of the number 
        of aliens who may receive visas or nonimmigrant status subject 
        to such numerical limitations shall be reserved for employers 
        with 50 or fewer full-time employees, including parent, 
        subsidiary, and other affiliated entities. Petitions filed 
        under this subsection must include an attestation from the 
        petitioning employer that the beneficiary will not be placed 
        for more than 30 days at a third party worksite. If the 
        Secretary determines, after notice and opportunity for a 
        hearing, a misrepresentation of material fact in the 
        attestation or action by the petitioning employer in 
        contravention to this attestation, paragraph (3)(F) applies and 
        the petitioning employer may be punished in the same manner as 
        a violation punishable under such paragraph. In a fiscal year, 
        any visa or nonimmigrant status reserved under this paragraph 
        that is not used by the end of the third quarter of that fiscal 
        year may be issued to an alien who is eligible for such visa or 
        nonimmigrant status. In the case of an alien receiving a visa 
        or nonimmigrant status under this paragraph, paragraph (3)(B) 
        does not apply, unless for a fiscal year the number of 
        petitions seeking visas or nonimmigrant status under this 
        paragraph received during the first 10 business days that 
        petitions may be filed exceeds 20 percent of all petitions 
        subject to the numerical limitations of paragraph (1)(A).''.

SEC. 8. REMOVING VISA HURDLES FOR STUDENTS.

    (a) Dual Intent.--Section 101(a)(15)(F)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking 
``an alien having a residence in a foreign country which he has no 
intention of abandoning, who is a bona fide student qualified to pursue 
a full course of study and who'' and inserting ``an alien who is a bona 
fide student qualified to pursue a full course of study, who (except 
for a student qualified to pursue a full course of study at an 
institution of higher education) has a residence in a foreign country 
which the alien has no intention of abandoning, and who''.
    (b) Students Allowed To Use Employment for Purposes of Labor 
Certification.--In making a certification under section 212(a)(5) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), the 
Secretary of Labor shall consider any experience the alien beneficiary 
gained as a nonimmigrant described in section 101(a)(15)(F) as 
qualifying experience for purposes of meeting the actual minimum 
requirements for the job for which the certification is sought.
    (c) Employment Authorization; Extended Validity of Petition.--
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is 
amended in subsection (j)--
            (1) in the heading for such subsection, by striking 
        ``Applicants for'' and inserting ``Applicants Seeking'';
            (2) by striking ``subsection (a)(1)(D)'' and inserting 
        ``subsection (a)(1)(F)'';
            (3) by redesignating the text of such subsection as 
        paragraph (1); and
            (4) by adding at the end the following:
            ``(2) Changes in employers; eligibility for employment 
        authorization.--
                    ``(A) Petition to remain valid for change in 
                jobs.--A petition under subsection (a)(1)(F) that has 
                been approved for 180 days or more shall remain valid 
                with respect to a new job if the individual changes 
                jobs or employers if the new job is in the same or a 
                similar occupational classification as the job for 
                which the petition was filed.
                    ``(B) Eligibility for employment authorization.--An 
                individual who has a petition under subsection 
                (a)(1)(F) that has been approved for 180 days or more 
                shall be eligible to apply for travel authorization and 
                employment authorization in the same or a similar 
                occupational classification as the job for which the 
                petition was filed until such time as the application 
                under section 245 has been filed.''.
    (d) Conforming Amendments.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended--
            (1) in subsection (b), by striking ``(other than a 
        nonimmigrant'' and inserting ``(other than a nonimmigrant 
        described in section 101(a)(15)(E)(iii), other than a 
        nonimmigrant described in section 101(a)(15)(F) if the alien is 
        qualified to pursue a full course of study at an institution of 
        higher education, other than a nonimmigrant described in 
        section 101(a)(15)(H)(i)(b1), other than a nonimmigrant 
        described in section 101(a)(15)(O)(i), other than a 
        nonimmigrant described in section 101(a)(15)(P), other than an 
        alien admitted under subsection (e) of this section, other than 
        a nonimmigrant''; and
            (2) in subsection (h)--
                    (A) by inserting ``(E)(iii), (F) (if the alien is 
                qualified to pursue a full course of study at an 
                institution of higher education), (H)(i)(b1),'' before 
                ``H(i)(b)'';
                    (B) by inserting after ``(L),'' the following 
                ``(O)(i), (P),''; and
                    (C) by inserting after ``or (V) of section 
                101(a)(15)'' the following: ``, for purposes of 
                admission under subsection (e) of this section,''.

SEC. 9. REMOVING PAPERWORK BURDENS.

    Section 214(c)(10) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(10)) is amended by striking the period at the end and inserting 
``, or where the nonimmigrant worker begins working at a place of 
employment where the petitioner has secured a valid, certified Labor 
Condition Application for the new place of employment and where the 
terms and conditions of employment remain otherwise the same.''.

SEC. 10. REMOVAL OF LIMITATION ON CONSIDERATION OF CERTAIN INFORMATION 
              RECEIVED.

    Section 212(n)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(G)) is amended by striking clause (v), and 
redesignating clauses (vi) through (viii) as clauses (v) through (vii), 
respectively.
                                 <all>