[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4567 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4567

   To amend the Immigration and Nationality Act to eliminate the per-
   country numerical limitation for employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2022

Mr. Cramer (for himself and Mr. Hickenlooper) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act to eliminate the per-
   country numerical limitation for employment-based immigrants, to 
  increase the per-country numerical limitation for family-sponsored 
                  immigrants, 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 ``Equal Access to Green cards for 
Legal Employment Act of 2022'' or the ``EAGLE Act of 2022''.

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 to read as follows:
            ``(2) Per country levels for family-sponsored immigrants.--
        Subject to paragraphs (3) and (4), the total number of 
        immigrant visas made available to natives of any single foreign 
        state or dependent 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 dependent area) of the 
        total number of such visas made available under such section in 
        that fiscal year.''.
    (b) Conforming Amendments.--Section 202 of such 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 inserting 
                ``section 203(a)''; and
                    (B) by striking paragraph (5); and
            (2) by amending subsection (e) to read as follows:
    ``(e) Special Rules for Countries at Ceiling.--If 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, 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) Country-Specific Offset.--Section 2 of the Chinese Student 
Protection Act of 1992 (Public Law 102-404; 8 U.S.C. 1255 note) is 
amended--
            (1) in subsection (a), by striking ``(as defined in 
        subsection (e))'';
            (2) by striking subsection (d); and
            (3) by redesignating subsection (e) as subsection (d).
    (d) 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.
    (e) Transition Rules for Employment-Based Immigrants.--
Notwithstanding title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.), the following transition rules shall apply to 
employment-based immigrants, beginning on the date referred to in 
subsection (d):
            (1) Reserved visas for lower admission states.--
                    (A) In general.--For the first nine fiscal years 
                after the date referred to in subsection (d), immigrant 
                visas under each of paragraphs (2) and (3) of section 
                203(b) of the Immigration 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 percent of such 
                        visas.
                    (B) Additional reserved visas for new arrivals.--
                For each of the first nine fiscal years after the date 
                referred to in subsection (d), an additional 5.75 
                percent of the immigrant visas made available under 
                each of paragraphs (2) and (3) of section 203(b) of the 
                Immigration 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 dependent areas with the highest 
                demand for immigrant visas. Such additional visas shall 
                be allocated 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 accompanying or following to 
                        join a principal beneficiary who is in the 
                        United States and has been granted an immigrant 
                        visa or adjustment of status to lawful 
                        permanent residence under paragraph (2) or (3) 
                        of section 203(b) of the Immigration and 
                        Nationality 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 under this 
                        subparagraph exceeds the number of qualified 
                        immigrants described in clause (i), such visas 
                        may also be allocated, for the remainder of the 
                        fiscal year, to individuals (and their family 
                        members described in section 203(d) of the 
                        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)) 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 immediately preceding the filing of 
                        the immigrant 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 number 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 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 occupations.--
                    (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 immigrant 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 immigrants 
                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 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 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 immigrant visas 
                made available under each of paragraphs (2) and (3) of 
                section 203(b) of the Immigration 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 Nationality Act (8 
        U.S.C. 1153(b)) going unused in 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 dependents.--Section 202(b) 
        of the Immigration and Nationality Act (8 U.S.C. 1152(b)) shall 
        apply in determining the foreign state to which an alien is 
        chargeable, 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 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 DEPARTMENT 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 , 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, except that the Secretary may delay the launch of such 
        website for a single period identified by the Secretary by 
        notice in the Federal Register that shall not exceed 30 days.
            ``(B) The Secretary may work with private companies or 
        nonprofit organizations to develop and operate 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 established by subsection (a), will be operational.
    (c) Application.--The amendment made by subsection (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'' and inserting the 
        following:
                    ``(ii)(I) has provided''; and
            (3) by inserting before clause (ii), as redesignated by 
        paragraph (2), the following:
                    ``(i) except in the case of an employer filing a 
                petition on behalf of an H-1B nonimmigrant who has 
                already been counted against the numerical limitations 
                and is not eligible for a full 6-year period, as 
                described 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 
                described in paragraph (6), for at least 30 calendar 
                days, a description of each position for which a 
                nonimmigrant is sought, that includes--
                            ``(I) the occupational classification, 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 position;
                            ``(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 prevailing wage determination methodology used under 
subparagraph (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 subparagraph (G) the following:
            ``(H)(i) The employer, or a person or entity acting 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 nonimmigrant; or
                    ``(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 nonimmigrants to fill such 
        position.
            ``(I) If the employer, in a previous period specified by 
        the Secretary, employed one or more H-1B nonimmigrants, the 
        employer shall 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 Petitions.--
            (1) In general.--Section 212(n)(1) of the Immigration 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 employees 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.
            ``(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 subparagraph (J) of 
        section 212(n)(1) of the Immigration 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 
        applications 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 employer 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 regulation 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 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.
    ``(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 
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 admission 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)), as amended by subsection (e), 
is further amended by adding at the end the following:
    ``(13) An alien normally classifiable under section 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 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 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 reasonably 
        believes evidences a violation of this subsection or any rule 
        or regulation pertaining to this subsection; or
            ``(bb) cooperated or sought to cooperate with the 
        requirements under this subsection or any rule or regulation 
        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 `employee' includes--
            ``(aa) a current employee;
            ``(bb) a former employee; and
            ``(cc) an applicant for employment.''.
    (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 Secretary of Labor with any information contained in 
the materials submitted by employers of H-1B nonimmigrants as part of 
the petition adjudication process that indicates that the employer is 
not complying with visa program requirements for H-1B nonimmigrants.
    ``(ii) The Secretary may initiate and conduct an investigation and 
hearing under this paragraph after receiving information of 
noncompliance 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 matter 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 obviously 
        inaccurate'' and inserting ``, presents clear indicators 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 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 Similarly Employed.--Section 212(n)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended--
            (1) in clause (i), in the undesignated matter following 
        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 geographical area of intended employment, 
                        considering experience, qualifications, 
                        education, job responsibility and function, 
                        specialized knowledge, and other legitimate 
                        business factors, except in a geographical area 
                        there are no such employees, and
                            ``(II) the prevailing wages identified in 
                        clause (ii) reflect the best available 
                        information for the geographical area within 
                        normal commuting distance of the actual address 
                        of employment at which the H-1B nonimmigrant is 
                        or will be employed.''.
    (c) Procedures for Investigation and Disposition.--Section 
212(n)(2)(A) of the Immigration and Nationality 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 occurred.
    ``(II) The Secretary may conduct--
            ``(aa) surveys of the degree to which employers comply with 
        the requirements under this subsection; and
            ``(bb) subject to subclause (IV), annual compliance audits 
        of any employer that employs H-1B nonimmigrants during the 
        applicable calendar 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 public an executive summary or 
        report describing the general findings of the audits conducted 
        under this subclause.
    ``(IV) In the case of an employer subject to an annual compliance 
audit in which there was no finding of a willful failure to meet a 
condition under subparagraph (C)(ii), no further annual compliance 
audit shall be conducted with respect to such employer for a period of 
not less than 4 years, absent evidence of misrepresentation 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;
            (2) in clause (ii), in the first sentence, 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 employer's compliance with 
        the requirements under this subsection.'';
            (3) in clause (iii), by striking the second sentence;
            (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 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 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 
employer with the requirements 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 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 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 
        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 violated a requirement under this subsection, the 
Secretary may impose a penalty pursuant to subparagraph (C).''.

SEC. 7. 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 adding 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 
                        nonimmigrant, other than a nonimmigrant 
                        described in subparagraph (B), (C), (D), or (S) 
                        of section 101(a)(15), section 212(l), or 
                        section 217; and
                            ``(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 adjustment of status under 
        this subsection shall continue to qualify as a child for 
        purposes of the application, 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 authorization.--
                    ``(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 adjustment 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 
                        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 authorized 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 commensurate with the 
                        terms and conditions applicable to the 
                        employer's similarly situated 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 conditions 
                        applicable to other similarly situated 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 is 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 accompanied by--
                            ``(i) a signed letter from the principal 
                        alien's current or prospective employer 
                        attesting that the terms and conditions of the 
                        alien's employment are commensurate with the 
                        terms and conditions of employment for 
                        similarly situated United States workers in the 
                        area of employment; and
                            ``(ii) other information deemed necessary 
                        by the Secretary of Homeland Security to verify 
                        compliance with subparagraph (A).
                    ``(C) Application for employment authorization.--
                            ``(i) In general.--An application for 
                        employment authorization filed by a principal 
                        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 
                                immigrant visa petition remains a bona 
                                fide job offer that the alien intends 
                                to accept upon approval of the 
                                adjustment 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 immigrant 
                                visa petition.
                            ``(ii) Validity.--An employment 
                        authorization document issued to a principal 
                        alien who has filed an application for 
                        adjustment of status under this subsection 
                        shall be valid for three years.
                            ``(iii) Renewal.--Any request by a 
                        principal alien to renew an employment 
                        authorization document associated with such 
                        alien's application for adjustment of status 
                        filed under this subsection shall be 
                        accompanied by the evidence described in 
                        subparagraphs (B) and (C)(i).
            ``(5) Decision.--
                    ``(A) In general.--An adjustment of status 
                application filed under paragraph (1) may not be 
                approved--
                            ``(i) until the date on which an immigrant 
                        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 Portability (or any form 
                associated with section 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 
                adjustment of status and provide the alien the 
                opportunity to submit evidence of compliance.
                    ``(D) Denial.--An application for adjustment of 
                status under this subsection may be denied 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 response 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.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Homeland Security 
                shall charge and collect a fee in the amount of $2,000 
                to process each Confirmation 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 deposited 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) The provisions of this subsection--
                            ``(i) shall apply beginning on the date 
                        that is one year after the date of the 
                        enactment of the ; and
                            ``(ii) except as provided in subparagraph 
                        (B), shall cease to apply as of the date that 
                        is nine years after the date of the enactment 
                        of such Act.
                    ``(B) 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 supervision, and 
                with similar educational backgrounds, industry 
                expertise, employment experience, levels of 
                responsibility, and skill sets as the alien in the same 
                geographic area of employment as the alien.
                    ``(B) The duties, hours, and compensation of the 
                alien are `commensurate' with those offered to United 
                States workers in the same area of employment if the 
                employer can demonstrate that the duties, hours, and 
                compensation are consistent with the range of such 
                terms and conditions the employer has offered or would 
                offer to similarly situated United States employees.''.
    (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 subsection (a)''.
                                 <all>