[House Report 117-353]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 2nd Session   }                                          { 117-353

======================================================================
 
      EQUAL ACCESS TO GREEN CARDS FOR LEGAL EMPLOYMENT ACT OF 2022

                                _______
                                

  June 7, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3648]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3648) 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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     9
Background and Need for the Legislation..........................    10
Hearings.........................................................    13
Committee Consideration..........................................    14
Committee Votes..................................................    14
Committee Oversight Findings.....................................    20
Committee Estimate of Budgetary Effects..........................    20
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    20
Duplication of Federal Programs..................................    20
Performance Goals and Objectives.................................    20
Advisory on Earmarks.............................................    20
Section-by-Section Analysis......................................    20
Changes in Existing Law Made by the Bill, as Reported............    25
Minority Views...................................................   116

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 (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 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, 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 new subparagraph:
          ``(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 Equal Access to Green cards for Legal 
                        Employment Act of 2022; 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)''.

                          Purpose and Summary

    H.R. 3648 is a bipartisan bill that would (1) raise the 
per-country caps on family-sponsored immigrant visas from 7 
percent to 15 percent; (2) eliminate the per-country caps on 
employment-based immigrant visas with a 9-year transition 
period for the employment-based second and third preference 
categories; (3) temporarily allow the beneficiaries of certain 
employment-based immigration petitions to file for adjustment 
of status even if an immigrant visa is not immediately 
available to them; and (4) implement reforms for the H-1B 
nonimmigrant visa program.

                Background and Need for the Legislation

    The Immigration and Nationality Act (INA) sets forth the 
basic structure of current immigration law, including a 
``preference system'' for the distribution of immigrant visas. 
This structure was established in 1952, when Congress passed 
the McCarran-Walter Act.\1\ In 1965, the INA was updated to 
replace the national origin quotas of the 1952 Act with 
hemispheric quotas (per-country caps).\2\ Twenty-five years 
later, the Immigration Act of 1990 substantially changed the 
preference system to reflect the evolution of the nation's 
economic needs since the mid-20th century.\3\ This is the last 
time significant revisions to the legal immigration framework 
have been enacted.
---------------------------------------------------------------------------
    \1\Pub. L. No. 82-414 (June 27, 1952).
    \2\Pub. L. No. 89-236 (Oct. 3, 1965).
    \3\Pub. L. No. 101-649 (Nov. 29, 1990).
---------------------------------------------------------------------------
            1. Worldwide Immigration Levels
    The INA establishes a worldwide limit on the number of 
immigrants who may receive legal permanent resident status each 
year.\4\ The INA also lists the categories of individuals who 
are exempt from these numerical limitations.\5\ These include 
``immediate relatives''--spouses and children of U.S. citizens 
and parents of adult (age 21 or older) U.S. citizens.\6\ The 
annual worldwide immigrant level includes: (1) 480,000 family-
sponsored immigrants;\7\ (2) 140,000 employment-based 
immigrants;\8\ and (3) 55,000 diversity immigrants.\9\
---------------------------------------------------------------------------
    \4\See INA Sec. 201.
    \5\See INA Sec. 201(b).
    \6\Id.
    \7\INA Sec. 201(c).
    \8\INA Sec. 201(d).
    \9\INA Sec. 201(e).
---------------------------------------------------------------------------
    For employment-based immigrants, the annual limit can be 
increased by the amount of unused family-sponsored immigrant 
visas from the prior fiscal year.\10\ For family-sponsored 
immigrant visas, the annual limit is calculated as follows: 
480,000 (the total family-sponsored immigration level), minus 
the number of immediate relatives granted Legal Permanent 
Resident (LPR) status in the prior fiscal year, plus the number 
of unused employment-based immigrant visas from the prior 
fiscal year.\11\ Additionally, the annual limit of family-
sponsored immigrant visas may not fall below 226,000.\12\ Given 
the high number of immediate relatives granted LPR status each 
fiscal year, the annual limit of family-sponsored immigrant 
visas since 2001 has been 226,000.\13\
---------------------------------------------------------------------------
    \10\INA Sec. 201(d).
    \11\INA Sec. 201(c)
    \12\INA Sec. 201(c)(1)(B)(ii).
    \13\See Primer on U.S. Immigration Policy, Congressional Research 
Service (July 1, 2021), https://www.crs.gov/reports/pdf/R45020.
---------------------------------------------------------------------------
            2. Family-Sponsored and Employment-Based Preference 
                    Categories
    The family-sponsored and employment-based immigrant visas 
that are available each year are broken down into preference 
categories. The family-sponsored preference categories are 
based on the nature of an applicant's relationship to a U.S. 
citizen or LPR, while the employment-based preference 
categories are based on the applicant's skills and the nature 
of their employment.
    Family-Sponsored (F) Immigration: The 226,000 family-
sponsored immigrant visas that are available each year are 
allocated as follows:\14\
---------------------------------------------------------------------------
    \14\See INA Sec. 203(a).

------------------------------------------------------------------------
 
------------------------------------------------------------------------
         Family-Sponsored Preference Immigrants                Numerical
                                                                  Limit
F-1...............................  Unmarried adult               23,400
                                     children of U.S.
                                     citizens.
F-2...............................  2A: Spouses and              114,200
                                     minor children of
                                     LPRs.
                                    2B: Unmarried adult   ..............
                                     children of LPRs.
F-3...............................  Married adult                 23,400
                                     children of U.S.
                                     citizens.
F-4...............................  Siblings of adult             65,000
                                     U.S. citizens.
------------------------------------------------------------------------

    Employment-Based (EB) Immigration: The 140,000 employment-
based immigrant visas that are available each year are 
allocated as follows:\15\
---------------------------------------------------------------------------
    \15\See INA Sec. 203(b).

------------------------------------------------------------------------
 
------------------------------------------------------------------------
         Employment-Based Preference Immigrants                Numerical
                                                                  Limit
EB-1..............................  Foreign nationals of          40,040
                                     ``extraordinary
                                     ability,''
                                     outstanding
                                     professors and
                                     researchers, and
                                     multinational
                                     executives and
                                     managers.
EB-2..............................  Foreign nationals             40,040
                                     who hold advanced
                                     degrees or
                                     demonstrate
                                     ``exceptional
                                     ability''.
EB-3..............................  Professional                  40,040
                                     workers, skilled
                                     workers, and other
                                     workers.
EB-4..............................  Special immigrants             9,940
                                     including religious
                                     workers,
                                     international
                                     organization
                                     employees, and
                                     others such as
                                     Special Immigrant
                                     Juveniles.
EB-5..............................  Immigrant investors.           9,940
------------------------------------------------------------------------

            3. Per Country Caps
    In addition to the worldwide numerical limitations, the INA 
limits the number of immigrant visas that can be made available 
each fiscal year to natives of any single foreign state or 
dependent area to 7 percent and 2 percent, respectively.\16\ 
The Department of State is charged with monitoring demand and 
determining when immigrant visas become available to intending 
immigrants based on their preference category, their country of 
origin, and their ``priority date''--or the date that they 
started the process for seeking LPR status.\17\ A foreign 
national cannot apply for a green card until an immigrant visa 
is available to them. Over time, the worldwide limitations, 
combined with the per-country caps, have created significant 
backlogs in the immigrant visa system, particularly for 
individuals from high-demand countries such as India, China, 
and Mexico.
---------------------------------------------------------------------------
    \16\INA Sec. 202(a).
    \17\For family-sponsored immigrants and some employment-based 
immigrants, the priority date is the date the immigrant visa petition 
is filed. For employment-based immigrants applying under a category 
that requires a certification from the Department of Labor that no 
qualified, willing, and able U.S. workers are available to fill the 
underlying job, the priority date is the date the application for such 
a certification is filed.
---------------------------------------------------------------------------
            4. Immigrant Visa Backlogs
    Today, there are approximately four million family-
sponsored immigrants believed to be waiting in the immigrant 
visa backlog.\18\ It is estimated that nearly 1.6 million of 
those waiting will die before they receive green cards.\19\ 
Foreign nationals from Mexico account for approximately 60 
percent of that group.\20\ According to the Visa Bulletin, a 
Mexican national who is the beneficiary of a family-sponsored 
immigrant visa petition for classification as the unmarried 
daughter of a U.S. citizen that was filed before January 1, 
2000--nearly 20 years ago--is now eligible to receive an 
immigrant visa in April 2022.\21\
---------------------------------------------------------------------------
    \18\Jeanne Batalova, Mary Hanna, and Christopher Levesque, 
Frequently Requested Statistics on Immigrants and Immigration in the 
United States, Migration Policy Institute (Feb. 2021), https://
www.migrationpolicy.org/article/frequently-requested-statistics-
immigrants-and-immigration-united-states-2020#visa-backlog.
    \19\David Bier, 1.6 Million Family Sponsored Immigrants Will Die 
Before They Can Immigrate (March 10, 2022), https://www.cato.org/blog/
16-million-family-sponsored-immigrants-will-die-they-can-immigrate.
    \20\Id.
    \21\Department of State, Visa Bulletin for April 2022, https://
travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/
visa-bulletin-for-april-2022.html.
---------------------------------------------------------------------------
    Likewise, almost 1 million foreign nationals have approved 
employment-based immigrant petitions and are stuck in the 
immigrant visa backlog along with their family members.\22\ 
Approximately 200,000 of those are foreign nationals from India 
who will likely die before they receive their green cards.\23\ 
The Congressional Research Service estimates that an Indian 
national whose EB-2 immigrant petition was approved in 2021 
will have to wait more than 189 years to receive a green 
card.\24\
---------------------------------------------------------------------------
    \22\The Employment-Based Immigration Backlog, Congressional 
Research Service (March 26, 2020), https://www.crs.gov/Reports/R46291.
    \23\David Bier, 1.4 Million Skilled Immigrants in Employment Based 
Green Card Backlogs in 2021 (March 8, 2022), https://www.cato.org/blog/
14-million-skilled-immigrants-employment-based-green-card-backlogs-
2021.
    \24\Current and Projected Employment- and Family-Based Immigrant 
Backlogs and Green Card Wait Times, Cong. Research Service (Feb. 23, 
2021), on file with House Committee on the Judiciary.
---------------------------------------------------------------------------
    Many foreign nationals stuck in the employment-based 
immigrant visa backlog already reside and work lawfully in the 
United States in temporary nonimmigrant visa status. However, 
they experience significant hardships because of their 
temporary status. These prospective immigrants cannot easily 
switch jobs, which can subject them to exploitative work 
conditions. Additionally, their nonimmigrant visa status must 
be periodically renewed, and they are often required to obtain 
a new visa before they can reenter the United States after 
international travel.
    The immigrant visa backlog also has a significant impact on 
the spouses and children of these prospective immigrants. 
Spouses who do not themselves qualify for an employment-based 
nonimmigrant visa may have difficulty obtaining work 
authorization. Additionally, if the child of a prospective 
employment-based immigrant reaches the age of 21 before a visa 
becomes available, they ``age out'' of dependent status and 
must independently qualify for a nonimmigrant visa to remain 
with their families in the United States or face returning to 
their home country.
            5. H-1B Nonimmigrant Visas
    In addition to the immigrant visas which provide legal 
permanent resident status, there are several temporary or 
``nonimmigrant'' visa categories that allow foreign nationals 
to come to the United States for limited periods of time and 
for specific purposes. The H-1B is a nonimmigrant visa that 
allows foreign nationals to work in the United States in 
specialty occupations.\25\ A specialty occupation is one that 
requires the application of a body of highly specialized 
knowledge and the attainment of at least a bachelor's degree or 
its equivalent.\26\ While H-1B status is valid for a maximum of 
six years,\27\ there are exceptions for foreign nationals who 
have an approved employment-based immigrant petition but cannot 
become legal permanent residents due to the per-country 
limits.\28\ The H-1B category is capped at 65,000 visas 
annually, plus an additional 20,000 visas for graduates of U.S. 
master's and higher degree programs.\29\
---------------------------------------------------------------------------
    \25\INA Sec. 101(a)(15)(H)(i)(b).
    \26\INA Sec. 214(i).
    \27\INA Sec. 214(g)(4).
    \28\American Competitiveness in the Twenty-First Century Act, Pub. 
L. No. 106-313, Sec. Sec. 104(c) and 106(a) (2000).
    \29\INA Sec. Sec. 214(g)(1)(A) and (5)(C).
---------------------------------------------------------------------------
    Employers seeking H-1B workers must first file a labor 
condition attestation with the Department of Labor (DOL). Among 
other things, the employer must attest that it will pay wages 
to H-1B workers that are the higher of: (1) the actual wage 
level paid by the employer to all other individuals with 
similar experience and qualifications for the specific 
employment in question, or (2) the prevailing wage level for 
the occupational classification in the geographic area of 
employment.\30\ The DOL currently provides four prevailing wage 
levels (based on government surveys) that are intended to 
account for discrepancies in experience, education, and level 
of supervision within the occupational classification.\31\ The 
employer must also attest that it will provide working 
conditions for H-1B workers that will not adversely affect 
those of workers similarly employed.\32\
---------------------------------------------------------------------------
    \30\INA Sec. 212(n)(1)(A)(i).
    \31\INA Sec. 212(p)(4).
    \32\INA Sec. 212(n)(1)(A)(ii).
---------------------------------------------------------------------------
    Critics of the H-1B nonimmigrant visa--including certain 
academics and labor unions representing high-skilled U.S. 
workers--allege that the H-1B program is often used to replace 
U.S. workers--with H-1B workers at lower wages. For example, in 
2014, the H-1B program was implicated when Southern California 
Edison (a utility company) laid off approximately 400 IT 
workers and Disney terminated about 250 of its IT workers after 
contracting with Indian-based IT outsourcing firms. In 
contrast, many businesses and industry organizations argue that 
they use the H-1B program to fill critical skills shortages and 
that H-1B nonimmigrant visas are essential to the 
competitiveness and growth of the U.S. technology sector.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearings were used to develop H.R. 3648:
    On February 11, 2021, the Subcommittee on Immigration and 
Citizenship held a hearing titled, ``The U.S. Immigration 
System: The Need for Bold Reforms.'' The Subcommittee heard 
testimony from: Marielena Hincapie, Executive Director, 
National Immigration Law Center; Jennifer Hunt, Professor of 
Economics, Rutgers University; John Lettieri, President and 
CEO, Economic Innovation Group; and Peter Kirsanow, Partner, 
Benesch, Friedlander, Coplan, Aronoff LLP.
    On April 28, 2021, the Subcommittee on Immigration and 
Citizenship held a hearing titled, ``Why Don't They Just Get in 
Line? Barriers to Legal Immigration.''. The Subcommittee heard 
testimony from: David J. Bier, Research Fellow, Cato Institute; 
John C. Yang, President and Executive Director, Asian Americans 
Advancing Justice | AAJC; Pareen Mhatre, Iowa City, I.A.; and 
Robert Law, Director of Regulatory Affairs and Policy, Center 
for Immigration Studies.
    The hearings explored the current legal immigration 
backlogs, the per country caps, and reforms to the H-1B visa 
program.

                        Committee Consideration

    On April 6, 2022, the Committee met in open session and 
ordered the bill, H.R. 3648, favorably reported with an 
amendment in the nature of a substitute, by a rollcall vote of 
22 to 14, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 3648:
    1. An amendment by Mr. Tiffany to deny the issuance of H-1B 
visas to individuals from a foreign country whose government 
denies or unreasonably delays accepting nationals who the 
Secretary of Homeland Security asks that country to accept, was 
defeated by a rollcall vote of 14 to 23. The vote was as 
follows:


    2. An amendment by Mr. Bishop to deny the issuance of H-1B 
visas to any individuals who is affiliated with, or is a member 
of, the Chinese Communist Party, was defeated by a rollcall 
vote of 14 to 23. The vote was as follows:


    3. The motion to report H.R. 3648, as amended, favorably 
was agreed to by a rollcall vote of 22 to 14. The vote was as 
follows:


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this bill.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 3648 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 3648 would raise the per-country caps on 
family-sponsored immigrant visas from 7 percent to 15 percent 
and eliminate the per-country caps on employment-based 
immigrant visas with a 9-year transition period for second and 
third preference categories. Over time, this will standardize 
employment-based backlog times based on date of application 
rather than national origin. The bill would temporarily allow 
the beneficiaries of certain employment-based immigration 
petitions to file for adjustment of status even if an immigrant 
visa is not immediately available to them, allowing for relief 
while waiting in the visa backlog. Finally, the bill will 
implement reforms to the H-1B nonimmigrant visa program.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 3648 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Sets forth the short title of the bill 
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.
           Eliminates the ``per country'' limitation on 
        employment-based immigrant visas and raises it from 7 
        percent to 15 percent for family-sponsored immigrant 
        visas.
           Restores 1,000 employment-based visas per 
        fiscal year that have been set aside for applicants 
        under the Chinese Student Protection Act of 1992.
           Establishes an application date of the first 
        day of the second fiscal year after the date of the 
        enactment of the Act.
           Provides for a 9-year transition period for 
        the elimination of the per-country limit for the 
        employment-based second (EB-2 advanced degree 
        professionals/exceptional ability aliens) and 
        employment-based third (EB-3 professionals/skilled 
        workers/other worker) preference categories as follows:
                   Reserved Visas for Lower 
                Admission States. Reserves visas for countries 
                other than the two countries with highest 
                demand for such visas (India and China) for 
                nine fiscal years (FY) as follows:
                          D FY 1: 30 percent of such visas.
                          D FY 2: 25 percent of such visas.
                          D FY 3: 20 percent of such visas.
                          D FY 4: 15 percent of such visas.
                          D FY 5 and 6: 10 percent of such 
                        visas.
                          D FY 7, 8, and 9: 5 percent of such 
                        visas.
                   Reserved Visas for New Arrivals. 
                For FY 1 through FY 9, reserves an additional 
                5.75 percent of such visas for individuals from 
                countries other than India and China, to be 
                allocated in the following order of priority: 
                (1) derivatives who are accompanying or 
                following-to-join a principal in the United 
                States; (2) new principal arrivals who have not 
                lived or worked in the United States in the 4 
                years preceding the filing of the immigrant 
                visa petition; and (3) other new arrivals.
                   Reserved Visas for Shortage 
                Occupations. For FY 1 through FY 7, reserves 
                4,400 EB 3 visas for individuals who will work 
                in shortage occupations as designated in 20 
                C.F.R. Sec. 656.5(a) (nurses and physical 
                therapists).
                   Additional Parameters. For FY 1 
                through FY 9, no country may receive more than 
                25 percent of reserved visas and no country may 
                receive more than 85 percent of unreserved 
                visas. The bill also includes a safety valve 
                provision to prevent visas from going unused 
                during the 9-year period.
    Sec. 3. Posting Available Positions Through the Department 
of Labor. Directs the DOL to establish a searchable internet 
website for the posting of H-1B positions, within 180 days of 
bill enactment. Requires employers to provide public notice of 
new H-1B positions on the newly established DOL searchable 
website for at least 30 days. Employers are not required to 
post positions that will be filled by individuals who are 
currently in H-1B status and have already been counted against 
the numerical limitations or are authorized to accept new 
employment upon the filing of an H-1B petition by the 
prospective employer. Online job postings must include the 
occupational classification, job title, education and 
experience requirements, salary or wage range, benefits 
offered, location, and the employer's process for applying for 
a position.
    Sec. 4. H-1B Employer Application Requirements.
           Prevailing Wage. Requires employers to 
        submit to DOL, documentation of the methodology used to 
        establish the prevailing wage for a prospective H-1B 
        employee.
           New Labor Condition Application (LCA) 
        Attestations. Requires prospective H-1B employers to 
        attest that:
                   Advertisements for the position 
                do not state that the position is only open to 
                H-1B workers or that H-1B workers will be given 
                a preference;
                   The employer has not primarily 
                recruited H-1B workers for the position;
                   The employer agrees to submit 
                Forms W-2 filed on behalf of H-1B employees if 
                requested by DOL; and
                   If the employer has 50 or more 
                employees in the United States, not more than 
                50 percent of the employer's U.S. workforce 
                consists of H-1B or L-1 nonimmigrants. The 
                Internal Revenue Code definition of ``single 
                employer'' is used for this purpose. This 
                means, for example, that a company with a 
                subsidiary that has 100 employees, 55 of whom 
                are H-1B or L-1 nonimmigrants, would not be 
                excluded from the H-1B program so long as not 
                more than 50 percent of the company's entire 
                workforce are H-1B or L-1 nonimmigrants. This 
                provision may not be construed to prohibit 
                petitions to extend or renew H-1B status or 
                change H-1B employers.
           LCA Fee. Requires DOL to establish an 
        administrative processing fee for LCAs.
           Elimination of ``B-1 in lieu of H-1.'' 
        Prohibits the Department of State from issuing B-1 
        business visitor visas to individuals seeking to 
        perform H-1 services where the source of remuneration 
        or salary comes from a foreign employer.
           Ending Foreign Media Abuse of H-1B. 
        Prohibits individuals who are classifiable as 
        representatives of the foreign press, radio, film, or 
        other foreign information media, and who are seeking 
        entry into the United States for that purpose, from 
        receiving a H-1B visa or being admitted into the United 
        States in H-1B status.
    Sec. 5. Investigation and Disposition of Complaints Against 
H-1B Employers.
           Expands whistleblower protections to 
        preclude employers from ``taking, failing to take, or 
        threatening to take or fail to take a personnel 
        action'' against a whistleblower.
           Specifies that an employer who violates 
        whistleblower protections shall be liable to the 
        employee for lost wages and benefits. Protected 
        individuals include current and former employees, as 
        well as applicants for employment.
           Requires U.S. Citizenship and Immigration 
        Services (USCIS) to share with DOL information 
        submitted by employers in H-1B petitions that indicates 
        the employer is not complying with H-1B program 
        requirements and allows DOL to initiate an 
        investigation upon receipt of such information.
    Sec. 6. Labor Condition Applications.
           Public Examination of LCAs. Requires DOL to 
        publish lists of LCAs filed on its website.
           Certification Standard. In addition to 
        ``incompleteness'' and ``obvious inaccuracies,'' adds 
        ``clear indicators of fraud or misrepresentation of 
        material fact'' to the exceptions for certifying an LCA 
        within seven days of filing. Allows DOL to initiate an 
        investigation if there are such clear indicators.
           Prevailing Wage Clarifications. Ensures that 
        the prevailing wage relates to substantially similar 
        employees within the geographical area and is based on 
        the best available information for the area within 
        normal commuting distance of the place of employment.
           Audits. Allows DOL to survey employers for 
        LCA compliance and conduct compliance audits of any H-
        1B employer. Requires annual compliance audits of 
        employers with more than 100 full time employees, if 
        more than 15 percent are nonimmigrants. Requires DOL to 
        publish results of required annual compliance audits. 
        Any audited company cannot be re-audited for four years 
        unless there was a willful failure to comply with 
        program requirements or if there is evidence of 
        misrepresentation or fraud.
           Increased Penalties. Increases penalties for 
        various LCA violations from $1,000 to $3,000; from 
        $5,000 to $15,000; and from $35,000 to $100,000.
           Investigations. Eases the process for 
        investigating LCA abuses by:
                   Striking the requirement that 
                the Secretary of Labor personally certify 
                reasonable cause for commencing an LCA 
                investigation;
                   Allowing investigations to 
                commence based on credible information from an 
                anonymous source and striking a provision that 
                says officers or employees of DOL cannot report 
                LCA violations;
                   Striking the provision that 
                prohibits investigations unless there is 
                reasonable cause to believe the employer 
                willfully engaged in LCA abuses or a pattern of 
                violations, or there is a substantial failure 
                that affects multiple employees;
                   Striking the provision 
                prohibiting the use of information submitted in 
                connection with an LCA or H-1B petition to 
                initiate an investigation;
                   Eliminating the 60-day temporal 
                limit on investigations, thereby allowing 
                investigations to proceed for as long as 
                necessary;
                   Changing the deadline for 
                providing notice to an employer and an 
                opportunity for a hearing from 120 days to 60 
                days from the date the Secretary determines 
                there is sufficient cause for failure to 
                comply; and
                 Providing DOL with discretionary 
                authority to impose a penalty if it is 
                determined that the employer violated an LCA 
                term or condition.
    Sec. 7. Adjustment of Status for Employment-Based 
Immigrants.
          Amends the INA by adding a new section 245(n) 
        to allow most nonimmigrants (and their dependents) who 
        are the beneficiaries of an employment-based petition 
        that has been approved for two years to file an 
        application for adjustment of status, even if an 
        immigrant visa is not immediately available. Children 
        remain eligible for adjustment of status regardless of 
        their age or if the principal applicant is deceased at 
        the time a visa becomes available.
          Travel Authorization. Principal applicants 
        and dependents are eligible for advance parole (travel 
        authorization) while the adjustment of status 
        application is pending.
          Employment Authorization. While the 
        adjustment of status application is pending, principal 
        applicants are eligible for work authorization, subject 
        to the conditions and special filing procedures 
        described below. Dependents are likewise eligible for 
        work authorization if they were authorized to work or 
        were in a status that allowed them to request such 
        authorization at the time the adjustment application is 
        filed.
          Conditions on Adjustment of Status for 
        Principal Aliens. Specifies that during the time an 
        application for adjustment of status remains pending 
        and until an immigrant visa becomes available, the 
        terms and conditions of employment offered to the alien 
        must be commensurate with the terms and conditions 
        offered to similarly situated U.S. workers in the area 
        of employment. Applications must be accompanied by a 
        letter from the employer attesting to such. If the 
        alien changes positions or employers, the new position 
        must be in the same or a similar occupational 
        classification as the job for which the petition was 
        filed.
          Special Filing Procedures for Employment 
        Authorization. Requires an application for employment 
        authorization filed by the principal applicant to be 
        accompanied by a Confirmation of Bona Fide Job Offer or 
        Portability. If approved, employment authorization 
        shall be valid for 3 years.
          Decision. Prohibits the approval of an 
        application for adjustment of status until an immigrant 
        visa is available or if the principal applicant has not 
        filed a Confirmation of Bona Fide Job Offer or 
        Portability within the last 12 months. Requires the 
        Secretary to issue a request for evidence if such Form 
        is required and issue a notice of intent to deny if any 
        such form indicates a lack of compliance. An 
        application for adjustment of status may be denied if 
        the principal applicant fails to respond to a request 
        for evidence or establish compliance with the required 
        conditions.
          Fees. Authorizes the Secretary of Homeland 
        Security to collect a $2,000 fee in connection with 
        each Confirmation of Bona Fide Job Offer or Portability 
        filed in connection with an application for adjustment 
        of status under this section. Fifty percent of such 
        fees shall be deposited in the Immigration Examinations 
        Fee Account and 50 precent shall be deposited in the 
        Treasury as miscellaneous receipts.
          Application Dates. The ability to file for 
        adjustment of status under this section takes effect 
        one year after the date of the enactment of the Act and 
        sunsets on the date that is 9 years after the date of 
        enactment. Applications that are filed prior to the 
        sunset date are grandfathered.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT




           *       *       *       *       *       *       *
                         TITLE II--IMMIGRATION


Chapter 1--Selection System

           *       *       *       *       *       *       *



            numerical limitation to any single foreign state

  Sec. 202. (a) Per Country Level.--
          (1) Nondiscrimination.--(A) Except as specifically 
        provided in paragraph (2) and in sections 101(a)(27), 
        201(b)(2)(A)(i), and 203, no person shall receive any 
        preference or priority or be discriminated against in 
        the issuance of an immigrant visa because of the 
        person's race, sex, nationality, place of birth, or 
        place of residence.
          (B) Nothing in this paragraph shall be construed to 
        limit the authority of the Secretary of State to 
        determine the procedures for the processing of 
        immigrant visa applications or the locations where such 
        applications will be processed.
          [(2) Per country levels for family-sponsored and 
        employment-based immigrants.--Subject to paragraphs 
        (3), (4), and (5), the total number of immigrant visas 
        made available to natives of any single foreign state 
        or dependent area under subsections (a) and (b) of 
        section 203 in any fiscal year may not exceed 7 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 subsections in 
        that fiscal year.]
          (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.
          (3) Exception if additional visas available.--If 
        because of the application of paragraph (2) with 
        respect to one or more foreign states or dependent 
        areas, the total number of visas available under [both 
        subsections (a) and (b) of section 203] section 203(a) 
        for a calendar quarter exceeds the number of qualified 
        immigrants who otherwise may be issued such a visa, 
        paragraph (2) shall not apply to visas made available 
        to such states or areas during the remainder of such 
        calendar quarter.
          (4) Special rules for spouses and children of lawful 
        permanent resident aliens.--
                  (A)  75 percent of 2nd preference set-aside 
                for spouses and children not subject to per 
                country limitation.--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, 75 
                        percent of the 2-A floor (as defined in 
                        clause (ii)) shall be issued without 
                        regard to the numerical limitation 
                        under paragraph (2).
                          (ii)  2-A floor defined.--In this 
                        paragraph, the term ``2-A floor'' 
                        means, for a fiscal year, 77 percent of 
                        the total number of visas made 
                        available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2) in the fiscal year.
                  (B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                          (i) In general.--Of the visa numbers 
                        made available under section 203(a) to 
                        immigrants described in section 
                        203(a)(2)(A) in any fiscal year, the 
                        remaining 25 percent of the 2-A floor 
                        shall be available in the case of a 
                        state or area that is subject to 
                        subsection (e) only to the extent that 
                        the total number of visas issued in 
                        accordance with subparagraph (A) to 
                        natives of the foreign state or area is 
                        less than the subsection (e) ceiling 
                        (as defined in clause (ii)).
                          (ii) Subsection (e) ceiling 
                        defined.--In clause (i), the term 
                        ``subsection (e) ceiling'' means, for a 
                        foreign state or dependent area, 77 
                        percent of the maximum number of visas 
                        that may be made available under 
                        section 203(a) to immigrants who are 
                        natives of the state or area under 
                        section 203(a)(2) consistent with 
                        subsection (e).
                  (C) Treatment of unmarried sons and daughters 
                in countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, the number of 
                immigrant visas that may be made available to 
                natives of the state or area under section 
                203(a)(2)(B) may not exceed--
                          (i) 23 percent of the maximum number 
                        of visas that may be made available 
                        under section 203(a) to immigrants of 
                        the state or area described in section 
                        203(a)(2) consistent with subsection 
                        (e), or
                          (ii) the number (if any) by which the 
                        maximum number of visas that may be 
                        made available under section 203(a) to 
                        immigrants of the state or area 
                        described in section 203(a)(2) 
                        consistent with subsection (e) exceeds 
                        the number of visas issued under 
                        section 203(a)(2)(A),
                whichever is greater.
                  (D) Limiting pass down for certain countries 
                subject to subsection (e).--In the case of a 
                foreign state or dependent area to which 
                subsection (e) applies, if the total number of 
                visas issued under section 203(a)(2) exceeds 
                the maximum number of visas that may be made 
                available to immigrants of the state or area 
                under section 203(a)(2) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying paragraphs (3) and 
                (4) of section 203(a) under subsection (e)(2) 
                all visas shall be deemed to have been required 
                for the classes specified in paragraphs (1) and 
                (2) of such section.
          [(5) Rules for employment-based immigrants.--
                  [(A) Employment-based immigrants not subject 
                to per country limitation if additional visas 
                available.--If the total number of visas 
                available under paragraph (1), (2), (3), (4), 
                or (5) of section 203(b) for a calendar quarter 
                exceeds the number of qualified immigrants who 
                may otherwise be issued such visas, the visas 
                made available under that paragraph shall be 
                issued without regard to the numerical 
                limitation under paragraph (2) of this 
                subsection during the remainder of the calendar 
                quarter.
                  [(B) Limiting fall across for certain 
                countries subject to subsection (e).--In the 
                case of a foreign state or dependent area to 
                which subsection (e) applies, if the total 
                number of visas issued under section 203(b) 
                exceeds the maximum number of visas that may be 
                made available to immigrants of the state or 
                area under section 203(b) consistent with 
                subsection (e) (determined without regard to 
                this paragraph), in applying subsection (e) all 
                visas shall be deemed to have been required for 
                the classes of aliens specified in section 
                203(b).]
  (b) Rules for Chargeability.--Each independent country, self-
governing dominion, mandated territory, and territory under the 
international trusteeship system of the United Nations, other 
than the United States and its outlying possessions, shall be 
treated as a separate foreign state for the purposes of a 
numerical level established under subsection (a)(2) when 
approved by the Secretary of State. All other inhabited lands 
shall be attributed to a foreign state specified by the 
Secretary of State. For the purposes of this Act the foreign 
state to which an immigrant is chargeable shall be determined 
by birth within such foreign state except that (1) an alien 
child, when accompanied by or following to join his alien 
parent or parents, may be charged to the foreign state of 
either parent if such parent has received or would be qualified 
for an immigrant visa, if necessary to prevent the separation 
of the child from the parent or parents, and if immigration 
charged to the foreign state to which such parent has been or 
would be chargeable has not reached a numerical level 
established under subsection (a)(2) for that fiscal year; (2) 
if an alien is chargeable to a different foreign state from 
that of his spouse, the foreign state to which such alien is 
chargeable may, if necessary to prevent the separation of 
husband and wife, be determined by the foreign state of the 
spouse he is accompanying or following to join, if such spouse 
has received or would be qualified for an immigrant visa and if 
immigration charged to the foreign state to which such spouse 
has been or would be chargeable has not reached a numerical 
level established under subsection (a)(2) for that fiscal year; 
(3) an alien born in the United States shall be considered as 
having been born in the country of which he is a citizen or 
subject, or, if he is not a citizen or subject of any country, 
in the last foreign country in which he had his residence as 
determined by the consular officer; and (4) an alien born 
within any foreign state in which neither of his parents was 
born and in which neither of his parents had a residence at the 
time of such alien's birth may be charged to the foreign state 
of either parent.
  (c) Chargeability for Dependent Areas.--Any immigrant born in 
a colony or other component or dependent area of a foreign 
state overseas from the foreign state, other than an alien 
described in section 201(b), shall be chargeable for the 
purpose of the limitation set forth in subsection (a), to the 
foreign state.
  (d) Changes in Territory.--In the case of any change in the 
territorial limits of foreign states, the Secretary of State 
shall, upon recognition of such change, issue appropriate 
instructions to all diplomatic and consular offices.
  [(e) Special Rules for Countries at Ceiling.--If it is 
determined that the total number of immigrant visas made 
available under subsections (a) and (b) of section 203 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 subsections (a) and (b) of 
section 203, 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--
          [(1) the ratio of the visa numbers made available 
        under section 203(a) to the visa numbers made available 
        under section 203(b) is equal to the ratio of the 
        worldwide level of immigration under section 201(c) to 
        such level under section 201(d);
          [(2) 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), 
        and
          [(3) except as provided in subsection (a)(5), the 
        proportion of the visa numbers made available under 
        each of paragraphs (1) through (5) of section 203(b) 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(b).
Nothing in this subsection shall be construed as limiting the 
number of visas that may be issued to natives of a foreign 
state or dependent area under section 203(a) or 203(b) if there 
is insufficient demand for visas for such natives under section 
203(b) or 203(a), respectively, or as limiting the number of 
visas that may be issued under section 203(a)(2)(A) pursuant to 
subsection (a)(4)(A).]
  (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).

           *       *       *       *       *       *       *


 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *



 general classes of aliens ineligible to receive visas and ineligible 
               for admission; waivers of inadmissibility

  Sec. 212. (a) Classes of Aliens Ineligible for Visas or 
Admission.--Except as otherwise provided in this Act, aliens 
who are inadmissible under the following paragraphs are 
ineligible to receive visas and ineligible to be admitted to 
the United States:
          (1) Health-related grounds.--
                  (A) In general.--Any alien--
                          (i) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to have a communicable disease of 
                        public health significance;
                          (ii) except as provided in 
                        subparagraph (C), who seeks admission 
                        as an immigrant, or who seeks 
                        adjustment of status to the status of 
                        an alien lawfully admitted for 
                        permanent residence, and who has failed 
                        to present documentation of having 
                        received vaccination against vaccine-
                        preventable diseases, which shall 
                        include at least the following 
                        diseases: mumps, measles, rubella, 
                        polio, tetanus and diphtheria toxoids, 
                        pertussis, influenza type B and 
                        hepatitis B, and any other vaccinations 
                        against vaccine-preventable diseases 
                        recommended by the Advisory Committee 
                        for Immunization Practices,
                          (iii) who is determined (in 
                        accordance with regulations prescribed 
                        by the Secretary of Health and Human 
                        Services in consultation with the 
                        Attorney General)--
                                  (I) to have a physical or 
                                mental disorder and behavior 
                                associated with the disorder 
                                that may pose, or has posed, a 
                                threat to the property, safety, 
                                or welfare of the alien or 
                                others, or
                                  (II) to have had a physical 
                                or mental disorder and a 
                                history of behavior associated 
                                with the disorder, which 
                                behavior has posed a threat to 
                                the property, safety, or 
                                welfare of the alien or others 
                                and which behavior is likely to 
                                recur or to lead to other 
                                harmful behavior, or
                          (iv) who is determined (in accordance 
                        with regulations prescribed by the 
                        Secretary of Health and Human Services) 
                        to be a drug abuser or addict,
                is inadmissibility.
                  (B) Waiver authorized.--For provision 
                authorizing waiver of certain clauses of 
                subparagraph (A), see subsection (g).
                  (C) Exception from immunization requirement 
                for adopted children 10 years of age or 
                younger.--Clause (ii) of subparagraph (A) shall 
                not apply to a child who--
                          (i) is 10 years of age or younger,
                          (ii) is described in subparagraph (F) 
                        or (G) of section 101(b)(1); and
                          (iii) is seeking an immigrant visa as 
                        an immediate relative under section 
                        201(b),
                if, prior to the admission of the child, an 
                adoptive parent or prospective adoptive parent 
                of the child, who has sponsored the child for 
                admission as an immediate relative, has 
                executed an affidavit stating that the parent 
                is aware of the provisions of subparagraph 
                (A)(ii) and will ensure that, within 30 days of 
                the child's admission, or at the earliest time 
                that is medically appropriate, the child will 
                receive the vaccinations identified in such 
                subparagraph.
          (2) Criminal and related grounds.--
                  (A) Conviction of certain crimes.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien convicted of, 
                        or who admits having committed, or who 
                        admits committing acts which constitute 
                        the essential elements of--
                                  (I) a crime involving moral 
                                turpitude (other than a purely 
                                political offense) or an 
                                attempt or conspiracy to commit 
                                such a crime, or
                                  (II) a violation of (or a 
                                conspiracy or attempt to 
                                violate) any law or regulation 
                                of a State, the United States, 
                                or a foreign country relating 
                                to a controlled substance (as 
                                defined in section 102 of the 
                                Controlled Substances Act (21 
                                U.S.C. 802)),
                        is inadmissible.
                          (ii) Exception.--Clause (i)(I) shall 
                        not apply to an alien who committed 
                        only one crime if--
                                  (I) the crime was committed 
                                when the alien was under 18 
                                years of age, and the crime was 
                                committed (and the alien 
                                released from any confinement 
                                to a prison or correctional 
                                institution imposed for the 
                                crime) more than 5 years before 
                                the date of application for a 
                                visa or other documentation and 
                                the date of application for 
                                admission to the United States, 
                                or
                                  (II) the maximum penalty 
                                possible for the crime of which 
                                the alien was convicted (or 
                                which the alien admits having 
                                committed or of which the acts 
                                that the alien admits having 
                                committed constituted the 
                                essential elements) did not 
                                exceed imprisonment for one 
                                year and, if the alien was 
                                convicted of such crime, the 
                                alien was not sentenced to a 
                                term of imprisonment in excess 
                                of 6 months (regardless of the 
                                extent to which the sentence 
                                was ultimately executed).
                  (B) Multiple criminal convictions.--Any alien 
                convicted of 2 or more offenses (other than 
                purely political offenses), regardless of 
                whether the conviction was in a single trial or 
                whether the offenses arose from a single scheme 
                of misconduct and regardless of whether the 
                offenses involved moral turpitude, for which 
                the aggregate sentences to confinement were 5 
                years or more is inadmissible.
                  (C) Controlled substance traffickers.--Any 
                alien who the consular officer or the Attorney 
                General knows or has reason to believe--
                          (i) is or has been an illicit 
                        trafficker in any controlled substance 
                        or in any listed chemical (as defined 
                        in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), or is 
                        or has been a knowing aider, abettor, 
                        assister, conspirator, or colluder with 
                        others in the illicit trafficking in 
                        any such controlled or listed substance 
                        or chemical, or endeavored to do so; or
                          (ii) is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.
                  (D) Prostitution and commercialized vice.--
                Any alien who--
                          (i) is coming to the United States 
                        solely, principally, or incidentally to 
                        engage in prostitution, or has engaged 
                        in prostitution within 10 years of the 
                        date of application for a visa, 
                        admission, or adjustment of status,
                          (ii) directly or indirectly procures 
                        or attempts to procure, or (within 10 
                        years of the date of application for a 
                        visa, entry, or adjustment of status) 
                        procured or attempted to procure or to 
                        import, prostitutes or persons for the 
                        purpose of prostitution, or receives or 
                        (within such 10-year period) received, 
                        in whole or in part, the proceeds of 
                        prostitution, or
                          (iii) is coming to the United States 
                        to engage in any other unlawful 
                        commercialized vice, whether or not 
                        related to prostitution,
                is inadmissible.
                  (E) Certain aliens involved in serious 
                criminal activity who have asserted immunity 
                from prosecution.--Any alien--
                          (i) who has committed in the United 
                        States at any time a serious criminal 
                        offense (as defined in section 101(h)),
                          (ii) for whom immunity from criminal 
                        jurisdiction was exercised with respect 
                        to that offense,
                          (iii) who as a consequence of the 
                        offense and exercise of immunity has 
                        departed from the United States, and
                          (iv) who has not subsequently 
                        submitted fully to the jurisdiction of 
                        the court in the United States having 
                        jurisdiction with respect to that 
                        offense,
                is inadmissible.
                  (F) Waiver authorized.--For provision 
                authorizing waiver of certain subparagraphs of 
                this paragraph, see subsection (h).
                  (G) Foreign government officials who have 
                committed particularly severe violations of 
                religious freedom.--Any alien who, while 
                serving as a foreign government official, was 
                responsible for or directly carried out, at any 
                time, particularly severe violations of 
                religious freedom, as defined in section 3 of 
                the International Religious Freedom Act of 1998 
                (22 U.S.C. 6402), is inadmissible.
                  (H) Significant traffickers in persons.--
                          (i) In general.--Any alien who 
                        commits or conspires to commit human 
                        trafficking offenses in the United 
                        States or outside the United States, or 
                        who the consular officer, the Secretary 
                        of Homeland Security, the Secretary of 
                        State, or the Attorney General knows or 
                        has reason to believe is or has been a 
                        knowing aider, abettor, assister, 
                        conspirator, or colluder with such a 
                        trafficker in severe forms of 
                        trafficking in persons, as defined in 
                        the section 103 of such Act, is 
                        inadmissible.
                          (ii) Beneficiaries of trafficking.--
                        Except as provided in clause (iii), any 
                        alien who the consular officer or the 
                        Attorney General knows or has reason to 
                        believe is the spouse, son, or daughter 
                        of an alien inadmissible under clause 
                        (i), has, within the previous 5 years, 
                        obtained any financial or other benefit 
                        from the illicit activity of that 
                        alien, and knew or reasonably should 
                        have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.
                          (iii) Exception for certain sons and 
                        daughters.--Clause (ii) shall not apply 
                        to a son or daughter who was a child at 
                        the time he or she received the benefit 
                        described in such clause.
                  (I) Money laundering.--Any alien--
                          (i) who a consular officer or the 
                        Attorney General knows, or has reason 
                        to believe, has engaged, is engaging, 
                        or seeks to enter the United States to 
                        engage, in an offense which is 
                        described in section 1956 or 1957 of 
                        title 18, United States Code (relating 
                        to laundering of monetary instruments); 
                        or
                          (ii) who a consular officer or the 
                        Attorney General knows is, or has been, 
                        a knowing aider, abettor, assister, 
                        conspirator, or colluder with others in 
                        an offense which is described in such 
                        section;
                is inadmissible.
          (3) Security and related grounds.--
                  (A) In general.--Any alien who a consular 
                officer or the Attorney General knows, or has 
                reasonable ground to believe, seeks to enter 
                the United States to engage solely, 
                principally, or incidentally in--
                          (i) any activity (I) to violate any 
                        law of the United States relating to 
                        espionage or sabotage or (II) to 
                        violate or evade any law prohibiting 
                        the export from the United States of 
                        goods, technology, or sensitive 
                        information,
                          (ii) any other unlawful activity, or
                          (iii) any activity a purpose of which 
                        is the opposition to, or the control or 
                        overthrow of, the Government of the 
                        United States by force, violence, or 
                        other unlawful means,
                is inadmissible.
                  (B) Terrorist activities.--
                          (i) In general.--Any alien who--
                                  (I) has engaged in a 
                                terrorist activity;
                                  (II) a consular officer, the 
                                Attorney General, or the 
                                Secretary of Homeland Security 
                                knows, or has reasonable ground 
                                to believe, is engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iv));
                                  (III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity;
                                  (IV) is a representative (as 
                                defined in clause (v)) of--
                                          (aa) a terrorist 
                                        organization (as 
                                        defined in clause 
                                        (vi)); or
                                          (bb) a political, 
                                        social, or other group 
                                        that endorses or 
                                        espouses terrorist 
                                        activity;
                                  (V) is a member of a 
                                terrorist organization 
                                described in subclause (I) or 
                                (II) of clause (vi);
                                  (VI) is a member of a 
                                terrorist organization 
                                described in clause (vi)(III), 
                                unless the alien can 
                                demonstrate by clear and 
                                convincing evidence that the 
                                alien did not know, and should 
                                not reasonably have known, that 
                                the organization was a 
                                terrorist organization;
                                  (VII) endorses or espouses 
                                terrorist activity or persuades 
                                others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;
                                  (VIII) has received military-
                                type training (as defined in 
                                section 2339D(c)(1) of title 
                                18, United States Code) from or 
                                on behalf of any organization 
                                that, at the time the training 
                                was received, was a terrorist 
                                organization (as defined in 
                                clause (vi)); or
                                  (IX) is the spouse or child 
                                of an alien who is inadmissible 
                                under this subparagraph, if the 
                                activity causing the alien to 
                                be found inadmissible occurred 
                                within the last 5 years, is 
                                inadmissible.
                        An alien who is an officer, official, 
                        representative, or spokesman of the 
                        Palestine Liberation Organization is 
                        considered, for purposes of this Act, 
                        to be engaged in a terrorist activity.
                          (ii) Exception.--Subclause (IX) of 
                        clause (i) does not apply to a spouse 
                        or child--
                                  (I) who did not know or 
                                should not reasonably have 
                                known of the activity causing 
                                the alien to be found 
                                inadmissible under this 
                                section; or
                                  (II) whom the consular 
                                officer or Attorney General has 
                                reasonable grounds to believe 
                                has renounced the activity 
                                causing the alien to be found 
                                inadmissible under this 
                                section.
                          (iii) Terrorist activity defined.--As 
                        used in this Act, the term ``terrorist 
                        activity'' means any activity which is 
                        unlawful under the laws of the place 
                        where it is committed (or which, if it 
                        had been committed in the United 
                        States, would be unlawful under the 
                        laws of the United States or any State) 
                        and which involves any of the 
                        following:
                                  (I) The highjacking or 
                                sabotage of any conveyance 
                                (including an aircraft, vessel, 
                                or vehicle).
                                  (II) The seizing or 
                                detaining, and threatening to 
                                kill, injure, or continue to 
                                detain, another individual in 
                                order to compel a third person 
                                (including a governmental 
                                organization) to do or abstain 
                                from doing any act as an 
                                explicit or implicit condition 
                                for the release of the 
                                individual seized or detained.
                                  (III) A violent attack upon 
                                an internationally protected 
                                person (as defined in section 
                                1116(b)(4) of title 18, United 
                                States Code) or upon the 
                                liberty of such a person.
                                  (IV) An assassination.
                                  (V) The use of any--
                                          (a) biological agent, 
                                        chemical agent, or 
                                        nuclear weapon or 
                                        device, or
                                          (b) explosive, 
                                        firearm, or other 
                                        weapon or dangerous 
                                        device (other than for 
                                        mere personal monetary 
                                        gain),
                                with intent to endanger, 
                                directly or indirectly, the 
                                safety of one or more 
                                individuals or to cause 
                                substantial damage to property.
                                  (VI) A threat, attempt, or 
                                conspiracy to do any of the 
                                foregoing.
                          (iv) Engage in terrorist activity 
                        defined.--As used in this Act, the term 
                        ``engage in terrorist activity'' means, 
                        in an individual capacity or as a 
                        member of an organization--
                                  (I) to commit or to incite to 
                                commit, under circumstances 
                                indicating an intention to 
                                cause death or serious bodily 
                                injury, a terrorist activity;
                                  (II) to prepare or plan a 
                                terrorist activity;
                                  (III) to gather information 
                                on potential targets for 
                                terrorist activity;
                                  (IV) to solicit funds or 
                                other things of value for--
                                          (aa) a terrorist 
                                        activity;
                                          (bb) a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization;
                                  (V) to solicit any 
                                individual--
                                          (aa) to engage in 
                                        conduct otherwise 
                                        described in this 
                                        subsection;
                                          (bb) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          (cc) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(III) 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization; 
                                        or
                                  (VI) to commit an act that 
                                the actor knows, or reasonably 
                                should know, affords material 
                                support, including a safe 
                                house, transportation, 
                                communications, funds, transfer 
                                of funds or other material 
                                financial benefit, false 
                                documentation or 
                                identification, weapons 
                                (including chemical, 
                                biological, or radiological 
                                weapons), explosives, or 
                                training--
                                          (aa) for the 
                                        commission of a 
                                        terrorist activity;
                                          (bb) to any 
                                        individual who the 
                                        actor knows, or 
                                        reasonably should know, 
                                        has committed or plans 
                                        to commit a terrorist 
                                        activity;
                                          (cc) to a terrorist 
                                        organization described 
                                        in subclause (I) or 
                                        (II) of clause (vi) or 
                                        to any member of such 
                                        an organization; or
                                          (dd) to a terrorist 
                                        organization described 
                                        in clause (vi)(III), or 
                                        to any member of such 
                                        an organization, unless 
                                        the actor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that the actor did not 
                                        know, and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization.
                          (v) Representative defined.--As used 
                        in this paragraph, the term 
                        ``representative'' includes an officer, 
                        official, or spokesman of an 
                        organization, and any person who 
                        directs, counsels, commands, or induces 
                        an organization or its members to 
                        engage in terrorist activity.
                          (vi) Terrorist organization 
                        defined.--As used in this section, the 
                        term ``terrorist organization'' means 
                        an organization--
                                  (I) designated under section 
                                219;
                                  (II) otherwise designated, 
                                upon publication in the Federal 
                                Register, by the Secretary of 
                                State in consultation with or 
                                upon the request of the 
                                Attorney General or the 
                                Secretary of Homeland Security, 
                                as a terrorist organization, 
                                after finding that the 
                                organization engages in the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv); or
                                  (III) that is a group of two 
                                or more individuals, whether 
                                organized or not, which engages 
                                in, or has a subgroup which 
                                engages in, the activities 
                                described in subclauses (I) 
                                through (VI) of clause (iv).
                  (C) Foreign policy.--
                          (i) In general.--An alien whose entry 
                        or proposed activities in the United 
                        States the Secretary of State has 
                        reasonable ground to believe would have 
                        potentially serious adverse foreign 
                        policy consequences for the United 
                        States is inadmissible.
                          (ii) Exception for officials.--An 
                        alien who is an official of a foreign 
                        government or a purported government, 
                        or who is a candidate for election to a 
                        foreign government office during the 
                        period immediately preceding the 
                        election for that office, shall not be 
                        excludable or subject to restrictions 
                        or conditions on entry into the United 
                        States under clause (i) solely because 
                        of the alien's past, current, or 
                        expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States.
                          (iii) Exception for other aliens.--An 
                        alien, not described in clause (ii), 
                        shall not be excludable or subject to 
                        restrictions or conditions on entry 
                        into the United States under clause (i) 
                        because of the alien's past, current, 
                        or expected beliefs, statements, or 
                        associations, if such beliefs, 
                        statements, or associations would be 
                        lawful within the United States, unless 
                        the Secretary of State personally 
                        determines that the alien's admission 
                        would compromise a compelling United 
                        States foreign policy interest.
                          (iv) Notification of 
                        determinations.--If a determination is 
                        made under clause (iii) with respect to 
                        an alien, the Secretary of State must 
                        notify on a timely basis the chairmen 
                        of the Committees on the Judiciary and 
                        Foreign Affairs of the House of 
                        Representatives and of the Committees 
                        on the Judiciary and Foreign Relations 
                        of the Senate of the identity of the 
                        alien and the reasons for the 
                        determination.
                  (D) Immigrant membership in totalitarian 
                party.--
                          (i) In general.--Any immigrant who is 
                        or has been a member of or affiliated 
                        with the Communist or any other 
                        totalitarian party (or subdivision or 
                        affiliate thereof), domestic or 
                        foreign, is inadmissible.
                          (ii) Exception for involuntary 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that the membership or affiliation is 
                        or was involuntary, or is or was solely 
                        when under 16 years of age, by 
                        operation of law, or for purposes of 
                        obtaining employment, food rations, or 
                        other essentials of living and whether 
                        necessary for such purposes.
                          (iii) Exception for past 
                        membership.--Clause (i) shall not apply 
                        to an alien because of membership or 
                        affiliation if the alien establishes to 
                        the satisfaction of the consular 
                        officer when applying for a visa (or to 
                        the satisfaction of the Attorney 
                        General when applying for admission) 
                        that--
                                  (I) the membership or 
                                affiliation terminated at 
                                least--
                                          (a) 2 years before 
                                        the date of such 
                                        application, or
                                          (b) 5 years before 
                                        the date of such 
                                        application, in the 
                                        case of an alien whose 
                                        membership or 
                                        affiliation was with 
                                        the party controlling 
                                        the government of a 
                                        foreign state that is a 
                                        totalitarian 
                                        dictatorship as of such 
                                        date, and
                                  (II) the alien is not a 
                                threat to the security of the 
                                United States.
                          (iv) Exception for close family 
                        members.--The Attorney General may, in 
                        the Attorney General's discretion, 
                        waive the application of clause (i) in 
                        the case of an immigrant who is the 
                        parent, spouse, son, daughter, brother, 
                        or sister of a citizen of the United 
                        States or a spouse, son, or daughter of 
                        an alien lawfully admitted for 
                        permanent residence for humanitarian 
                        purposes, to assure family unity, or 
                        when it is otherwise in the public 
                        interest if the immigrant is not a 
                        threat to the security of the United 
                        States.
                  (E) Participants in nazi persecution, 
                genocide, or the commission of any act of 
                torture or extrajudicial killing.--
                          (i) Participation in nazi 
                        persecutions.--Any alien who, during 
                        the period beginning on March 23, 1933, 
                        and ending on May 8, 1945, under the 
                        direction of, or in association with--
                                  (I) the Nazi government of 
                                Germany,
                                  (II) any government in any 
                                area occupied by the military 
                                forces of the Nazi government 
                                of Germany,
                                  (III) any government 
                                established with the assistance 
                                or cooperation of the Nazi 
                                government of Germany, or
                                  (IV) any government which was 
                                an ally of the Nazi government 
                                of Germany,
                        ordered, incited, assisted, or 
                        otherwise participated in the 
                        persecution of any person because of 
                        race, religion, national origin, or 
                        political opinion is inadmissible.
                          (ii) Participation in genocide.--Any 
                        alien who ordered, incited, assisted, 
                        or otherwise participated in genocide, 
                        as defined in section 1091(a) of title 
                        18, United States Code, is inadmissible
                          (iii) Commission of acts of torture 
                        or extrajudicial killings.--Any alien 
                        who, outside the United States, has 
                        committed, ordered, incited, assisted, 
                        or otherwise participated in the 
                        commission of--
                                  (I) any act of torture, as 
                                defined in section 2340 of 
                                title 18, United States Code; 
                                or
                                  (II) under color of law of 
                                any foreign nation, any 
                                extrajudicial killing, as 
                                defined in section 3(a) of the 
                                Torture Victim Protection Act 
                                of 1991 (28 U.S.C. 1350 note),
                        is inadmissible.
                  (F) Association with terrorist 
                organizations.--Any alien who the Secretary of 
                State, after consultation with the Attorney 
                General, or the Attorney General, after 
                consultation with the Secretary of State, 
                determines has been associated with a terrorist 
                organization and intends while in the United 
                States to engage solely, principally, or 
                incidentally in activities that could endanger 
                the welfare, safety, or security of the United 
                States is inadmissible.
                  (G) Recruitment or use of child soldiers.--
                Any alien who has engaged in the recruitment or 
                use of child soldiers in violation of section 
                2442 of title 18, United States Code, is 
                inadmissible.
          (4) Public charge.--
                  (A) In general.--Any alien who, in the 
                opinion of the consular officer at the time of 
                application for a visa, or in the opinion of 
                the Attorney General at the time of application 
                for admission or adjustment of status, is 
                likely at any time to become a public charge is 
                inadmissible.
                  (B) Factors to be taken into account.--(i) In 
                determining whether an alien is inadmissible 
                under this paragraph, the consular officer or 
                the Attorney General shall at a minimum 
                consider the alien's--
                          (I) age;
                          (II) health;
                          (III) family status;
                          (IV) assets, resources, and financial 
                        status; and
                          (V) education and skills.
                  (ii) In addition to the factors under clause 
                (i), the consular officer or the Attorney 
                General may also consider any affidavit of 
                support under section 213A for purposes of 
                exclusion under this paragraph.
                  (C) Family-sponsored immigrants.--Any alien 
                who seeks admission or adjustment of status 
                under a visa number issued under section 
                201(b)(2) or 203(a) is inadmissible under this 
                paragraph unless--
                          (i) the alien has obtained--
                                  (I) status as a spouse or a 
                                child of a United States 
                                citizen pursuant to clause 
                                (ii), (iii), or (iv) of section 
                                204(a)(1)(A), or
                                  (II) classification pursuant 
                                to clause (ii) or (iii) of 
                                section 204(a)(1)(B); or
                                  (III) classification or 
                                status as a VAWA self-
                                petitioner; or
                          (ii) the person petitioning for the 
                        alien's admission (and any additional 
                        sponsor required under section 213A(f) 
                        or any alternative sponsor permitted 
                        under paragraph (5)(B) of such section) 
                        has executed an affidavit of support 
                        described in section 213A with respect 
                        to such alien.
                  (D) Certain employment-based immigrants.--Any 
                alien who seeks admission or adjustment of 
                status under a visa number issued under section 
                203(b) by virtue of a classification petition 
                filed by a relative of the alien (or by an 
                entity in which such relative has a significant 
                ownership interest) is inadmissible under this 
                paragraph unless such relative has executed an 
                affidavit of support described in section 213A 
                with respect to such alien.
                  (E) Special rule for qualified alien 
                victims.--Subparagraphs (A), (B), and (C) shall 
                not apply to an alien who--
                          (i) is a VAWA self-petitioner;
                          (ii) is an applicant for, or is 
                        granted, nonimmigrant status under 
                        section 101(a)(15)(U); or
                          (iii) is a qualified alien described 
                        in section 431(c) of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 
                        1641(c)).
          (5) Labor certification and qualifications for 
        certain immigrants.--
                  (A) Labor certification.--
                          (i) In general.--Any alien who seeks 
                        to enter the United States for the 
                        purpose of performing skilled or 
                        unskilled labor is inadmissible, unless 
                        the Secretary of Labor has determined 
                        and certified to the Secretary of State 
                        and the Attorney General that--
                                  (I) there are not sufficient 
                                workers who are able, willing, 
                                qualified (or equally qualified 
                                in the case of an alien 
                                described in clause (ii)) and 
                                available at the time of 
                                application for a visa and 
                                admission to the United States 
                                and at the place where the 
                                alien is to perform such 
                                skilled or unskilled labor, and
                                  (II) the employment of such 
                                alien will not adversely affect 
                                the wages and working 
                                conditions of workers in the 
                                United States similarly 
                                employed.
                          (ii) Certain aliens subject to 
                        special rule.--For purposes of clause 
                        (i)(I), an alien described in this 
                        clause is an alien who--
                                  (I) is a member of the 
                                teaching profession, or
                                  (II) has exceptional ability 
                                in the sciences or the arts.
                          (iii) Professional athletes.--
                                  (I) In general.--A 
                                certification made under clause 
                                (i) with respect to a 
                                professional athlete shall 
                                remain valid with respect to 
                                the athlete after the athlete 
                                changes employer, if the new 
                                employer is a team in the same 
                                sport as the team which 
                                employed the athlete when the 
                                athlete first applied for the 
                                certification.
                                  (II) Definition.--For 
                                purposes of subclause (I), the 
                                term ``professional athlete'' 
                                means an individual who is 
                                employed as an athlete by--
                                          (aa) a team that is a 
                                        member of an 
                                        association of 6 or 
                                        more professional 
                                        sports teams whose 
                                        total combined revenues 
                                        exceed $10,000,000 per 
                                        year, if the 
                                        association governs the 
                                        conduct of its members 
                                        and regulates the 
                                        contests and 
                                        exhibitions in which 
                                        its member teams 
                                        regularly engage; or
                                          (bb) any minor league 
                                        team that is affiliated 
                                        with such an 
                                        association.
                          (iv) Long delayed adjustment 
                        applicants.--A certification made under 
                        clause (i) with respect to an 
                        individual whose petition is covered by 
                        section 204(j) shall remain valid with 
                        respect to a new job accepted by the 
                        individual after 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 
                        certification was issued.
                  (B) Unqualified physicians.--An alien who is 
                a graduate of a medical school not accredited 
                by a body or bodies approved for the purpose by 
                the Secretary of Education (regardless of 
                whether such school of medicine is in the 
                United States) and who is coming to the United 
                States principally to perform services as a 
                member of the medical profession is 
                inadmissible, unless the alien (i) has passed 
                parts I and II of the National Board of Medical 
                Examiners Examination (or an equivalent 
                examination as determined by the Secretary of 
                Health and Human Services) and (ii) is 
                competent in oral and written English. For 
                purposes of the previous sentence, an alien who 
                is a graduate of a medical school shall be 
                considered to have passed parts I and II of the 
                National Board of Medical Examiners if the 
                alien was fully and permanently licensed to 
                practice medicine in a State on January 9, 
                1978, and was practicing medicine in a State on 
                that date.
                  (C) Uncertified foreign health-care 
                workers.--Subject to subsection (r), any alien 
                who seeks to enter the United States for the 
                purpose of performing labor as a health-care 
                worker, other than a physician, is inadmissible 
                unless the alien presents to the consular 
                officer, or, in the case of an adjustment of 
                status, the Attorney General, a certificate 
                from the Commission on Graduates of Foreign 
                Nursing Schools, or a certificate from an 
                equivalent independent credentialing 
                organization approved by the Attorney General 
                in consultation with the Secretary of Health 
                and Human Services, verifying that--
                          (i) the alien's education, training, 
                        license, and experience--
                                  (I) meet all applicable 
                                statutory and regulatory 
                                requirements for entry into the 
                                United States under the 
                                classification specified in the 
                                application;
                                  (II) are comparable with that 
                                required for an American 
                                health-care worker of the same 
                                type; and
                                  (III) are authentic and, in 
                                the case of a license, 
                                unencumbered;
                          (ii) the alien has the level of 
                        competence in oral and written English 
                        considered by the Secretary of Health 
                        and Human Services, in consultation 
                        with the Secretary of Education, to be 
                        appropriate for health care work of the 
                        kind in which the alien will be 
                        engaged, as shown by an appropriate 
                        score on one or more nationally 
                        recognized, commercially available, 
                        standardized assessments of the 
                        applicant's ability to speak and write; 
                        and
                          (iii) if a majority of States 
                        licensing the profession in which the 
                        alien intends to work recognize a test 
                        predicting the success on the 
                        profession's licensing or certification 
                        examination, the alien has passed such 
                        a test or has passed such an 
                        examination.
                For purposes of clause (ii), determination of 
                the standardized tests required and of the 
                minimum scores that are appropriate are within 
                the sole discretion of the Secretary of Health 
                and Human Services and are not subject to 
                further administrative or judicial review.
                  (D) Application of grounds.--The grounds for 
                inadmissibility of aliens under subparagraphs 
                (A) and (B) shall apply to immigrants seeking 
                admission or adjustment of status under 
                paragraph (2) or (3) of section 203(b).
          (6) Illegal entrants and immigration violators.--
                  (A) Aliens present without admission or 
                parole.--
                          (i) In general.--An alien present in 
                        the United States without being 
                        admitted or paroled, or who arrives in 
                        the United States at any time or place 
                        other than as designated by the 
                        Attorney General, is inadmissible.
                          (ii) Exception for certain battered 
                        women and children.--Clause (i) shall 
                        not apply to an alien who demonstrates 
                        that--
                                  (I) the alien is a VAWA self-
                                petitioner;
                                  (II)(a) the alien has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent, or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien and the spouse or 
                                parent consented or acquiesced 
                                to such battery or cruelty, or 
                                (b) the alien's child has been 
                                battered or subjected to 
                                extreme cruelty by a spouse or 
                                parent of the alien (without 
                                the active participation of the 
                                alien in the battery or 
                                cruelty) or by a member of the 
                                spouse's or parent's family 
                                residing in the same household 
                                as the alien when the spouse or 
                                parent consented to or 
                                acquiesced in such battery or 
                                cruelty and the alien did not 
                                actively participate in such 
                                battery or cruelty, and
                                  (III) there was a substantial 
                                connection between the battery 
                                or cruelty described in 
                                subclause (I) or (II) and the 
                                alien's unlawful entry into the 
                                United States.
                  (B) Failure to attend removal proceeding.--
                Any alien who without reasonable cause fails or 
                refuses to attend or remain in attendance at a 
                proceeding to determine the alien's 
                inadmissibility or deportability and who seeks 
                admission to the United States within 5 years 
                of such alien's subsequent departure or removal 
                is inadmissible.
                  (C) Misrepresentation.--
                          (i) In general.--Any alien who, by 
                        fraud or willfully misrepresenting a 
                        material fact, seeks to procure (or has 
                        sought to procure or has procured) a 
                        visa, other documentation, or admission 
                        into the United States or other benefit 
                        provided under this Act is 
                        inadmissible.
                          (ii) Falsely claiming citizenship.--
                                  (I) In general.--Any alien 
                                who falsely represents, or has 
                                falsely represented, himself or 
                                herself to be a citizen of the 
                                United States for any purpose 
                                or benefit under this Act 
                                (including section 274A) or any 
                                other Federal or State law is 
                                inadmissible.
                                  (II) Exception.--In the case 
                                of an alien making a 
                                representation described in 
                                subclause (I), if each natural 
                                parent of the alien (or, in the 
                                case of an adopted alien, each 
                                adoptive parent of the alien) 
                                is or was a citizen (whether by 
                                birth or naturalization), the 
                                alien permanently resided in 
                                the United States prior to 
                                attaining the age of 16, and 
                                the alien reasonably believed 
                                at the time of making such 
                                representation that he or she 
                                was a citizen, the alien shall 
                                not be considered to be 
                                inadmissible under any 
                                provision of this subsection 
                                based on such representation.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (i).
                  (D) Stowaways.--Any alien who is a stowaway 
                is inadmissible.
                  (E) Smugglers.--
                          (i) In general.--Any alien who at any 
                        time knowingly has encouraged, induced, 
                        assisted, abetted, or aided any other 
                        alien to enter or to try to enter the 
                        United States in violation of law is 
                        inadmissible.
                          (ii) Special rule in the case of 
                        family reunification.--Clause (i) shall 
                        not apply in the case of alien who is 
                        an eligible immigrant (as defined in 
                        section 301(b)(1) of the Immigration 
                        Act of 1990), was physically present in 
                        the United States on May 5, 1988, and 
                        is seeking admission as an immediate 
                        relative or under section 203(a)(2) 
                        (including under section 112 of the 
                        Immigration Act of 1990) or benefits 
                        under section 301(a) of the Immigration 
                        Act of 1990 if the alien, before May 5, 
                        1988, has encouraged, induced, 
                        assisted, abetted, or aided only the 
                        alien's spouse, parent, son, or 
                        daughter (and no other individual) to 
                        enter the United States in violation of 
                        law.
                          (iii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(11).
                  (F) Subject of civil penalty.--
                          (i) In general.--An alien who is the 
                        subject of a final order for violation 
                        of section 274C is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(12).
                  (G) Student visa abusers.--An alien who 
                obtains the status of a nonimmigrant under 
                section 101(a)(15)(F)(i) and who violates a 
                term or condition of such status under section 
                214(l) is inadmissible until the alien has been 
                outside the United States for a continuous 
                period of 5 years after the date of the 
                violation.
          (7) Documentation requirements.--
                  (A) Immigrants.--
                          (i) In general.--Except as otherwise 
                        specifically provided in this Act, any 
                        immigrant at the time of application 
                        for admission--
                                  (I) who is not in possession 
                                of a valid unexpired immigrant 
                                visa, reentry permit, border 
                                crossing identification card, 
                                or other valid entry document 
                                required by this Act, and a 
                                valid unexpired passport, or 
                                other suitable travel document, 
                                or document of identity and 
                                nationality if such document is 
                                required under the regulations 
                                issued by the Attorney General 
                                under section 211(a), or
                                  (II) whose visa has been 
                                issued without compliance with 
                                the provisions of section 203,
                        is inadmissible.
                          (ii) Waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (k).
                  (B) Nonimmigrants.--
                          (i) In general.--Any nonimmigrant 
                        who--
                                  (I) is not in possession of a 
                                passport valid for a minimum of 
                                six months from the date of the 
                                expiration of the initial 
                                period of the alien's admission 
                                or contemplated initial period 
                                of stay authorizing the alien 
                                to return to the country from 
                                which the alien came or to 
                                proceed to and enter some other 
                                country during such period, or
                                  (II) is not in possession of 
                                a valid nonimmigrant visa or 
                                border crossing identification 
                                card at the time of application 
                                for admission,
                        is inadmissible.
                          (ii) General waiver authorized.--For 
                        provision authorizing waiver of clause 
                        (i), see subsection (d)(4).
                          (iii) Guam and northern mariana 
                        islands visa waiver.--For provision 
                        authorizing waiver of clause (i) in the 
                        case of visitors to Guam or the 
                        Commonwealth of the Northern Mariana 
                        Islands, see subsection (l).
                          (iv) Visa waiver program.--For 
                        authority to waive the requirement of 
                        clause (i) under a program, see section 
                        217.
          (8) Ineligible for citizenship.--
                  (A) In general.--Any immigrant who is 
                permanently ineligible to citizenship is 
                inadmissible.
                  (B) Draft evaders.--Any person who has 
                departed from or who has remained outside the 
                United States to avoid or evade training or 
                service in the armed forces in time of war or a 
                period declared by the President to be a 
                national emergency is inadmissible, except that 
                this subparagraph shall not apply to an alien 
                who at the time of such departure was a 
                nonimmigrant and who is seeking to reenter the 
                United States as a nonimmigrant.
          (9) Aliens previously removed.--
                  (A) Certain aliens previously removed.--
                          (i) Arriving aliens.--Any alien who 
                        has been ordered removed under section 
                        235(b)(1) or at the end of proceedings 
                        under section 240 initiated upon the 
                        alien's arrival in the United States 
                        and who again seeks admission within 5 
                        years of the date of such removal (or 
                        within 20 years in the case of a second 
                        or subsequent removal or at any time in 
                        the case of an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (ii) Other aliens.--Any alien not 
                        described in clause (i) who--
                                  (I) has been ordered removed 
                                under section 240 or any other 
                                provision of law, or
                                  (II) departed the United 
                                States while an order of 
                                removal was outstanding,
                        and who seeks admission within 10 years 
                        of the date of such alien's departure 
                        or removal (or within 20 years of such 
                        date in the case of a second or 
                        subsequent removal or at any time in 
                        the case of an alien convicted of an 
                        aggravated felony) is inadmissible.
                          (iii) Exception.--Clauses (i) and 
                        (ii) shall not apply to an alien 
                        seeking admission within a period if, 
                        prior to the date of the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be admitted 
                        from foreign contiguous territory, the 
                        Attorney General has consented to the 
                        alien's reapplying for admission.
                  (B) Aliens unlawfully present.--
                          (i) In general.--Any alien (other 
                        than an alien lawfully admitted for 
                        permanent residence) who--
                                  (I) was unlawfully present in 
                                the United States for a period 
                                of more than 180 days but less 
                                than 1 year, voluntarily 
                                departed the United States 
                                (whether or not pursuant to 
                                section 244(e)) prior to the 
                                commencement of proceedings 
                                under section 235(b)(1) or 
                                section 240, and again seeks 
                                admission within 3 years of the 
                                date of such alien's departure 
                                or removal, or
                                  (II) has been unlawfully 
                                present in the United States 
                                for one year or more, and who 
                                again seeks admission within 10 
                                years of the date of such 
                                alien's departure or removal 
                                from the United States,
                        is inadmissible.
                          (ii) Construction of unlawful 
                        presence.--For purposes of this 
                        paragraph, an alien is deemed to be 
                        unlawfully present in the United States 
                        if the alien is present in the United 
                        States after the expiration of the 
                        period of stay authorized by the 
                        Attorney General or is present in the 
                        United States without being admitted or 
                        paroled.
                          (iii) Exceptions.--
                                  (I) Minors.--No period of 
                                time in which an alien is under 
                                18 years of age shall be taken 
                                into account in determining the 
                                period of unlawful presence in 
                                the United States under clause 
                                (i).
                                  (II) Asylees.--No period of 
                                time in which an alien has a 
                                bona fide application for 
                                asylum pending under section 
                                208 shall be taken into account 
                                in determining the period of 
                                unlawful presence in the United 
                                States under clause (i) unless 
                                the alien during such period 
                                was employed without 
                                authorization in the United 
                                States.
                                  (III) Family unity.--No 
                                period of time in which the 
                                alien is a beneficiary of 
                                family unity protection 
                                pursuant to section 301 of the 
                                Immigration Act of 1990 shall 
                                be taken into account in 
                                determining the period of 
                                unlawful presence in the United 
                                States under clause (i).
                                  (IV) Battered women and 
                                children.--Clause (i) shall not 
                                apply to an alien who would be 
                                described in paragraph 
                                (6)(A)(ii) if ``violation of 
                                the terms of the alien's 
                                nonimmigrant visa'' were 
                                substituted for ``unlawful 
                                entry into the United States'' 
                                in subclause (III) of that 
                                paragraph.
                  (V) Victims of a severe form of trafficking 
                in persons.--Clause (i) shall not apply to an 
                alien who demonstrates that the severe form of 
                trafficking (as that term is defined in section 
                103 of the Trafficking Victims Protection Act 
                of 2000 (22 U.S.C. 7102)) was at least one 
                central reason for the alien's unlawful 
                presence in the United States.
                          (iv) Tolling for good cause.--In the 
                        case of an alien who--
                                  (I) has been lawfully 
                                admitted or paroled into the 
                                United States,
                                  (II) has filed a nonfrivolous 
                                application for a change or 
                                extension of status before the 
                                date of expiration of the 
                                period of stay authorized by 
                                the Attorney General, and
                                  (III) has not been employed 
                                without authorization in the 
                                United States before or during 
                                the pendency of such 
                                application,
                        the calculation of the period of time 
                        specified in clause (i)(I) shall be 
                        tolled during the pendency of such 
                        application, but not to exceed 120 
                        days.
                          (v) Waiver.--The Attorney General has 
                        sole discretion to waive clause (i) in 
                        the case of an immigrant who is the 
                        spouse or son or daughter of a United 
                        States citizen or of an alien lawfully 
                        admitted for permanent residence, if it 
                        is established to the satisfaction of 
                        the Attorney General that the refusal 
                        of admission to such immigrant alien 
                        would result in extreme hardship to the 
                        citizen or lawfully resident spouse or 
                        parent of such alien. No court shall 
                        have jurisdiction to review a decision 
                        or action by the Attorney General 
                        regarding a waiver under this clause.
                  (C) Aliens unlawfully present after previous 
                immigration violations.--
                          (i) In general.--Any alien who--
                                  (I) has been unlawfully 
                                present in the United States 
                                for an aggregate period of more 
                                than 1 year, or
                                  (II) has been ordered removed 
                                under section 235(b)(1), 
                                section 240, or any other 
                                provision of law,
                        and who enters or attempts to reenter 
                        the United States without being 
                        admitted is inadmissible.
                          (ii) Exception.--Clause (i) shall not 
                        apply to an alien seeking admission 
                        more than 10 years after the date of 
                        the alien's last departure from the 
                        United States if, prior to the alien's 
                        reembarkation at a place outside the 
                        United States or attempt to be 
                        readmitted from a foreign contiguous 
                        territory, the Secretary of Homeland 
                        Security has consented to the alien's 
                        reapplying for admission.
                          (iii) Waiver.--The Secretary of 
                        Homeland Security may waive the 
                        application of clause (i) in the case 
                        of an alien who is a VAWA self-
                        petitioner if there is a connection 
                        between--
                                  (I) the alien's battering or 
                                subjection to extreme cruelty; 
                                and
                                  (II) the alien's removal, 
                                departure from the United 
                                States, reentry or reentries 
                                into the United States; or 
                                attempted reentry into the 
                                United States.
          (10) Miscellaneous.--
                  (A) Practicing polygamists.--Any immigrant 
                who is coming to the United States to practice 
                polygamy is inadmissible.
                  (B) Guardian required to accompany helpless 
                alien.--Any alien--
                          (i) who is accompanying another alien 
                        who is inadmissible and who is 
                        certified to be helpless from sickness, 
                        mental or physical disability, or 
                        infancy pursuant to section 232(c), and
                          (ii) whose protection or guardianship 
                        is determined to be required by the 
                        alien described in clause (i),
                is inadmissible.
                  (C) International child abduction.--
                          (i) In general.--Except as provided 
                        in clause (ii), any alien who, after 
                        entry of an order by a court in the 
                        United States granting custody to a 
                        person of a United States citizen child 
                        who detains or retains the child, or 
                        withholds custody of the child, outside 
                        the United States from the person 
                        granted custody by that order, is 
                        inadmissible until the child is 
                        surrendered to the person granted 
                        custody by that order.
                          (ii) Aliens supporting abductors and 
                        relatives of abductors.--Any alien 
                        who--
                                  (I) is known by the Secretary 
                                of State to have intentionally 
                                assisted an alien in the 
                                conduct described in clause 
                                (i),
                                  (II) is known by the 
                                Secretary of State to be 
                                intentionally providing 
                                material support or safe haven 
                                to an alien described in clause 
                                (i), or
                                  (III) is a spouse (other than 
                                the spouse who is the parent of 
                                the abducted child), child 
                                (other than the abducted 
                                child), parent, sibling, or 
                                agent of an alien described in 
                                clause (i), if such person has 
                                been designated by the 
                                Secretary of State at the 
                                Secretary's sole and 
                                unreviewable discretion, is 
                                inadmissible until the child 
                                described in clause (i) is 
                                surrendered to the person 
                                granted custody by the order 
                                described in that clause, and 
                                such person and child are 
                                permitted to return to the 
                                United States or such person's 
                                place of residence.
                          (iii) Exceptions.--Clauses (i) and 
                        (ii) shall not apply--
                                  (I) to a government official 
                                of the United States who is 
                                acting within the scope of his 
                                or her official duties;
                                  (II) to a government official 
                                of any foreign government if 
                                the official has been 
                                designated by the Secretary of 
                                State at the Secretary's sole 
                                and unreviewable discretion; or
                                  (III) so long as the child is 
                                located in a foreign state that 
                                is a party to the Convention on 
                                the Civil Aspects of 
                                International Child Abduction, 
                                done at The Hague on October 
                                25, 1980.
                  (D) Unlawful voters.--
                          (i) In general.--Any alien who has 
                        voted in violation of any Federal, 
                        State, or local constitutional 
                        provision, statute, ordinance, or 
                        regulation is inadmissible.
                          (ii) Exception.--In the case of an 
                        alien who voted in a Federal, State, or 
                        local election (including an 
                        initiative, recall, or referendum) in 
                        violation of a lawful restriction of 
                        voting to citizens, if each natural 
                        parent of the alien (or, in the case of 
                        an adopted alien, each adoptive parent 
                        of the alien) is or was a citizen 
                        (whether by birth or naturalization), 
                        the alien permanently resided in the 
                        United States prior to attaining the 
                        age of 16, and the alien reasonably 
                        believed at the time of such violation 
                        that he or she was a citizen, the alien 
                        shall not be considered to be 
                        inadmissible under any provision of 
                        this subsection based on such 
                        violation.
                  (E) Former citizens who renounced citizenship 
                to avoid taxation.--Any alien who is a former 
                citizen of the United States who officially 
                renounces United States citizenship and who is 
                determined by the Attorney General to have 
                renounced United States citizenship for the 
                purpose of avoiding taxation by the United 
                States is inadmissible.
  (b) Notices of Denials.--
          (1) Subject to paragraphs (2) and (3), if an alien's 
        application for a visa, for admission to the United 
        States, or for adjustment of status is denied by an 
        immigration or consular officer because the officer 
        determines the alien to be inadmissible under 
        subsection (a), the officer shall provide the alien 
        with a timely written notice that--
                  (A) states the determination, and
                  (B) lists the specific provision or 
                provisions of law under which the alien is 
                excludable or ineligible for entry or 
                adjustment of status.
          (2) The Secretary of State may waive the requirements 
        of paragraph (1) with respect to a particular alien or 
        any class or classes of inadmissible aliens.
          (3) Paragraph (1) does not apply to any alien 
        inadmissible under paragraph (2) or (3) of subsection 
        (a).
  (d)(1) The Attorney General shall determine whether a ground 
for inadmissible exists with respect to a nonimmigrant 
described in section 101(a)(15)(S). The Attorney General, in 
the Attorney General's discretion, may waive the application of 
subsection (a) (other than paragraph (3)(E)) in the case of a 
nonimmigrant described in section 101(a)(15)(S), if the 
Attorney General considers it to be in the national interest to 
do so. Nothing in this section shall be regarded as prohibiting 
the Immigration and Naturalization Service from instituting 
removal proceedings against an alien admitted as a nonimmigrant 
under section 101(a)(15)(S) for conduct committed after the 
alien's admission into the United States, or for conduct or a 
condition that was not disclosed to the Attorney General prior 
to the alien's admission as a nonimmigrant under section 
101(a)(15)(S).
  (3)(A) Except as provided in this subsection, an alien (i) 
who is applying for a nonimmigrant visa and is known or 
believed by the consular officer to be ineligible for such visa 
under subsection (a) (other than paragraphs (3)(A)(i)(I), 
(3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of 
paragraph (3)(E) of such subsection), may, after approval by 
the Attorney General of a recommendation by the Secretary of 
State or by the consular officer that the alien be admitted 
temporarily despite his inadmissibility, be granted such a visa 
and may be admitted into the United States temporarily as a 
nonimmigrant in the discretion of the Attorney General, or (ii) 
who is inadmissible under subsection (a) (other than paragraphs 
(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) 
and (ii) of paragraph (3)(E) of such subsection), but who is in 
possession of appropriate documents or is granted a waiver 
thereof and is seeking admission, may be admitted into the 
United States temporarily as a nonimmigrant in the discretion 
of the Attorney General. The Attorney General shall prescribe 
conditions, including exaction of such bonds as may be 
necessary, to control and regulate the admission and return of 
inadmissible aliens applying for temporary admission under this 
paragraph.
  (B)(i) The Secretary of State, after consultation with the 
Attorney General and the Secretary of Homeland Security, or the 
Secretary of Homeland Security, after consultation with the 
Secretary of State and the Attorney General, may determine in 
such Secretary's sole unreviewable discretion that subsection 
(a)(3)(B) shall not apply with respect to an alien within the 
scope of that subsection or that subsection (a)(3)(B)(vi)(III) 
shall not apply to a group within the scope of that subsection, 
except that no such waiver may be extended to an alien who is 
within the scope of subsection (a)(3)(B)(i)(II), no such waiver 
may be extended to an alien who is a member or representative 
of, has voluntarily and knowingly engaged in or endorsed or 
espoused or persuaded others to endorse or espouse or support 
terrorist activity on behalf of, or has voluntarily and 
knowingly received military-type training from a terrorist 
organization that is described in subclause (I) or (II) of 
subsection (a)(3)(B)(vi), and no such waiver may be extended to 
a group that has engaged terrorist activity against the United 
States or another democratic country or that has purposefully 
engaged in a pattern or practice of terrorist activity that is 
directed at civilians. Such a determination shall neither 
prejudice the ability of the United States Government to 
commence criminal or civil proceedings involving a beneficiary 
of such a determination or any other person, nor create any 
substantive or procedural right or benefit for a beneficiary of 
such a determination or any other person. Notwithstanding any 
other provision of law (statutory or nonstatutory), including 
section 2241 of title 28, or any other habeas corpus provision, 
and sections 1361 and 1651 of such title, no court shall have 
jurisdiction to review such a determination or revocation 
except in a proceeding for review of a final order of removal 
pursuant to section 1252 of this title, and review shall be 
limited to the extent provided in section 1252(a)(2)(D). The 
Secretary of State may not exercise the discretion provided in 
this clause with respect to an alien at any time during which 
the alien is the subject of pending removal proceedings under 
section 1229a of this title.
  (ii) Not later than 90 days after the end of each fiscal 
year, the Secretary of State and the Secretary of Homeland 
Security shall each provide to the Committees on the Judiciary 
of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of 
Representatives, the Committee on Foreign Relations of the 
Senate, and the Committee on Homeland Security of the House of 
Representatives a report on the aliens to whom such Secretary 
has applied clause (i). Within one week of applying clause (i) 
to a group, the Secretary of State or the Secretary of Homeland 
Security shall provide a report to such Committees.
  (4) Either or both of the requirements of paragraph (7)(B)(i) 
of subsection (a) may be waived by the Attorney General and the 
Secretary of State acting jointly (A) on the basis of 
unforeseen emergency in individual cases, or (B) on the basis 
of reciprocity with respect to nationals of foreign contiguous 
territory or of adjacent islands and residents thereof having a 
common nationality with such nationals, or (C) in the case of 
aliens proceeding in immediate and continuous transit through 
the United States under contracts authorized in section 238(c).
  (5)(A) The Attorney General may, except as provided in 
subparagraph (B) or in section 214(f), in his discretion parole 
into the United States temporarily under such conditions as he 
may prescribe only on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit any alien 
applying for admission to the United States, but such parole of 
such alien shall not be regarded as an admission of the alien 
and when the purposes of such parole shall, in the opinion of 
the Attorney General, have been served the alien shall 
forthwith return or be returned to the custody from which he 
was paroled and thereafter his case shall continue to be dealt 
with in the same manner as that of any other applicant for 
admission to the United States.
  (B) The Attorney General may not parole into the United 
States an alien who is a refugee unless the Attorney General 
determines that compelling reasons in the public interest with 
respect to that particular alien require that the alien be 
paroled into the United States rather than be admitted as a 
refugee under section 207.
  (7) The provisions of subsection (a) (other than paragraph 
(7)) shall be applicable to any alien who shall leave Guam, the 
Commonwealth of the Northern Mariana Islands, Puerto Rico, or 
the Virgin Islands of the United States, and who seeks to enter 
the continental United States or any other place under the 
jurisdiction of the United States. Any alien described in this 
paragraph, who is denied admission to the United States, shall 
be immediately removed in the manner provided by section 241(c) 
of this Act.
  (8) Upon a basis of reciprocity accredited officials of 
foreign governments, their immediate families, attendants, 
servants, and personal employees may be admitted in immediate 
and continuous transit through the United States without regard 
to the provisions of this section except paragraphs (3)(A), 
(3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
  (11) The Attorney General may, in his discretion for 
humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest, waive application of clause 
(i) of subsection (a)(6)(E) in the case of any alien lawfully 
admitted for permanent residence who temporarily proceeded 
abroad voluntarily and not under an order of removal, and who 
is otherwise admissible to the United States as a returning 
resident under section 211(b) and in the case of an alien 
seeking admission or adjustment of status as an immediate 
relative or immigrant under section 203(a) (other than 
paragraph (4) thereof), if the alien has encouraged, induced, 
assisted, abetted, or aided only an individual who at the time 
of such action was the alien's spouse, parent, son, or daughter 
(and no other individual) to enter the United States in 
violation of law.
  (12) The Attorney General may, in the discretion of the 
Attorney General for humanitarian purposes or to assure family 
unity, waive application of clause (i) of subsection 
(a)(6)(F)--
          (A) in the case of an alien lawfully admitted for 
        permanent residence who temporarily proceeded abroad 
        voluntarily and not under an order of deportation or 
        removal and who is otherwise admissible to the United 
        States as a returning resident under section 211(b), 
        and
          (B) in the case of an alien seeking admission or 
        adjustment of status under section 201(b)(2)(A) or 
        under section 203(a),
if no previous civil money penalty was imposed against the 
alien under section 274C and the offense was committed solely 
to assist, aid, or support the alien's spouse or child (and not 
another individual). No court shall have jurisdiction to review 
a decision of the Attorney General to grant or deny a waiver 
under this paragraph.
  (13)(A) The Secretary of Homeland Security shall determine 
whether a ground for inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(T), except that 
the ground for inadmissibility described in subsection (a)(4) 
shall not apply with respect to such a nonimmigrant.
  (B) In addition to any other waiver that may be available 
under this section, in the case of a nonimmigrant described in 
section 101(a)(15)(T), if the Secretary of Homeland Security 
considers it to be in the national interest to do so, the 
Secretary of Homeland Security, in the Attorney General's 
discretion, may waive the application of--
          (i) subsection (a)(1); and
          (ii) any other provision of subsection (a) (excluding 
        paragraphs (3), (4), (10)(C), and (10(E)) if the 
        activities rendering the alien inadmissible under the 
        provision were caused by, or were incident to, the 
        victimization described in section 101(a)(15)(T)(i)(I).
  (14) The Secretary of Homeland Security shall determine 
whether a ground of inadmissibility exists with respect to a 
nonimmigrant described in section 101(a)(15)(U). The Secretary 
of Homeland Security, in the Attorney General's discretion, may 
waive the application of subsection (a) (other than paragraph 
(3)(E)) in the case of a nonimmigrant described in section 
101(a)(15)(U), if the Secretary of Homeland Security considers 
it to be in the public or national interest to do so.
  (e) No person admitted under section 101(a)(15)(J) or 
acquiring such status after admission (i) whose participation 
in the program for which he came to the United States was 
financed in whole or in part, directly or indirectly, by an 
agency of the Government of the United States or by the 
government of the country of his nationality or his last 
residence, (ii) who at the time of admission or acquisition of 
status under section 101(a)(15)(J) was a national or resident 
of a country which the Director of the United States 
Information Agency pursuant to regulations prescribed by him, 
had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which 
the alien was engaged, or (iii) who came to the United States 
or acquired such status in order to receive graduate medical 
education or training, shall be eligible to apply for an 
immigrant visa, or for permanent residence, or for a 
nonimmigrant visa under section 101(a)(15)(H) or section 
101(a)(15)(L) until it is established that such person has 
resided and been physically present in the country of his 
nationality or his last residence for an aggregate of a least 
two years following departure from the United States: Provided, 
That upon the favorable recommendation of the Director, 
pursuant to the request of an interested United States 
Government agency (or, in the case of an alien described in 
clause (iii), pursuant to the request of a State Department of 
Public Health, or its equivalent), or of the Commissioner of 
Immigration and Naturalization after he has determined that 
departure from the United States would impose exceptional 
hardship upon the alien's spouse or child (if such spouse or 
child is a citizen of the United States or a lawfully resident 
alien), or that the alien cannot return to the country of his 
nationality or last residence because he would be subject to 
persecution on account of race, religion, or political opinion, 
the Attorney General may waive the requirement of such two-year 
foreign residence abroad in the case of any alien whose 
admission to the United States is found by the Attorney General 
to be in the public interest except that in the case of a 
waiver requested by a State Department of Public Health, or its 
equivalent, or in the case of a waiver requested by an 
interested United States Government agency on behalf of an 
alien described in clause (iii), the waiver shall be subject to 
the requirements of section 214(l): And provided further, That, 
except in the case of an alien described in clause (iii), the 
Attorney General may, upon the favorable recommendation of the 
Director, waive such two-year foreign residence requirement in 
any case in which the foreign country of the alien's 
nationality or last residence has furnished the Director a 
statement in writing that it has no objection to such waiver in 
the case of such alien.
  (f) Whenever the President finds that the entry of any aliens 
or of any class of aliens into the United States would be 
detrimental to the interests of the United States, he may by 
proclamation, and for such period as he shall deem necessary, 
suspend the entry of all aliens or any class of aliens as 
immigrants or nonimmigrants, or impose on the entry of aliens 
any restrictions he may deem to be appropriate. Whenever the 
Attorney General finds that a commercial airline has failed to 
comply with regulations of the Attorney General relating to 
requirements of airlines for the detection of fraudulent 
documents used by passengers traveling to the United States 
(including the training of personnel in such detection), the 
Attorney General may suspend the entry of some or all aliens 
transported to the United States by such airline.
  (g) The Attorney General may waive the application of--
          (1) subsection (a)(1)(A)(i) in the case of any alien 
        who--
                  (A) is the spouse or the unmarried son or 
                daughter, or the minor unmarried lawfully 
                adopted child, of a United States citizen, or 
                of an alien lawfully admitted for permanent 
                residence, or of an alien who has been issued 
                an immigrant visa,
                  (B) has a son or daughter who is a United 
                States citizen, or an alien lawfully admitted 
                for permanent residence, or an alien who has 
                been issued an immigrant visa; or
                  (C) is a VAWA self-petitioner,
        in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe;
          (2) subsection (a)(1)(A)(ii) in the case of any 
        alien--
                  (A) who receives vaccination against the 
                vaccine-preventable disease or diseases for 
                which the alien has failed to present 
                documentation of previous vaccination,
                  (B) for whom a civil surgeon, medical 
                officer, or panel physician (as those terms are 
                defined by section 34.2 of title 42 of the Code 
                of Federal Regulations) certifies, according to 
                such regulations as the Secretary of Health and 
                Human Services may prescribe, that such 
                vaccination would not be medically appropriate, 
                or
                  (C) under such circumstances as the Attorney 
                General provides by regulation, with respect to 
                whom the requirement of such a vaccination 
                would be contrary to the alien's religious 
                beliefs or moral convictions; or
          (3) subsection (a)(1)(A)(iii) in the case of any 
        alien, in accordance with such terms, conditions, and 
        controls, if any, including the giving of bond, as the 
        Attorney General, in the discretion of the Attorney 
        General after consultation with the Secretary of Health 
        and Human Services, may by regulation prescribe.
  (h) The Attorney General may, in his discretion, waive the 
application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
subsection (a)(2) and subparagraph (A)(i)(II) of such 
subsection insofar as it relates to a single offense of simple 
possession of 30 grams or less of marijuana if--
          (1)(A) in the case of any immigrant it is established 
        to the satisfaction of the Attorney General that--
                  (i) the alien is inadmissible only under 
                subparagraph (D)(i) or (D)(ii) of such 
                subsection or the activities for which the 
                alien is inadmissible occurred more than 15 
                years before the date of the alien's 
                application for a visa, admission, or 
                adjustment of status,
                  (ii) the admission to the United States of 
                such alien would not be contrary to the 
                national welfare, safety, or security of the 
                United States, and
                  (iii) the alien has been rehabilitated; or
          (B) in the case of an immigrant who is the spouse, 
        parent, son, or daughter of a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence if it is established to the satisfaction of 
        the Attorney General that the alien's denial of 
        admission would result in extreme hardship to the 
        United States citizen or lawfully resident spouse, 
        parent, son, or daughter of such alien; or
                  (C) the alien is a VAWA self-petitioner; and
          (2) the Attorney General, in his discretion, and 
        pursuant to such terms, conditions and procedures as he 
        may by regulations prescribe, has consented to the 
        alien's applying or reapplying for a visa, for 
        admission to the United States, or adjustment of 
        status.
No waiver shall be provided under this subsection in the case 
of an alien who has been convicted of (or who has admitted 
committing acts that constitute) murder or criminal acts 
involving torture, or an attempt or conspiracy to commit murder 
or a criminal act involving torture. No waiver shall be granted 
under this subsection in the case of an alien who has 
previously been admitted to the United States as an alien 
lawfully admitted for permanent residence if either since the 
date of such admission the alien has been convicted of an 
aggravated felony or the alien has not lawfully resided 
continuously in the United States for a period of not less than 
7 years immediately preceding the date of initiation of 
proceedings to remove the alien from the United States. No 
court shall have jurisdiction to review a decision of the 
Attorney General to grant or deny a waiver under this 
subsection.
  (i)(1) The Attorney General may, in the discretion of the 
Attorney General, waive the application of clause (i) of 
subsection (a)(6)(C) in the case of an immigrant who is the 
spouse, son, or daughter of a United States citizen or of an 
alien lawfully admitted for permanent residence if it is 
established to the satisfaction of the Attorney General that 
the refusal of admission to the United States of such immigrant 
alien would result in extreme hardship to the citizen or 
lawfully resident spouse or parent of such an alien or, in the 
case of a VAWA self-petitioner, the alien demonstrates extreme 
hardship to the alien or the alien's United States citizen, 
lawful permanent resident, or qualified alien parent or child.
  (2) No court shall have jurisdiction to review a decision or 
action of the Attorney General regarding a waiver under 
paragraph (1).
  (j)(1) The additional requirements referred to in section 
101(a)(15)(J) for an alien who is coming to the United States 
under a program under which he will receive graduate medical 
education or training are as follows:
          (A) A school of medicine or of one of the other 
        health professions, which is accredited by a body or 
        bodies approved for the purpose by the Secretary of 
        Education, has agreed in writing to provide the 
        graduate medical education or training under the 
        program for which the alien is coming to the United 
        States or to assume responsibility for arranging for 
        the provision thereof by an appropriate public or 
        nonprofit private institution or agency, except that, 
        in the case of such an agreement by a school of 
        medicine, any one or more of its affiliated hospitals 
        which are to participate in the provision of the 
        graduate medical education or training must join in the 
        agreement.
          (B) Before making such agreement, the accredited 
        school has been satisfied that the alien (i) is a 
        graduate of a school of medicine which is accredited by 
        a body or bodies approved for the purpose by the 
        Secretary of Education (regardless of whether such 
        school of medicine is in the United States); or (ii)(I) 
        has passed parts I and II of the National Board of 
        Medical Examiners Examination (or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services), (II) has competency in oral and 
        written English, (III) will be able to adapt to the 
        educational and cultural environment in which he will 
        be receiving his education or training, and (IV) has 
        adequate prior education and training to participate 
        satisfactorily in the program for which he is coming to 
        the United States. For the purposes of this 
        subparagraph, an alien who is a graduate of a medical 
        school shall be considered to have passed parts I and 
        II of the National Board of Medical Examiners 
        examination if the alien was fully and permanently 
        licensed to practice medicine in a State on January 9, 
        1978, and was practicing medicine in a State on that 
        date.
          (C) The alien has made a commitment to return to the 
        country of his nationality or last residence upon 
        completion of the education or training for which he is 
        coming to the United States, and the government of the 
        country of his nationality or last residence has 
        provided a written assurance, satisfactory to the 
        Secretary of Health and Human Services, that there is a 
        need in that country for persons with the skills the 
        alien will acquire in such education or training.
          (D) The duration of the alien's participation in the 
        program of graduate medical education or training for 
        which the alien is coming to the United States is 
        limited to the time typically required to complete such 
        program, as determined by the Director of the United 
        States Information Agency at the time of the alien's 
        admission into the United States, based on criteria 
        which are established in coordination with the 
        Secretary of Health and Human Services and which take 
        into consideration the published requirements of the 
        medical specialty board which administers such 
        education or training program; except that--
                  (i) such duration is further limited to seven 
                years unless the alien has demonstrated to the 
                satisfaction of the Director that the country 
                to which the alien will return at the end of 
                such specialty education or training has an 
                exceptional need for an individual trained in 
                such specialty, and
                  (ii) the alien may, once and not later than 
                two years after the date the alien is admitted 
                to the United States as an exchange visitor or 
                acquires exchange visitor status, change the 
                alien's designated program of graduate medical 
                education or training if the Director approves 
                the change and if a commitment and written 
                assurance with respect to the alien's new 
                program have been provided in accordance with 
                subparagraph (C).
          (E) The alien furnishes the Attorney General each 
        year with an affidavit (in such form as the Attorney 
        General shall prescribe) that attests that the alien 
        (i) is in good standing in the program of graduate 
        medical education or training in which the alien is 
        participating, and (ii) will return to the country of 
        his nationality or last residence upon completion of 
        the education or training for which he came to the 
        United States.
  (2) An alien who is a graduate of a medical school and who is 
coming to the United States to perform services as a member of 
the medical profession may not be admitted as a nonimmigrant 
under section 101(a)(15)(H)(i)(b) unless--
          (A) the alien is coming pursuant to an invitation 
        from a public or nonprofit private educational or 
        research institution or agency in the United States to 
        teach or conduct research, or both, at or for such 
        institution or agency, or
          (B)(i) the alien has passed the Federation licensing 
        examination (administered by the Federation of State 
        Medical Boards of the United States) or an equivalent 
        examination as determined by the Secretary of Health 
        and Human Services, and
          (ii)(I) has competency in oral and written English or 
        (II) is a graduate of a school of medicine which is 
        accredited by a body or bodies approved for the purpose 
        by the Secretary of Education (regardless of whether 
        such school of medicine is in the United States).
  (3) The Director of the United States Information Agency 
annually shall transmit to the Congress a report on aliens who 
have submitted affidavits described in paragraph (1)(E), and 
shall include in such report the name and address of each such 
alien, the medical education or training program in which such 
alien is participating, and the status of such alien in that 
program.
  (k) Any alien, inadmissible from the United States under 
paragraph (5)(A) or (7)(A)(i) of subsection (a), who is in 
possession of an immigrant visa may, if otherwise admissible, 
be admitted in the discretion of the Attorney General if the 
Attorney General is satisfied that inadmissibility was not 
known to, and could not have been ascertained by the exercise 
of reasonable diligence by, the immigrant before the time of 
departure of the vessel or aircraft from the last port outside 
the United States and outside foreign contiguous territory or, 
in the case of an immigrant coming from foreign contiguous 
territory, before the time of the immigrant's application for 
admission.
  (l) Guam and Northern Mariana Islands Visa Waiver Program.--
          (1) In general.--The requirement of subsection 
        (a)(7)(B)(i) may be waived by the Secretary of Homeland 
        Security, in the case of an alien applying for 
        admission as a nonimmigrant visitor for business or 
        pleasure and solely for entry into and stay in Guam or 
        the Commonwealth of the Northern Mariana Islands for a 
        period not to exceed 45 days, if the Secretary of 
        Homeland Security, after consultation with the 
        Secretary of the Interior, the Secretary of State, the 
        Governor of Guam and the Governor of the Commonwealth 
        of the Northern Mariana Islands, determines that--
                  (A) an adequate arrival and departure control 
                system has been developed in Guam and the 
                Commonwealth of the Northern Mariana Islands; 
                and
                  (B) such a waiver does not represent a threat 
                to the welfare, safety, or security of the 
                United States or its territories and 
                commonwealths.
          (2) Alien waiver of rights.--An alien may not be 
        provided a waiver under this subsection unless the 
        alien has waived any right--
                  (A) to review or appeal under this Act an 
                immigration officer's determination as to the 
                admissibility of the alien at the port of entry 
                into Guam or the Commonwealth of the Northern 
                Mariana Islands; or
                  (B) to contest, other than on the basis of an 
                application for withholding of removal under 
                section 241(b)(3) of this Act or under the 
                Convention Against Torture, or an application 
                for asylum if permitted under section 208, any 
                action for removal of the alien.
          (3) Regulations.--All necessary regulations to 
        implement this subsection shall be promulgated by the 
        Secretary of Homeland Security, in consultation with 
        the Secretary of the Interior and the Secretary of 
        State, on or before the 180th day after the date of 
        enactment of the Consolidated Natural Resources Act of 
        2008. The promulgation of such regulations shall be 
        considered a foreign affairs function for purposes of 
        section 553(a) of title 5, United States Code. At a 
        minimum, such regulations should include, but not 
        necessarily be limited to--
                  (A) a listing of all countries whose 
                nationals may obtain the waiver also provided 
                by this subsection, except that such 
                regulations shall provide for a listing of any 
                country from which the Commonwealth has 
                received a significant economic benefit from 
                the number of visitors for pleasure within the 
                one-year period preceding the date of enactment 
                of the Consolidated Natural Resources Act of 
                2008, unless the Secretary of Homeland Security 
                determines that such country's inclusion on 
                such list would represent a threat to the 
                welfare, safety, or security of the United 
                States or its territories; and
                  (B) any bonding requirements for nationals of 
                some or all of those countries who may present 
                an increased risk of overstays or other 
                potential problems, if different from such 
                requirements otherwise provided by law for 
                nonimmigrant visitors.
          (4) Factors.--In determining whether to grant or 
        continue providing the waiver under this subsection to 
        nationals of any country, the Secretary of Homeland 
        Security, in consultation with the Secretary of the 
        Interior and the Secretary of State, shall consider all 
        factors that the Secretary deems relevant, including 
        electronic travel authorizations, procedures for 
        reporting lost and stolen passports, repatriation of 
        aliens, rates of refusal for nonimmigrant visitor 
        visas, overstays, exit systems, and information 
        exchange.
          (5) Suspension.--The Secretary of Homeland Security 
        shall monitor the admission of nonimmigrant visitors to 
        Guam and the Commonwealth of the Northern Mariana 
        Islands under this subsection. If the Secretary 
        determines that such admissions have resulted in an 
        unacceptable number of visitors from a country 
        remaining unlawfully in Guam or the Commonwealth of the 
        Northern Mariana Islands, unlawfully obtaining entry to 
        other parts of the United States, or seeking 
        withholding of removal or asylum, or that visitors from 
        a country pose a risk to law enforcement or security 
        interests of Guam or the Commonwealth of the Northern 
        Mariana Islands or of the United States (including the 
        interest in the enforcement of the immigration laws of 
        the United States), the Secretary shall suspend the 
        admission of nationals of such country under this 
        subsection. The Secretary of Homeland Security may in 
        the Secretary's discretion suspend the Guam and 
        Northern Mariana Islands visa waiver program at any 
        time, on a country-by-country basis, for other good 
        cause.
          (6) Addition of countries.--The Governor of Guam and 
        the Governor of the Commonwealth of the Northern 
        Mariana Islands may request the Secretary of the 
        Interior and the Secretary of Homeland Security to add 
        a particular country to the list of countries whose 
        nationals may obtain the waiver provided by this 
        subsection, and the Secretary of Homeland Security may 
        grant such request after consultation with the 
        Secretary of the Interior and the Secretary of State, 
        and may promulgate regulations with respect to the 
        inclusion of that country and any special requirements 
        the Secretary of Homeland Security, in the Secretary's 
        sole discretion, may impose prior to allowing nationals 
        of that country to obtain the waiver provided by this 
        subsection.
  (m)(1) The qualifications referred to in section 
101(a)(15)(H)(i)(c), with respect to an alien who is coming to 
the United States to perform nursing services for a facility, 
are that the alien--
          (A) has obtained a full and unrestricted license to 
        practice professional nursing in the country where the 
        alien obtained nursing education or has received 
        nursing education in the United States;
          (B) has passed an appropriate examination (recognized 
        in regulations promulgated in consultation with the 
        Secretary of Health and Human Services) or has a full 
        and unrestricted license under State law to practice 
        professional nursing in the State of intended 
        employment; and
          (C) is fully qualified and eligible under the laws 
        (including such temporary or interim licensing 
        requirements which authorize the nurse to be employed) 
        governing the place of intended employment to engage in 
        the practice of professional nursing as a registered 
        nurse immediately upon admission to the United States 
        and is authorized under such laws to be employed by the 
        facility.
  (2)(A) The attestation referred to in section 
101(a)(15)(H)(i)(c), with respect to a facility for which an 
alien will perform services, is an attestation as to the 
following:
          (i) The facility meets all the requirements of 
        paragraph (6).
          (ii) The employment of the alien will not adversely 
        affect the wages and working conditions of registered 
        nurses similarly employed.
          (iii) The alien employed by the facility will be paid 
        the wage rate for registered nurses similarly employed 
        by the facility.
          (iv) The facility has taken and is taking timely and 
        significant steps designed to recruit and retain 
        sufficient registered nurses who are United States 
        citizens or immigrants who are authorized to perform 
        nursing services, in order to remove as quickly as 
        reasonably possible the dependence of the facility on 
        nonimmigrant registered nurses.
          (v) There is not a strike or lockout in the course of 
        a labor dispute, the facility did not lay off and will 
        not lay off a registered nurse employed by the facility 
        within the period beginning 90 days before and ending 
        90 days after the date of filing of any visa petition, 
        and the employment of such an alien is not intended or 
        designed to influence an election for a bargaining 
        representative for registered nurses of the facility.
          (vi) At the time of the filing of the petition for 
        registered nurses under section 101(a)(15)(H)(i)(c), 
        notice of the filing has been provided by the facility 
        to the bargaining representative of the registered 
        nurses at the facility or, where there is no such 
        bargaining representative, notice of the filing has 
        been provided to the registered nurses employed at the 
        facility through posting in conspicuous locations.
          (vii) The facility will not, at any time, employ a 
        number of aliens issued visas or otherwise provided 
        nonimmigrant status under section 101(a)(15)(H)(i)(c) 
        that exceeds 33 percent of the total number of 
        registered nurses employed by the facility.
          (viii) The facility will not, with respect to any 
        alien issued a visa or otherwise provided nonimmigrant 
        status under section 101(a)(15)(H)(i)(c)--
                  (I) authorize the alien to perform nursing 
                services at any worksite other than a worksite 
                controlled by the facility; or
                  (II) transfer the place of employment of the 
                alien from one worksite to another.
        Nothing in clause (iv) shall be construed as requiring 
        a facility to have taken significant steps described in 
        such clause before the date of the enactment of the 
        Nursing Relief for Disadvantaged Areas Act of 1999. A 
        copy of the attestation shall be provided, within 30 
        days of the date of filing, to registered nurses 
        employed at the facility on the date of filing.
  (B) For purposes of subparagraph (A)(iv), each of the 
following shall be considered a significant step reasonably 
designed to recruit and retain registered nurses:
          (i) Operating a training program for registered 
        nurses at the facility or financing (or providing 
        participation in) a training program for registered 
        nurses elsewhere.
          (ii) Providing career development programs and other 
        methods of facilitating health care workers to become 
        registered nurses.
          (iii) Paying registered nurses wages at a rate higher 
        than currently being paid to registered nurses 
        similarly employed in the geographic area.
          (iv) Providing reasonable opportunities for 
        meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be 
considered to be an exclusive list of the significant steps 
that may be taken to meet the conditions of subparagraph 
(A)(iv). Nothing in this subparagraph shall require a facility 
to take more than one step if the facility can demonstrate that 
taking a second step is not reasonable.
  (C) Subject to subparagraph (E), an attestation under 
subparagraph (A)--
          (i) shall expire on the date that is the later of--
                  (I) the end of the one-year period beginning 
                on the date of its filing with the Secretary of 
                Labor; or
                  (II) the end of the period of admission under 
                section 101(a)(15)(H)(i)(c) of the last alien 
                with respect to whose admission it was applied 
                (in accordance with clause (ii)); and
          (ii) shall apply to petitions filed during the one-
        year period beginning on the date of its filing with 
        the Secretary of Labor if the facility states in each 
        such petition that it continues to comply with the 
        conditions in the attestation.
  (D) A facility may meet the requirements under this paragraph 
with respect to more than one registered nurse in a single 
petition.
  (E)(i) The Secretary of Labor shall compile and make 
available for public examination in a timely manner in 
Washington, D.C., a list identifying facilities which have 
filed petitions for nonimmigrants under section 
101(a)(15)(H)(i)(c) and, for each such facility, a copy of the 
facility's attestation under subparagraph (A) (and accompanying 
documentation) and each such petition filed by the facility.
  (ii) The Secretary of Labor shall establish a process, 
including reasonable time limits, for the receipt, 
investigation, and disposition of complaints respecting a 
facility's failure to meet conditions attested to or a 
facility's misrepresentation of a material fact in an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives, 
associations deemed appropriate by the Secretary, and other 
aggrieved parties as determined under regulations of the 
Secretary). The Secretary shall conduct an investigation under 
this clause if there is reasonable cause to believe that a 
facility fails to meet conditions attested to. Subject to the 
time limits established under this clause, this subparagraph 
shall apply regardless of whether an attestation is expired or 
unexpired at the time a complaint is filed.
  (iii) Under such process, the Secretary shall provide, within 
180 days after the date such a complaint is filed, for a 
determination as to whether or not a basis exists to make a 
finding described in clause (iv). If the Secretary determines 
that such a basis exists, the Secretary shall provide for 
notice of such determination to the interested parties and an 
opportunity for a hearing on the complaint within 60 days of 
the date of the determination.
  (iv) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that a facility (for which an 
attestation is made) has failed to meet a condition attested to 
or that there was a misrepresentation of material fact in the 
attestation, the Secretary shall notify the Attorney General of 
such finding and may, in addition, impose such other 
administrative remedies (including civil monetary penalties in 
an amount not to exceed $1,000 per nurse per violation, with 
the total penalty not to exceed $10,000 per violation) as the 
Secretary determines to be appropriate. Upon receipt of such 
notice, the Attorney General shall not approve petitions filed 
with respect to a facility during a period of at least one year 
for nurses to be employed by the facility.
  (v) In addition to the sanctions provided for under clause 
(iv), if the Secretary of Labor finds, after notice and an 
opportunity for a hearing, that a facility has violated the 
condition attested to under subparagraph (A)(iii) (relating to 
payment of registered nurses at the prevailing wage rate), the 
Secretary shall order the facility to provide for payment of 
such amounts of back pay as may be required to comply with such 
condition.
  (F)(i) The Secretary of Labor shall impose on a facility 
filing an attestation under subparagraph (A) a filing fee, in 
an amount prescribed by the Secretary based on the costs of 
carrying out the Secretary's duties under this subsection, but 
not exceeding $250.
  (ii) Fees collected under this subparagraph shall be 
deposited in a fund established for this purpose in the 
Treasury of the United States.
  (iii) The collected fees in the fund shall be available to 
the Secretary of Labor, to the extent and in such amounts as 
may be provided in appropriations Acts, to cover the costs 
described in clause (i), in addition to any other funds that 
are available to the Secretary to cover such costs.
  (3) The period of admission of an alien under section 
101(a)(15)(H)(i)(c) shall be 3 years.
  (4) The total number of nonimmigrant visas issued pursuant to 
petitions granted under section 101(a)(15)(H)(i)(c) in each 
fiscal year shall not exceed 500. The number of such visas 
issued for employment in each State in each fiscal year shall 
not exceed the following:
          (A) For States with populations of less than 
        9,000,000, based upon the 1990 decennial census of 
        population, 25 visas.
          (B) For States with populations of 9,000,000 or more, 
        based upon the 1990 decennial census of population, 50 
        visas.
          (C) If the total number of visas available under this 
        paragraph for a fiscal year quarter exceeds the number 
        of qualified nonimmigrants who may be issued such visas 
        during those quarters, the visas made available under 
        this paragraph shall be issued without regard to the 
        numerical limitation under subparagraph (A) or (B) of 
        this paragraph during the last fiscal year quarter.
  (5) A facility that has filed a petition under section 
101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing 
services for the facility--
          (A) shall provide the nonimmigrant a wage rate and 
        working conditions commensurate with those of nurses 
        similarly employed by the facility;
          (B) shall require the nonimmigrant to work hours 
        commensurate with those of nurses similarly employed by 
        the facility; and
          (C) shall not interfere with the right of the 
        nonimmigrant to join or organize a union.
  (6) For purposes of this subsection and section 
101(a)(15)(H)(i)(c), the term ``facility'' means a subsection 
(d) hospital (as defined in section 1886(d)(1)(B) of the Social 
Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the 
following requirements:
          (A) As of March 31, 1997, the hospital was located in 
        a health professional shortage area (as defined in 
        section 332 of the Public Health Service Act (42 U.S.C. 
        254e)).
          (B) Based on its settled cost report filed under 
        title XVIII of the Social Security Act for its cost 
        reporting period beginning during fiscal year 1994--
                  (i) the hospital has not less than 190 
                licensed acute care beds;
                  (ii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were entitled to 
                benefits under part A of such title is not less 
                than 35 percent of the total number of such 
                hospital's acute care inpatient days for such 
                period; and
                  (iii) the number of the hospital's inpatient 
                days for such period which were made up of 
                patients who (for such days) were eligible for 
                medical assistance under a State plan approved 
                under title XIX of the Social Security Act, is 
                not less than 28 percent of the total number of 
                such hospital's acute care inpatient days for 
                such period.
          (7) For purposes of paragraph (2)(A)(v), the term 
        ``lay off'', with respect to a worker--
                  (A) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (B) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
        Nothing in this paragraph is intended to limit an 
        employee's or an employer's rights under a collective 
        bargaining agreement or other employment contract.
  (n)(1) No alien may be admitted or provided status as an H-1B 
nonimmigrant in an occupational classification unless the 
employer has filed with the Secretary of Labor an application 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status as an H-1B 
                nonimmigrant wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question, or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the application, [and]
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed[.], and
                  (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.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        application--
                  (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
                  [(i) has provided]
                  (ii)(I) has provided  notice of the filing 
                under this paragraph to the bargaining 
                representative (if any) of the employer's 
                employees in the occupational classification 
                and area for which aliens are sought, or
                  [(ii)] (II) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which H-1B 
                nonimmigrants are sought.
          (D) The application shall contain the prevailing wage 
        determination methodology used under subparagraph 
        (A)(i)(II), a specification of the number of workers 
        sought, the occupational classification in which the 
        workers will be employed, and wage rate and conditions 
        under which they will be employed.
          (E)(i) In the case of an application described in 
        clause (ii), the employer did not displace and will not 
        displace a United States worker (as defined in 
        paragraph (4)) employed by the employer within the 
        period beginning 90 days before and ending 90 days 
        after the date of filing of any visa petition supported 
        by the application.
          (ii) An application described in this clause is an 
        application filed on or after the date final 
        regulations are first promulgated to carry out this 
        subparagraph, and before by an H-1B-dependent employer 
        (as defined in paragraph (3)) or by an employer that 
        has been found, on or after the date of the enactment 
        of the American Competitiveness and Workforce 
        Improvement Act of 1998, under paragraph (2)(C) or (5) 
        to have committed a willful failure or 
        misrepresentation during the 5-year period preceding 
        the filing of the application. An application is not 
        described in this clause if the only H-1B nonimmigrants 
        sought in the application are exempt H-1B 
        nonimmigrants.
          (F) In the case of an application described in 
        subparagraph (E)(ii), the employer will not place the 
        nonimmigrant with another employer (regardless of 
        whether or not such other employer is an H-1B-dependent 
        employer) where--
                  (i) the nonimmigrant performs duties in whole 
                or in part at one or more worksites owned, 
                operated, or controlled by such other employer; 
                and
                  (ii) there are indicia of an employment 
                relationship between the nonimmigrant and such 
                other employer;
        unless the employer has inquired of the other employer 
        as to whether, and has no knowledge that, within the 
        period beginning 90 days before and ending 90 days 
        after the date of the placement of the nonimmigrant 
        with the other employer, the other employer has 
        displaced or intends to displace a United States worker 
        employed by the other employer.
          (G)(i) In the case of an application described in 
        subparagraph (E)(ii), subject to clause (ii), the 
        employer, prior to filing the application--
                  (I) has taken good faith steps to recruit, in 
                the United States using procedures that meet 
                industry-wide standards and offering 
                compensation that is at least as great as that 
                required to be offered to H-1B nonimmigrants 
                under subparagraph (A), United States workers 
                for the job for which the nonimmigrant or 
                nonimmigrants is or are sought; and
                  (II) has offered the job to any United States 
                worker who applies and is equally or better 
                qualified for the job for which the 
                nonimmigrant or nonimmigrants is or are sought.
          (ii) The conditions described in clause (i) shall not 
        apply to an application filed with respect to the 
        employment of an H-1B nonimmigrant who is described in 
        subparagraph (A), (B), or (C) of section 203(b)(1).
          (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.
          (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).
The employer shall make available for public examination, 
within one working day after the date on which an application 
under this paragraph is filed, at the employer's principal 
place of business or worksite, a copy of each such application 
(and such accompanying documents as are necessary). The 
Secretary shall compile, on a current basis, a list (by 
employer and by occupational classification) of the 
applications filed under this subsection. Such list shall 
include the wage rate, number of aliens sought, period of 
intended employment, and date of need. The Secretary shall make 
such list available for public examination in Washington, D.C., 
and through the internet website of the Department of Labor, 
without charge. The Secretary of Labor shall review such an 
application [only for completeness] for completeness, clear 
indicators of fraud or misrepresentation of material fact, and 
obvious inaccuracies. Unless the Secretary finds that the 
application is incomplete [or obviously inaccurate], presents 
clear indicators of fraud or misrepresentation of material 
fact, or is obviously inaccurate, the Secretary shall provide 
the certification described in section 101(a)(15)(H)(i)(b) 
within 7 days of the date of the filing of the application. The 
application form shall include a clear statement explaining the 
liability under subparagraph (F) of a placing employer if the 
other employer described in such subparagraph displaces a 
United States worker as described in such subparagraph. Nothing 
in subparagraph (G) shall be construed to prohibit an employer 
from using legitimate selection criteria relevant to the job 
that are normal or customary to the type of job involved, so 
long as such criteria are not applied in a discriminatory 
manner. 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).
  (2)(A)(i) Subject to paragraph (5)(A), the Secretary shall 
establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner's failure to 
meet a condition specified in an application submitted under 
paragraph (1) or a petitioner's misrepresentation of material 
facts in such an application. Complaints may be filed by any 
aggrieved person or organization (including bargaining 
representatives). No investigation or hearing shall be 
conducted on a complaint concerning such a failure or 
misrepresentation unless the complaint was filed not later than 
12 months after the date of the failure or misrepresentation, 
respectively. [The Secretary shall conduct an investigation 
under this paragraph if there is reasonable cause to believe 
that such a failure or misrepresentation has occurred.]
  (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.
  (B) Under such process, the Secretary shall provide, within 
30 days after the date such a complaint is filed, for a 
determination as to whether or not a reasonable basis exists to 
make a finding described in subparagraph (C). If the Secretary 
determines that such a reasonable basis exists, the Secretary 
shall provide for notice of such determination to the 
interested parties and an opportunity for a hearing on the 
complaint, in accordance with section 556 of title 5, United 
States Code, within 60 days after the date of the 
determination. If such a hearing is requested, the Secretary 
shall make a finding concerning the matter by not later than 60 
days after the date of the hearing. In the case of similar 
complaints respecting the same applicant, the Secretary may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary finds, after notice and opportunity 
for a hearing, a failure to meet [a condition of paragraph 
(1)(B), (1)(E), or (1)(F)] a condition of paragraph (1)(B), 
(1)(E), (1)(F), (1)(H), or (1)(I), a substantial failure to 
meet a condition of paragraph (1)(C), (1)(D), or (1)(G)(i)(I), 
or a misrepresentation of material fact in an application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed [$1,000] $3,000 
        per violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 1 year for aliens 
        to be employed by the employer.
  (ii) If the Secretary finds, after notice and opportunity for 
a hearing, a willful failure to meet a condition of paragraph 
(1), a willful misrepresentation of material fact in an 
application, or a violation of clause (iv)--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed [$5,000] $15,000 
        per violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General 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.
  (iii) If the Secretary finds, after notice and opportunity 
for a hearing, a willful failure to meet a condition of 
paragraph (1) or a willful misrepresentation of material fact 
in an application, in the course of which failure or 
misrepresentation the employer displaced a United States worker 
employed by the employer within the period beginning 90 days 
before and ending 90 days after the date of filing of any visa 
petition supported by the application--
          (I) the Secretary shall notify the Attorney General 
        of such finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed [$35,000] $100,000 
        per violation) as the Secretary determines to be 
        appropriate; and
          (II) the Attorney General shall not approve petitions 
        filed with respect to that employer under section 204 
        or 214(c) during a period of at least 3 years for 
        aliens to be employed by the employer.
  [(iv) It is a violation of this clause for an employer who 
has filed an application under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.]
  (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.
  (v) The Secretary of Labor and the Attorney General shall 
devise a process under which an H-1B nonimmigrant who files a 
complaint regarding a violation of clause (iv) and is otherwise 
eligible to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States for a 
period not to exceed the maximum period of stay authorized for 
such nonimmigrant classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an application under this subsection to require an H-
1B nonimmigrant to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary shall determine whether a required 
payment is a penalty (and not liquidated damages) pursuant to 
relevant State law.
  (II) It is a violation of this clause for an employer who has 
filed an application under this subsection to require an alien 
who is the subject of a petition filed under section 214(c)(1), 
for which a fee is imposed under section 214(c)(9), to 
reimburse, or otherwise compensate, the employer for part or 
all of the cost of such fee. It is a violation of this clause 
for such an employer otherwise to accept such reimbursement or 
compensation from such an alien.
  (III) If the Secretary finds, after notice and opportunity 
for a hearing, that an employer has committed a violation of 
this clause, the Secretary may impose a civil monetary penalty 
of [$1,000] $3,000 for each such violation and issue an 
administrative order requiring the return to the nonimmigrant 
of any amount paid in violation of this clause, or, if the 
nonimmigrant cannot be located, requiring payment of any such 
amount to the general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
full-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status due to a decision by the 
employer (based on factors such as lack of work), or due to the 
nonimmigrant's lack of a permit or license, to fail to pay the 
nonimmigrant full-time wages in accordance with paragraph 
(1)(A) for all such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer, who has filed an application under this 
subsection and who places an H-1B nonimmigrant designated as a 
part-time employee on the petition filed under section 
214(c)(1) by the employer with respect to the nonimmigrant, 
after the nonimmigrant has entered into employment with the 
employer, in nonproductive status under circumstances described 
in subclause (I), to fail to pay such a nonimmigrant for such 
hours as are designated on such petition consistent with the 
rate of pay identified on such petition.
  (III) In the case of an H-1B nonimmigrant who has not yet 
entered into employment with an employer who has had approved 
an application under this subsection, and a petition under 
section 214(c)(1), with respect to the nonimmigrant, the 
provisions of subclauses (I) and (II) shall apply to the 
employer beginning 30 days after the date the nonimmigrant 
first is admitted into the United States pursuant to the 
petition, or 60 days after the date the nonimmigrant becomes 
eligible to work for the employer (in the case of a 
nonimmigrant who is present in the United States on the date of 
the approval of the petition).
  (IV) This clause does not apply to a failure to pay wages to 
an H-1B nonimmigrant for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to an H-1B nonimmigrant an established salary practice 
of the employer, under which the employer pays to H-1B 
nonimmigrants and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under this 
subsection to fail to offer to an H-1B nonimmigrant, during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and noncash compensation, such as stock 
options (whether or not based on performance)) on the same 
basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary finds, after notice and opportunity for 
a hearing, that an employer has not paid wages at the wage 
level specified under the application and required under 
paragraph (1), the Secretary shall order the employer to 
provide for payment of such amounts of back pay as may be 
required to comply with the requirements of paragraph (1), 
whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) If an H-1B-dependent employer places a nonexempt H-1B 
nonimmigrant with another employer as provided under paragraph 
(1)(F) and the other employer has displaced or displaces a 
United States worker employed by such other employer during the 
period described in such paragraph, such displacement shall be 
considered for purposes of this paragraph a failure, by the 
placing employer, to meet a condition specified in an 
application submitted under paragraph (1); except that the 
Attorney General may impose a sanction described in subclause 
(II) of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the 
Secretary of Labor found that such placing employer--
          (i) knew or had reason to know of such displacement 
        at the time of the placement of the nonimmigrant with 
        the other employer; or
          (ii) has been subject to a sanction under this 
        subparagraph based upon a previous placement of an H-1B 
        nonimmigrant with the same other employer.
  (F) The Secretary may, on a case-by-case basis, subject an 
employer to random investigations for a period of up to 5 
years, beginning on the date (on or after the date of the 
enactment of the American Competitiveness and Workforce 
Improvement Act of 1998) on which the employer is found by the 
Secretary to have committed a willful failure to meet a 
condition of paragraph (1) (or has been found under paragraph 
(5) to have committed a willful failure to meet the condition 
of paragraph (1)(G)(i)(II)) or to have made a willful 
misrepresentation of material fact in an application. The 
preceding sentence shall apply to an employer regardless of 
whether or not the employer is an H-1B-dependent employer. The 
authority of the Secretary under this subparagraph shall not be 
construed to be subject to, or limited by, the requirements of 
subparagraph (A).
  (G)(i) The Secretary of Labor may initiate an investigation 
of any employer that employs nonimmigrants described in section 
101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable 
cause to believe that the employer is not in compliance with 
this subsection. [In the case of an investigation under this 
clause, the Secretary of Labor (or the acting Secretary in the 
case of the absence of disability of the Secretary of Labor) 
shall personally certify that reasonable cause exists and shall 
approve commencement of the investigation. The investigation 
may be initiated for reasons other than completeness and 
obvious inaccuracies by the employer in complying with this 
subsection.]
  (ii) If the Secretary of Labor receives specific credible 
information from a source who is likely to have knowledge of an 
employer's practices or employment conditions, or an employer's 
compliance with the employer's labor condition application 
under paragraph (1), [and whose identity is known to the 
Secretary of Labor, and such information provides reasonable 
cause to believe that the employer has committed a willful 
failure to meet a condition of paragraph (1)(A), (1)(B), 
(1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor may 
conduct an investigation into the alleged failure or failures.] 
the Secretary of Labor may conduct an investigation into the 
employer's compliance with the requirements under this 
subsection. The Secretary of Labor may withhold the identity of 
the source from the employer, and the source's identity shall 
not be subject to disclosure under section 552 of title 5, 
United States Code.
  (iii) The Secretary of Labor shall establish a procedure for 
any person desiring to provide to the Secretary of Labor 
information described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an 
investigation described in such clause, to provide the 
information in writing on a form developed and provided by the 
Secretary of Labor and completed by or on behalf of the person. 
[The person may not be an officer or employee of the Department 
of Labor, unless the information satisfies the requirement of 
clause (iv)(II) (although an officer or employee of the 
Department of Labor may complete the form on behalf of the 
person).]
  [(iv) Any investigation initiated or approved by the 
Secretary of Labor under clause (ii) shall be based on 
information that satisfies the requirements of such clause and 
that--
          [(I) originates from a source other than an officer 
        or employee of the Department of Labor; or
          [(II) was lawfully obtained by the Secretary of Labor 
        in the course of lawfully conducting another Department 
        of Labor investigation under this Act of any other Act.
  [(v) The receipt by the Secretary of Labor of information 
submitted by an employer to the Attorney General or the 
Secretary of Labor for purposes of securing the employment of a 
nonimmigrant described in section 101(a)(15)(H)(i)(b) shall not 
be considered a receipt of information for purposes of clause 
(ii).]
  [(vi)] (iv) No investigation described in clause (ii) (or 
hearing described in [clause (viii)] clause (vi) based on such 
investigation) may be conducted with respect to information 
about a failure to [meet a condition described in clause (ii)] 
comply with the requirements under this subsection, unless the 
Secretary of Labor receives the information not later than 12 
months after the date of the alleged failure.
  [(vii) The Secretary of Labor shall provide notice to an 
employer with respect to whom there is reasonable cause to 
initiate an investigation described in clauses (i) or (ii), 
prior to the commencement of an investigation under such 
clauses, of the intent to conduct an investigation. 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. The Secretary 
of Labor is not required to comply with this clause if the 
Secretary of Labor determines that to do so would interfere 
with an effort by the Secretary of Labor to secure compliance 
by the employer with the requirements of this subsection. There 
shall be no judicial review of a determination by the Secretary 
of Labor under this clause.]
  (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.
  [(viii) An investigation under clauses (i) or (ii) may be 
conducted for a period of up to 60 days. If the Secretary of 
Labor determines after such an investigation that a reasonable 
basis exists to make a finding that the employer has committed 
a willful failure to meet a condition of paragraph (1)(A), 
(1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in 
a pattern or practice of failures to meet such a condition, or 
has committed a substantial failure to meet such a condition 
that affects multiple employees, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing in accordance with 
section 556 of title 5, United States Code, within 120 days 
after the date of the determination.] (vi) 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. If such a hearing is requested, the Secretary of 
Labor shall make a finding concerning the matter by not later 
than 120 days after the date of the hearing.
  (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).
  [(H)(i) Except as provided in clauses (ii) and (iii), a 
person or entity is considered to have complied with the 
requirements of this subsection, notwithstanding a technical or 
procedural failure to meet such requirements, if there was a 
good faith attempt to comply with the requirements.
  [(ii) Clause (i) shall not apply if--
          [(I) the Department of Labor (or another enforcement 
        agency) has explained to the person or entity the basis 
        for the failure;
          [(II) the person or entity has been provided a period 
        of not less than 10 business days (beginning after the 
        date of the explanation) within which to correct the 
        failure; and
          [(III) the person or entity has not corrected the 
        failure voluntarily within such period.
          [(iii) A person or entity that, in the course of an 
        investigation, is found to have violated the prevailing 
        wage requirements set forth in paragraph (1)(A), shall 
        not be assessed fines or other penalties for such 
        violation if the person or entity can establish that 
        the manner in which the prevailing wage was calculated 
        was consistent with recognized industry standards and 
        practices.
          [(iv) Clauses (i) and (iii) shall not apply to a 
        person or entity that has engaged in or is engaging in 
        a pattern or practice of willful violations of this 
        subsection.]
  (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.
  (I) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (3)(A) For purposes of this subsection, the term ``H-1B-
dependent employer'' means an employer that--
          (i)(I) has 25 or fewer full-time equivalent employees 
        who are employed in the United States; and (II) employs 
        more than 7 H-1B nonimmigrants;
          (ii)(I) has at least 26 but not more than 50 full-
        time equivalent employees who are employed in the 
        United States; and (II) employs more than 12 H-1B 
        nonimmigrants; or
          (iii)(I) has at least 51 full-time equivalent 
        employees who are employed in the United States; and 
        (II) employs H-1B nonimmigrants in a number that is 
        equal to at least 15 percent of the number of such 
        full-time equivalent employees.
  (B) For purposes of this subsection--
          (i) the term ``exempt H-1B nonimmigrant'' means an H-
        1B nonimmigrant who--
                  (I) receives wages (including cash bonuses 
                and similar compensation) at an annual rate 
                equal to at least $60,000; or
                  (II) has attained a master's or higher degree 
                (or its equivalent) in a specialty related to 
                the intended employment; and
          (ii) the term nonexempt H-1B nonimmigrant means an H-
        1B nonimmigrant who is not an exempt H-1B nonimmigrant.
  (C) For purposes of subparagraph (A)--
          (i) in computing the number of full-time equivalent 
        employees and the number of H-1B nonimmigrants, exempt 
        H-1B nonimmigrants shall not be taken into account 
        during the longer of--
                  (I) the 6-month period beginning on the date 
                of the enactment of the American 
                Competitiveness and Workforce Improvement Act 
                of 1998; or
                  (II) the period beginning on the date of the 
                enactment of the American Competitiveness and 
                Workforce Improvement Act of 1998 and ending on 
                the date final regulations are issued to carry 
                out this paragraph; and
          (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.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the H-1B 
        nonimmigrant is or will be performed. If such worksite 
        or location is within a Metropolitan Statistical Area, 
        any place within such area is deemed to be within the 
        area of employment.
          (B) In the case of an application with respect to one 
        or more H-1B nonimmigrants by an employer, the employer 
        is considered to ``displace'' a United States worker 
        from a job if the employer lays off the worker from a 
        job that is essentially the equivalent of the job for 
        which the nonimmigrant or nonimmigrants is or are 
        sought. A job shall not be considered to be essentially 
        equivalent of another job unless it involves 
        essentially the same responsibilities, was held by a 
        United States worker with substantially equivalent 
        qualifications and experience, and is located in the 
        same area of employment as the other job.
          (C) The term ``H-1B nonimmigrant'' means an alien 
        admitted or provided status as a nonimmigrant described 
        in section 101(a)(15)(H)(i)(b).
          (D)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract (other than a temporary employment 
                contract entered into in order to evade a 
                condition described in subparagraph (E) or (F) 
                of paragraph (1)); but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer (or, in the 
                case of a placement of a worker with another 
                employer under paragraph (1)(F), with either 
                employer described in such paragraph) at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (E) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207, is granted asylum under 
                section 208, or is an immigrant otherwise 
                authorized, by this Act or by the Attorney 
                General, to be employed.
  (5)(A) This paragraph shall apply instead of subparagraphs 
(A) through (E) of paragraph (2) in the case of a violation 
described in subparagraph (B), but shall not be construed to 
limit or affect the authority of the Secretary or the Attorney 
General with respect to any other violation.
  (B) The Attorney General shall establish a process for the 
receipt, initial review, and disposition in accordance with 
this paragraph of complaints respecting an employer's failure 
to meet the condition of paragraph (1)(G)(i)(II) or a 
petitioner's misrepresentation of material facts with respect 
to such condition. Complaints may be filed by an aggrieved 
individual who has submitted a resume or otherwise applied in a 
reasonable manner for the job that is the subject of the 
condition. No proceeding shall be conducted under this 
paragraph on a complaint concerning such a failure or 
misrepresentation unless the Attorney General determines that 
the complaint was filed not later than 12 months after the date 
of the failure or misrepresentation, respectively.
  (C) If the Attorney General finds that a complaint has been 
filed in accordance with subparagraph (B) and there is 
reasonable cause to believe that such a failure or 
misrepresentation described in such complaint has occurred, the 
Attorney General shall initiate binding arbitration proceedings 
by requesting the Federal Mediation and Conciliation Service to 
appoint an arbitrator from the roster of arbitrators maintained 
by such Service. The procedure and rules of such Service shall 
be applicable to the selection of such arbitrator and to such 
arbitration proceedings. The Attorney General shall pay the fee 
and expenses of the arbitrator.
  (D)(i) The arbitrator shall make findings respecting whether 
a failure or misrepresentation described in subparagraph (B) 
occurred. If the arbitrator concludes that failure or 
misrepresentation was willful, the arbitrator shall make a 
finding to that effect. The arbitrator may not find such a 
failure or misrepresentation (or that such a failure or 
misrepresentation was willful) unless the complainant 
demonstrates such a failure or misrepresentation (or its 
willful character) by clear and convincing evidence. The 
arbitrator shall transmit the findings in the form of a written 
opinion to the parties to the arbitration and the Attorney 
General. Such findings shall be final and conclusive, and, 
except as provided in this subparagraph, no official or court 
of the United States shall have power or jurisdiction to review 
any such findings.
  (ii) The Attorney General may review and reverse or modify 
the findings of an arbitrator only on the same bases as an 
award of an arbitrator may be vacated or modified under section 
10 or 11 of title 9, United States Code.
  (iii) With respect to the findings of an arbitrator, a court 
may review only the actions of the Attorney General under 
clause (ii) and may set aside such actions only on the grounds 
described in subparagraph (A), (B), or (C) of section 706(a)(2) 
of title 5, United States Code. Notwithstanding any other 
provision of law, such judicial review may only be brought in 
an appropriate United States court of appeals.
  (E) If the Attorney General receives a finding of an 
arbitrator under this paragraph that an employer has failed to 
meet the condition of paragraph (1)(G)(i)(II) or has 
misrepresented a material fact with respect to such condition, 
unless the Attorney General reverses or modifies the finding 
under subparagraph (D)(ii)--
          (i) the Attorney General may impose administrative 
        remedies (including civil monetary penalties in an 
        amount not to exceed $1,000 per violation or $5,000 per 
        violation in the case of a willful failure or 
        misrepresentation) as the Attorney General determines 
        to be appropriate; and
          (ii) the Attorney General is authorized to not 
        approve petitions filed, with respect to that employer 
        and for aliens to be employed by the employer, under 
        section 204 or 214(c)--
                  (I) during a period of not more than 1 year; 
                or
                  (II) in the case of a willful failure or 
                willful misrepresentation, during a period of 
                not more than 2 years.
  (F) The Attorney General shall not delegate, to any other 
employee or official of the Department of Justice, any function 
of the Attorney General under this paragraph, until 60 days 
after the Attorney General has submitted a plan for such 
delegation to the Committees on the Judiciary of the United 
States House of Representatives and the Senate.
  (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, 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.
  (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.
  (o) An alien who has been physically present in the United 
States shall not be eligible to receive an immigrant visa 
within ninety days following departure therefrom unless--
          (1) the alien was maintaining a lawful nonimmigrant 
        status at the time of such departure, or
          (2) the alien is the spouse or unmarried child of an 
        individual who obtained temporary or permanent resident 
        status under section 210 or 245A of the Immigration and 
        Nationality Act or section 202 of the Immigration 
        Reform and Control Act of 1986 at any date, who--
                  (A) as of May 5, 1988, was the unmarried 
                child or spouse of the individual who obtained 
                temporary or permanent resident status under 
                section 210 or 245A of the Immigration and 
                Nationality Act or section 202 of the 
                Immigration Reform and Control Act of 1986;
                  (B) entered the United States before May 5, 
                1988, resided in the United States on May 5, 
                1988, and is not a lawful permanent resident; 
                and
                  (C) applied for benefits under section 301(a) 
                of the Immigration Act of 1990.
  (p)(1) In computing the prevailing wage level for an 
occupational classification in an area of employment for 
purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) in the case of an employee of--
          (A) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965), 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.
  (2) 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.
  (3) The prevailing wage required to be paid pursuant to 
subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) 
shall be 100 percent of the wage determined pursuant to those 
sections.
  (4) Where the Secretary of Labor uses, or makes available to 
employers, a governmental survey to determine the prevailing 
wage, such survey shall provide at least 4 levels of wages 
commensurate with experience, education, and the level of 
supervision. Where an existing government survey has only 2 
levels, 2 intermediate levels may be created by dividing by 3, 
the difference between the 2 levels offered, adding the 
quotient thus obtained to the first level and subtracting that 
quotient from the second level.
  (q) Any alien admitted under section 101(a)(15)(B) may accept 
an honorarium payment and associated incidental expenses for a 
usual academic activity or activities (lasting not longer than 
9 days at any single institution), as defined by the Attorney 
General in consultation with the Secretary of Education, if 
such payment is offered by an institution or organization 
described in subsection (p)(1) and is made for services 
conducted for the benefit of that institution or entity and if 
the alien has not accepted such payment or expenses from more 
than 5 institutions or organizations in the previous 6-month 
period.
  (r) Subsection (a)(5)(C) shall not apply to an alien who 
seeks to enter the United States for the purpose of performing 
labor as a nurse who presents to the consular officer (or in 
the case of an adjustment of status, the Attorney General) a 
certified statement from the Commission on Graduates of Foreign 
Nursing Schools (or an equivalent independent credentialing 
organization approved for the certification of nurses under 
subsection (a)(5)(C) by the Attorney General in consultation 
with the Secretary of Health and Human Services) that--
          (1) the alien has a valid and unrestricted license as 
        a nurse in a State where the alien intends to be 
        employed and such State verifies that the foreign 
        licenses of alien nurses are authentic and 
        unencumbered;
          (2) the alien has passed the National Council 
        Licensure Examination (NCLEX);
          (3) the alien is a graduate of a nursing program--
                  (A) in which the language of instruction was 
                English;
                  (B) located in a country--
                          (i) designated by such commission not 
                        later than 30 days after the date of 
                        the enactment of the Nursing Relief for 
                        Disadvantaged Areas Act of 1999, based 
                        on such commission's assessment that 
                        the quality of nursing education in 
                        that country, and the English language 
                        proficiency of those who complete such 
                        programs in that country, justify the 
                        country's designation; or
                          (ii) designated on the basis of such 
                        an assessment by unanimous agreement of 
                        such commission and any equivalent 
                        credentialing organizations which have 
                        been approved under subsection 
                        (a)(5)(C) for the certification of 
                        nurses under this subsection; and
                  (C)(i) which was in operation on or before 
                the date of the enactment of the Nursing Relief 
                for Disadvantaged Areas Act of 1999; or
                  (ii) has been approved by unanimous agreement 
                of such commission and any equivalent 
                credentialing organizations which have been 
                approved under subsection (a)(5)(C) for the 
                certification of nurses under this subsection.
  (s) In determining whether an alien described in subsection 
(a)(4)(C)(i) is inadmissible under subsection (a)(4) or 
ineligible to receive an immigrant visa or otherwise to adjust 
to the status of permanent resident by reason of subsection 
(a)(4), the consular officer or the Attorney General shall not 
consider any benefits the alien may have received that were 
authorized under section 501 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1641(c)).
  (t)(1) No alien may be admitted or provided status as a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) in an occupational classification unless the 
employer has filed with the Secretary of Labor an attestation 
stating the following:
          (A) The employer--
                  (i) is offering and will offer during the 
                period of authorized employment to aliens 
                admitted or provided status under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) wages that are at least--
                          (I) the actual wage level paid by the 
                        employer to all other individuals with 
                        similar experience and qualifications 
                        for the specific employment in 
                        question; or
                          (II) the prevailing wage level for 
                        the occupational classification in the 
                        area of employment,
                whichever is greater, based on the best 
                information available as of the time of filing 
                the attestation; and
                  (ii) will provide working conditions for such 
                a nonimmigrant that will not adversely affect 
                the working conditions of workers similarly 
                employed.
          (B) There is not a strike or lockout in the course of 
        a labor dispute in the occupational classification at 
        the place of employment.
          (C) The employer, at the time of filing the 
        attestation--
                  (i) has provided notice of the filing under 
                this paragraph to the bargaining representative 
                (if any) of the employer's employees in the 
                occupational classification and area for which 
                aliens are sought; or
                  (ii) if there is no such bargaining 
                representative, has provided notice of filing 
                in the occupational classification through such 
                methods as physical posting in conspicuous 
                locations at the place of employment or 
                electronic notification to employees in the 
                occupational classification for which 
                nonimmigrants under section 
                101(a)(15)(H)(i)(b1) or section 
                101(a)(15)(E)(iii) are sought.
          (D) A specification of the number of workers sought, 
        the occupational classification in which the workers 
        will be employed, and wage rate and conditions under 
        which they will be employed.
  (2)(A) The employer shall make available for public 
examination, within one working day after the date on which an 
attestation under this subsection is filed, at the employer's 
principal place of business or worksite, a copy of each such 
attestation (and such accompanying documents as are necessary).
  (B)(i) The Secretary of Labor shall compile, on a current 
basis, a list (by employer and by occupational classification) 
of the attestations filed under this subsection. Such list 
shall include, with respect to each attestation, the wage rate, 
number of aliens sought, period of intended employment, and 
date of need.
  (ii) The Secretary of Labor shall make such list available 
for public examination in Washington, D.C.
  (C) The Secretary of Labor shall review an attestation filed 
under this subsection only for completeness and obvious 
inaccuracies. Unless the Secretary of Labor finds that an 
attestation is incomplete or obviously inaccurate, the 
Secretary of Labor shall provide the certification described in 
section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) 
within 7 days of the date of the filing of the attestation.
  (3)(A) The Secretary of Labor shall establish a process for 
the receipt, investigation, and disposition of complaints 
respecting the failure of an employer to meet a condition 
specified in an attestation submitted under this subsection or 
misrepresentation by the employer of material facts in such an 
attestation. Complaints may be filed by any aggrieved person or 
organization (including bargaining representatives). No 
investigation or hearing shall be conducted on a complaint 
concerning such a failure or misrepresentation unless the 
complaint was filed not later than 12 months after the date of 
the failure or misrepresentation, respectively. The Secretary 
of Labor shall conduct an investigation under this paragraph if 
there is reasonable cause to believe that such a failure or 
misrepresentation has occurred.
  (B) Under the process described in subparagraph (A), the 
Secretary of Labor shall provide, within 30 days after the date 
a complaint is filed, for a determination as to whether or not 
a reasonable basis exists to make a finding described in 
subparagraph (C). If the Secretary of Labor determines that 
such a reasonable basis exists, the Secretary of Labor shall 
provide for notice of such determination to the interested 
parties and an opportunity for a hearing on the complaint, in 
accordance with section 556 of title 5, United States Code, 
within 60 days after the date of the determination. If such a 
hearing is requested, the Secretary of Labor shall make a 
finding concerning the matter by not later than 60 days after 
the date of the hearing. In the case of similar complaints 
respecting the same applicant, the Secretary of Labor may 
consolidate the hearings under this subparagraph on such 
complaints.
  (C)(i) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a condition of 
paragraph (1)(B), a substantial failure to meet a condition of 
paragraph (1)(C) or (1)(D), or a misrepresentation of material 
fact in an attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $1,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 1 year 
        for aliens to be employed by the employer.
  (ii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1), a willful misrepresentation of 
material fact in an attestation, or a violation of clause 
(iv)--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $5,000 per 
        violation as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 2 years 
        for aliens to be employed by the employer.
  (iii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a 
condition of paragraph (1) or a willful misrepresentation of 
material fact in an attestation, in the course of which failure 
or misrepresentation the employer displaced a United States 
worker employed by the employer within the period beginning 90 
days before and ending 90 days after the date of filing of any 
visa petition or application supported by the attestation--
          (I) the Secretary of Labor shall notify the Secretary 
        of State and the Secretary of Homeland Security of such 
        finding and may, in addition, impose such other 
        administrative remedies (including civil monetary 
        penalties in an amount not to exceed $35,000 per 
        violation) as the Secretary of Labor determines to be 
        appropriate; and
          (II) the Secretary of State or the Secretary of 
        Homeland Security, as appropriate, shall not approve 
        petitions or applications filed with respect to that 
        employer under section 204, 214(c), 
        101(a)(15)(H)(i)(b1), or 101(a)(15)(E)(iii) or section 
        101(a)(15)(E)(iii) during a period of at least 3 years 
        for aliens to be employed by the employer.
  (iv) It is a violation of this clause for an employer who has 
filed an attestation under this subsection to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or in any 
other manner discriminate against an employee (which term, for 
purposes of this clause, includes a former employee and an 
applicant for employment) because the employee has disclosed 
information to the employer, or to any other person, that the 
employee reasonably believes evidences a violation of this 
subsection, or any rule or regulation pertaining to this 
subsection, or because the employee cooperates or seeks to 
cooperate in an investigation or other proceeding concerning 
the employer's compliance with the requirements of this 
subsection or any rule or regulation pertaining to this 
subsection.
  (v) The Secretary of Labor and the Secretary of Homeland 
Security shall devise a process under which a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) who files a complaint regarding a violation 
of clause (iv) and is otherwise eligible to remain and work in 
the United States may be allowed to seek other appropriate 
employment in the United States for a period not to exceed the 
maximum period of stay authorized for such nonimmigrant 
classification.
  (vi)(I) It is a violation of this clause for an employer who 
has filed an attestation under this subsection to require a 
nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) to pay a penalty for ceasing employment with 
the employer prior to a date agreed to by the nonimmigrant and 
the employer. The Secretary of Labor shall determine whether a 
required payment is a penalty (and not liquidated damages) 
pursuant to relevant State law.
  (II) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary of Labor may impose a 
civil monetary penalty of $1,000 for each such violation and 
issue an administrative order requiring the return to the 
nonimmigrant of any amount paid in violation of this clause, 
or, if the nonimmigrant cannot be located, requiring payment of 
any such amount to the general fund of the Treasury.
  (vii)(I) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a full-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status due to a decision by the employer (based 
on factors such as lack of work), or due to the nonimmigrant's 
lack of a permit or license, to fail to pay the nonimmigrant 
full-time wages in accordance with paragraph (1)(A) for all 
such nonproductive time.
  (II) It is a failure to meet a condition of paragraph (1)(A) 
for an employer who has filed an attestation under this 
subsection and who places a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) designated 
as a part-time employee in the attestation, after the 
nonimmigrant has entered into employment with the employer, in 
nonproductive status under circumstances described in subclause 
(I), to fail to pay such a nonimmigrant for such hours as are 
designated on the attestation consistent with the rate of pay 
identified on the attestation.
  (III) In the case of a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) who has not 
yet entered into employment with an employer who has had 
approved an attestation under this subsection with respect to 
the nonimmigrant, the provisions of subclauses (I) and (II) 
shall apply to the employer beginning 30 days after the date 
the nonimmigrant first is admitted into the United States, or 
60 days after the date the nonimmigrant becomes eligible to 
work for the employer in the case of a nonimmigrant who is 
present in the United States on the date of the approval of the 
attestation filed with the Secretary of Labor.
  (IV) This clause does not apply to a failure to pay wages to 
a nonimmigrant under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) for nonproductive time due to non-work-
related factors, such as the voluntary request of the 
nonimmigrant for an absence or circumstances rendering the 
nonimmigrant unable to work.
  (V) This clause shall not be construed as prohibiting an 
employer that is a school or other educational institution from 
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) 
or section 101(a)(15)(E)(iii) an established salary practice of 
the employer, under which the employer pays to nonimmigrants 
under section 101(a)(15)(H)(i)(b1) or section 
101(a)(15)(E)(iii) and United States workers in the same 
occupational classification an annual salary in disbursements 
over fewer than 12 months, if--
          (aa) the nonimmigrant agrees to the compressed annual 
        salary payments prior to the commencement of the 
        employment; and
          (bb) the application of the salary practice to the 
        nonimmigrant does not otherwise cause the nonimmigrant 
        to violate any condition of the nonimmigrant's 
        authorization under this Act to remain in the United 
        States.
  (VI) This clause shall not be construed as superseding clause 
(viii).
  (viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an attestation under this 
subsection to fail to offer to a nonimmigrant under section 
101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii), during the 
nonimmigrant's period of authorized employment, benefits and 
eligibility for benefits (including the opportunity to 
participate in health, life, disability, and other insurance 
plans; the opportunity to participate in retirement and savings 
plans; and cash bonuses and non-cash compensation, such as 
stock options (whether or not based on performance)) on the 
same basis, and in accordance with the same criteria, as the 
employer offers to United States workers.
  (D) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, that an employer has not paid wages 
at the wage level specified in the attestation and required 
under paragraph (1), the Secretary of Labor shall order the 
employer to provide for payment of such amounts of back pay as 
may be required to comply with the requirements of paragraph 
(1), whether or not a penalty under subparagraph (C) has been 
imposed.
  (E) The Secretary of Labor may, on a case-by-case basis, 
subject an employer to random investigations for a period of up 
to 5 years, beginning on the date on which the employer is 
found by the Secretary of Labor to have committed a willful 
failure to meet a condition of paragraph (1) or to have made a 
willful misrepresentation of material fact in an attestation. 
The authority of the Secretary of Labor under this subparagraph 
shall not be construed to be subject to, or limited by, the 
requirements of subparagraph (A).
  (F) Nothing in this subsection shall be construed as 
superseding or preempting any other enforcement-related 
authority under this Act (such as the authorities under section 
274B), or any other Act.
  (4) For purposes of this subsection:
          (A) The term ``area of employment'' means the area 
        within normal commuting distance of the worksite or 
        physical location where the work of the nonimmigrant 
        under section 101(a)(15)(H)(i)(b1) or section 
        101(a)(15)(E)(iii) is or will be performed. If such 
        worksite or location is within a Metropolitan 
        Statistical Area, any place within such area is deemed 
        to be within the area of employment.
          (B) In the case of an attestation with respect to one 
        or more nonimmigrants under section 
        101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) by 
        an employer, the employer is considered to ``displace'' 
        a United States worker from a job if the employer lays 
        off the worker from a job that is essentially the 
        equivalent of the job for which the nonimmigrant or 
        nonimmigrants is or are sought. A job shall not be 
        considered to be essentially equivalent of another job 
        unless it involves essentially the same 
        responsibilities, was held by a United States worker 
        with substantially equivalent qualifications and 
        experience, and is located in the same area of 
        employment as the other job.
          (C)(i) The term ``lays off'', with respect to a 
        worker--
                  (I) means to cause the worker's loss of 
                employment, other than through a discharge for 
                inadequate performance, violation of workplace 
                rules, cause, voluntary departure, voluntary 
                retirement, or the expiration of a grant or 
                contract; but
                  (II) does not include any situation in which 
                the worker is offered, as an alternative to 
                such loss of employment, a similar employment 
                opportunity with the same employer at 
                equivalent or higher compensation and benefits 
                than the position from which the employee was 
                discharged, regardless of whether or not the 
                employee accepts the offer.
          (ii) Nothing in this subparagraph is intended to 
        limit an employee's rights under a collective 
        bargaining agreement or other employment contract.
          (D) The term ``United States worker'' means an 
        employee who--
                  (i) is a citizen or national of the United 
                States; or
                  (ii) is an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee 
                under section 207 of this title, is granted 
                asylum under section 208, or is an immigrant 
                otherwise authorized, by this Act or by the 
                Secretary of Homeland Security, to be employed.
  (t)(1) Except as provided in paragraph (2), no person 
admitted under section 101(a)(15)(Q)(ii)(I), or acquiring such 
status after admission, shall be eligible to apply for 
nonimmigrant status, an immigrant visa, or permanent residence 
under this Act until it is established that such person has 
resided and been physically present in the person's country of 
nationality or last residence for an aggregate of at least 2 
years following departure from the United States.
  (2) The Secretary of Homeland Security may waive the 
requirement of such 2-year foreign residence abroad if the 
Secretary determines that--
          (A) departure from the United States would impose 
        exceptional hardship upon the alien's spouse or child 
        (if such spouse or child is a citizen of the United 
        States or an alien lawfully admitted for permanent 
        residence); or
          (B) the admission of the alien is in the public 
        interest or the national interest of the United States.

           *       *       *       *       *       *       *


                       admission of nonimmigrants

  Sec. 214. (a)(1) The admission to the United States of any 
alien as a nonimmigrant shall be for such time and under such 
conditions as the Attorney General may by regulations 
prescribe, including when he deems necessary the giving of a 
bond with sufficient surety in such sum and containing such 
conditions as the Attorney General shall prescribe, to insure 
that at the expiration of such time or upon failure to maintain 
the status under which he was admitted, or to maintain any 
status subsequently acquired under section 248, such alien will 
depart from the United States. No alien admitted to Guam or the 
Commonwealth of the Northern Mariana Islands without a visa 
pursuant to section 212(l) may be authorized to enter or stay 
in the United States other than in Guam or the Commonwealth of 
the Northern Mariana Islands or to remain in Guam or the 
Commonwealth of the Northern Mariana Islands for a period 
exceeding 45 days from date of admission to Guam or the 
Commonwealth of the Northern Mariana Islands. No alien admitted 
to the United States without a visa pursuant to section 217 may 
be authorized to remain in the United States as a nonimmigrant 
visitor for a period exceeding 90 days from the date of 
admission.
  (2)(A) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(O) shall be for such period as 
the Attorney General may specify in order to provide for the 
event (or events) for which the nonimmigrant is admitted.
  (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes under section 101(a)(15)(P), the period of 
authorized status may be for an initial period (not to exceed 5 
years) during which the nonimmigrant will perform as an athlete 
and such period may be extended by the Attorney General for an 
additional period of up to 5 years.
  (b) Every alien (other than a nonimmigrant described in 
subparagraph (L) or (V) of section 101(a)(15), and other than a 
nonimmigrant described in any provision of section 
101(a)(15)(H)(i) except subclause (b1) of such section) shall 
be presumed to be an immigrant until he establishes to the 
satisfaction of the consular officer, at the time of 
application for a visa, and the immigration officers, at the 
time of application for admission, that he is entitled to a 
nonimmigrant status under section 101(a)(15). An alien who is 
an officer or employee of any foreign government or of any 
international organization entitled to enjoy privileges, 
exemptions, and immunities under the International 
Organizations Immunities Act, or an alien who is the attendant, 
servant, employee, or member of the immediate family of any 
such alien shall not be entitled to apply for or receive an 
immigrant visa, or to enter the United States as an immigrant 
unless he executes a written waiver in the same form and 
substance as is prescribed by section 247(b).
  (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the Attorney General, after consultation 
with appropriate agencies of the Government, upon petition of 
the importing employer. Such petition shall be made and 
approved before the visa is granted. The petition shall be in 
such form and contain such information as the Attorney General 
shall prescribe. The approval of such a petition shall not, of 
itself, be construed as establishing that the alien is a 
nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
  (2)(A) The Attorney General shall provide for a procedure 
under which an importing employer which meets requirements 
established by the Attorney General may file a blanket petition 
to import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.
  (B) For purposes of section 101(a)(15)(L), an alien is 
considered to be serving in a capacity involving specialized 
knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in 
international markets or has an advanced level of knowledge of 
processes and procedures of the company.
  (C) The Attorney General shall provide a process for 
reviewing and acting upon petitions under this subsection with 
respect to nonimmigrants described in section 101(a)(15)(L) 
within 30 days after the date a completed petition has been 
filed.
  (D) The period of authorized admission for--
          (i) a nonimmigrant admitted to render services in a 
        managerial or executive capacity under section 
        101(a)(15)(L) shall not exceed 7 years, or
          (ii) a nonimmigrant admitted to render services in a 
        capacity that involves specialized knowledge under 
        section 101(a)(15)(L) shall not exceed 5 years.
  (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (F) An alien who will serve in a capacity involving 
specialized knowledge with respect to an employer for purposes 
of section 101(a)(15)(L) and will be stationed primarily at the 
worksite of an employer other than the petitioning employer or 
its affiliate, subsidiary, or parent shall not be eligible for 
classification under section 101(a)(15)(L) if--
          (i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
          (ii) the placement of the alien at the worksite of 
        the unaffiliated employer is essentially an arrangement 
        to provide labor for hire for the unaffiliated 
        employer, rather than a placement in connection with 
        the provision of a product or service for which 
        specialized knowledge specific to the petitioning 
        employer is necessary.
  (3) The Attorney General shall approve a petition--
          (A) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(i) only after consultation in 
        accordance with paragraph (6) or, with respect to 
        aliens seeking entry for a motion picture or television 
        production, after consultation with the appropriate 
        union representing the alien's occupational peers and a 
        management organization in the area of the alien's 
        ability, or
          (B) with respect to a nonimmigrant described in 
        section 101(a)(15)(O)(ii) after consultation in 
        accordance with paragraph (6) or, in the case of such 
        an alien seeking entry for a motion picture or 
        television production, after consultation with such a 
        labor organization and a management organization in the 
        area of the alien's ability.
In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the Attorney General shall consider the exigencies and 
scheduling of the production, and (iv) the Attorney General 
shall append to the decision any such opinion. The Attorney 
General shall provide by regulation for the waiver of the 
consultation requirement under subparagraph (A) in the case of 
aliens who have been admitted as nonimmigrants under section 
101(a)(15)(O)(i) because of extraordinary ability in the arts 
and who seek readmission to perform similar services within 2 
years after the date of a consultation under such subparagraph. 
Not later than 5 days after the date such a waiver is provided, 
the Attorney General shall forward a copy of the petition and 
all supporting documentation to the national office of an 
appropriate labor organization.
  (4)(A) For purposes of section 101(a)(15)(P)(i)(a), an alien 
is described in this subparagraph if the alien--
          (i)(I) performs as an athlete, individually or as 
        part of a group or team, at an internationally 
        recognized level of performance;
          (II) is a professional athlete, as defined in section 
        204(i)(2);
          (III) performs as an athlete, or as a coach, as part 
        of a team or franchise that is located in the United 
        States and a member of a foreign league or association 
        of 15 or more amateur sports teams, if--
                  (aa) the foreign league or association is the 
                highest level of amateur performance of that 
                sport in the relevant foreign country;
                  (bb) participation in such league or 
                association renders players ineligible, whether 
                on a temporary or permanent basis, to earn a 
                scholarship in, or participate in, that sport 
                at a college or university in the United States 
                under the rules of the National Collegiate 
                Athletic Association; and
                  (cc) a significant number of the individuals 
                who play in such league or association are 
                drafted by a major sports league or a minor 
                league affiliate of such a sports league; or
          (IV) is a professional athlete or amateur athlete who 
        performs individually or as part of a group in a 
        theatrical ice skating production; and
          (ii) seeks to enter the United States temporarily and 
        solely for the purpose of performing--
                  (I) as such an athlete with respect to a 
                specific athletic competition; or
                  (II) in the case of an individual described 
                in clause (i)(IV), in a specific theatrical ice 
                skating production or tour.
  (B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien 
is described in this subparagraph if the alien--
          (I) performs with or is an integral and essential 
        part of the performance of an entertainment group that 
        has (except as provided in clause (ii)) been recognized 
        internationally as being outstanding in the discipline 
        for a sustained and substantial period of time,
          (II) in the case of a performer or entertainer, 
        except as provided in clause (iii), has had a sustained 
        and substantial relationship with that group 
        (ordinarily for at least one year) and provides 
        functions integral to the performance of the group, and
          (III) seeks to enter the United States temporarily 
        and solely for the purpose of performing as such a 
        performer or entertainer or as an integral and 
        essential part of a performance.
  (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the Attorney General 
may, in consideration of special circumstances, waive the 
international recognition requirement of clause (i)(I).
  (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
  (II) The Attorney General may waive such one-year 
relationship requirement for an alien who because of illness or 
unanticipated and exigent circumstances replaces an essential 
member of the group and for an alien who augments the group by 
performing a critical role.
  (iv) The requirements of subclauses (I) and (II) of clause 
(i) shall not apply to alien circus personnel who perform as 
part of a circus or circus group or who constitute an integral 
and essential part of the performance of such circus or circus 
group, but only if such personnel are entering the United 
States to join a circus that has been recognized nationally as 
outstanding for a sustained and substantial period of time or 
as part of such a circus.
  (C) A person may petition the Attorney General for 
classification of an alien as a nonimmigrant under section 
101(a)(15)(P).
  (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in clause 
(i) or (iii) of section 101(a)(15)(P) only after consultation 
in accordance with paragraph (6).
  (E) The Attorney General shall approve petitions under this 
subsection for nonimmigrants described in section 
101(a)(15)(P)(ii) only after consultation with labor 
organizations representing artists and entertainers in the 
United States.
  (F)(i) No nonimmigrant visa under section 101(a)(15)(P)(i)(a) 
shall be issued to any alien who is a national of a country 
that is a state sponsor of international terrorism unless the 
Secretary of State determines, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that such alien does not 
pose a threat to the safety, national security, or national 
interest of the United States. In making a determination under 
this subparagraph, the Secretary of State shall apply standards 
developed by the Secretary of State, in consultation with the 
Secretary of Homeland Security and the heads of other 
appropriate United States agencies, that are applicable to the 
nationals of such states.
  (ii) In this subparagraph, the term ``state sponsor of 
international terrorism'' means any country the government of 
which has been determined by the Secretary of State under any 
of the laws specified in clause (iii) to have repeatedly 
provided support for acts of international terrorism.
  (iii) The laws specified in this clause are the following:
          (I) Section 6(j)(1)(A) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or 
        successor statute).
          (II) Section 40(d) of the Arms Export Control Act (22 
        U.S.C. 2780(d)).
          (III) Section 620A(a) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2371(a)).
  (G) The Secretary of Homeland Security shall permit a 
petition under this subsection to seek classification of more 
than 1 alien as a nonimmigrant under section 
101(a)(15)(P)(i)(a).
  (H) The Secretary of Homeland Security shall permit an 
athlete, or the employer of an athlete, to seek admission to 
the United States for such athlete under a provision of this 
Act other than section 101(a)(15)(P)(i) if the athlete is 
eligible under such other provision.
  (5)(A) In the case of an alien who is provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(H)(ii)(b) and who is dismissed from employment by 
the employer before the end of the period of authorized 
admission, the employer shall be liable for the reasonable 
costs of return transportation of the alien abroad.
  (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the Attorney 
General that the reasonable cost of that transportation will be 
provided.
  (6)(A)(i) To meet the consultation requirement of paragraph 
(3)(A) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(O)(i) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a peer group (or other person or persons of its 
choosing, which may include a labor organization) with 
expertise in the specific field involved.
  (ii) To meet the consultation requirement of paragraph (3)(B) 
in the case of a petition for a nonimmigrant described in 
section 101(a)(15)(O)(ii) (other than with respect to aliens 
seeking entry for a motion picture or television production), 
the petitioner shall submit with the petition an advisory 
opinion from a labor organization with expertise in the skill 
area involved.
  (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the 
petitioner shall submit with the petition an advisory opinion 
from a labor organization with expertise in the specific field 
of athletics or entertainment involved.
  (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
Attorney General shall forward a copy of the petition and all 
supporting documentation to the national office of an 
appropriate labor organization within 5 days of the date of 
receipt of the petition. If there is a collective bargaining 
representative of an employer's employees in the occupational 
classification for which the alien is being sought, that 
representative shall be the appropriate labor organization.
  (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the Attorney 
General shall adjudicate the petition without requiring an 
advisory opinion.
  (D) Any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the Attorney 
General shall adjudicate such petition in no more than 14 days. 
The Attorney General may shorten any specified time period for 
emergency reasons if no unreasonable burden would be thus 
imposed on any participant in the process.
  (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
artists or entertainers described in section 101(a)(15)(O) or 
101(a)(15)(P) to accommodate the exigencies and scheduling of a 
given production or event.
  (ii) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
athletes described in section 101(a)(15)(O)(i) or 
101(a)(15)(P)(i) in the case of emergency circumstances 
(including trades during a season).
  (F) No consultation required under this subsection by the 
Attorney General with a nongovernmental entity shall be 
construed as permitting the Attorney General to delegate any 
authority under this subsection to such an entity. The Attorney 
General shall give such weight to advisory opinions provided 
under this section as the Attorney General determines, in his 
sole discretion, to be appropriate.
  (7) If a petition is filed and denied under this subsection, 
the Attorney General shall notify the petitioner of the 
determination and the reasons for the denial and of the process 
by which the petitioner may appeal the determination.
  (8) The Attorney General shall submit annually to the 
Committees on the Judiciary of the House of Representatives and 
of the Senate a report describing, with respect to petitions 
under each subcategory of subparagraphs (H), (O), (P), and (Q) 
of section 101(a)(15) the following:
          (A) The number of such petitions which have been 
        filed.
          (B) The number of such petitions which have been 
        approved and the number of workers (by occupation) 
        included in such approved petitions.
          (C) The number of such petitions which have been 
        denied and the number of workers (by occupation) 
        requested in such denied petitions.
          (D) The number of such petitions which have been 
        withdrawn.
          (E) The number of such petitions which are awaiting 
        final action.
  (9)(A) The Attorney General shall impose a fee on an employer 
(excluding any employer that is a primary or secondary 
education institution, an institution of higher education, as 
defined in section 101(a) of the Higher Education Act of 1965 
(20 U.S.C. 1001(a), a nonprofit entity related to or affiliated 
with any such institution, a nonprofit entity which engages in 
established curriculum-related clinical training of students 
registered at any such institution, a nonprofit research 
organization, or a governmental research organization) filing 
before a petition under paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in section 101(a)(15)(H)(i)(b);
          (ii) to extend the stay of an alien having such 
        status (unless the employer previously has obtained an 
        extension for such alien); or
          (iii) to obtain authorization for an alien having 
        such status to change employers.
  (B) The amount of the fee shall be $1,500 for each such 
petition except that the fee shall be half the amount for each 
such petition by any employer with not more than 25 full-time 
equivalent employees who are employed in the United States 
(determined by including any affiliate or subsidiary of such 
employer).
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
          (10) An amended H-1B petition shall not be required 
        where the petitioning employer is involved in a 
        corporate restructuring, including but not limited to a 
        merger, acquisition, or consolidation, where a new 
        corporate entity succeeds to the interests and 
        obligations of the original petitioning employer and 
        where the terms and conditions of employment remain the 
        same but for the identity of the petitioner.
  (11)(A) Subject to subparagraph (B), the Secretary of 
Homeland Security or the Secretary of State, as appropriate, 
shall impose a fee on an employer who has filed an attestation 
described in section 212(t)--
          (i) in order that an alien may be initially granted 
        nonimmigrant status described in section 
        101(a)(15)(H)(i)(b1); or
          (ii) in order to satisfy the requirement of the 
        second sentence of subsection (g)(8)(C) for an alien 
        having such status to obtain certain extensions of 
        stay.
  (B) The amount of the fee shall be the same as the amount 
imposed by the Secretary of Homeland Security under paragraph 
(9), except that if such paragraph does not authorize such 
Secretary to impose any fee, no fee shall be imposed under this 
paragraph.
  (C) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(s).
  (12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1)--
          (i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
          (ii) to obtain authorization for an alien having such 
        status to change employers.
  (B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and 
detection fee on an alien filing an application abroad for a 
visa authorizing admission to the United States as a 
nonimmigrant described in section 101(a)(15)(L), if the alien 
is covered under a blanket petition described in paragraph 
(2)(A).
  (C) The amount of the fee imposed under subparagraph (A) or 
(B) shall be $500.
  (D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children 
who are accompanying or following to join such principal 
aliens.
  (E) Fees collected under this paragraph shall be deposited in 
the Treasury in accordance with section 286(v).
  (13)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention 
and detection fee on an employer filing a petition under 
paragraph (1) for nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b).
  (B) The amount of the fee imposed under subparagraph (A) 
shall be $150.
  (14)(A) If the Secretary of Homeland Security finds, after 
notice and an opportunity for a hearing, a substantial failure 
to meet any of the conditions of the petition to admit or 
otherwise provide status to a nonimmigrant worker under section 
101(a)(15)(H)(ii)(b) or a willful misrepresentation of a 
material fact in such petition--
          (i) the Secretary of Homeland Security may, in 
        addition to any other remedy authorized by law, impose 
        such administrative remedies (including civil monetary 
        penalties in an amount not to exceed $10,000 per 
        violation) as the Secretary of Homeland Security 
        determines to be appropriate; and
          (ii) the Secretary of Homeland Security may deny 
        petitions filed with respect to that employer under 
        section 204 or paragraph (1) of this subsection during 
        a period of at least 1 year but not more than 5 years 
        for aliens to be employed by the employer.
  (B) The Secretary of Homeland Security may delegate to the 
Secretary of Labor, with the agreement of the Secretary of 
Labor, any of the authority given to the Secretary of Homeland 
Security under subparagraph (A)(i).
  (C) In determining the level of penalties to be assessed 
under subparagraph (A), the highest penalties shall be reserved 
for willful failures to meet any of the conditions of the 
petition that involve harm to United States workers.
  (D) In this paragraph, the term ``substantial failure'' means 
the willful failure to comply with the requirements of this 
section that constitutes a significant deviation from the terms 
and conditions of a petition.
  (d)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(i) until the consular officer has 
received a petition filed in the United States by the fiancee 
or fiance of the applying alien and approved by the Secretary 
of Homeland Security. The petition shall be in such form and 
contain such information as the Secretary of Homeland Security 
shall, by regulation, prescribe. Such information shall include 
information on any criminal convictions of the petitioner for 
any specified crime described in paragraph (3)(B) and 
information on any permanent protection or restraining order 
issued against the petitioner related to any specified crime 
described in paragraph (3)(B)(i). It shall be approved only 
after satisfactory evidence is submitted by the petitioner to 
establish that the parties have previously met in person within 
2 years before the date of filing the petition, have a bona 
fide intention to marry, and are legally able and actually 
willing to conclude a valid marriage in the United States 
within a period of ninety days after the alien's arrival, 
except that the Secretary of Homeland Security in his 
discretion may waive the requirement that the parties have 
previously met in person. In the event the marriage with the 
petitioner does not occur within three months after the 
admission of the said alien and minor children, they shall be 
required to depart from the United States and upon failure to 
do so shall be removed in accordance with sections 240 and 241.
  (2)(A) Subject to subparagraphs (B) and (C), the Secretary of 
Homeland Security may not approve a petition under paragraph 
(1) unless the Secretary has verified that--
          (i) the petitioner has not, previous to the pending 
        petition, petitioned under paragraph (1) with respect 
        to two or more applying aliens; and
          (ii) if the petitioner has had such a petition 
        previously approved, 2 years have elapsed since the 
        filing of such previously approved petition.
  (B) The Secretary of Homeland Security may, in the 
Secretary's discretion, waive the limitations in subparagraph 
(A) if justification exists for such a waiver. Except in 
extraordinary circumstances and subject to subparagraph (C), 
such a waiver shall not be granted if the petitioner has a 
record of violent criminal offenses against a person or 
persons.
  (C)(i) The Secretary of Homeland Security is not limited by 
the criminal court record and shall grant a waiver of the 
condition described in the second sentence of subparagraph (B) 
in the case of a petitioner described in clause (ii).
  (ii) A petitioner described in this clause is a petitioner 
who has been battered or subjected to extreme cruelty and who 
is or was not the primary perpetrator of violence in the 
relationship upon a determination that--
          (I) the petitioner was acting in self-defense;
          (II) the petitioner was found to have violated a 
        protection order intended to protect the petitioner; or
          (III) the petitioner committed, was arrested for, was 
        convicted of, or pled guilty to committing a crime that 
        did not result in serious bodily injury and where there 
        was a connection between the crime and the petitioner's 
        having been battered or subjected to extreme cruelty.
  (iii) In acting on applications under this subparagraph, the 
Secretary of Homeland Security shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence 
shall be within the sole discretion of the Secretary.
  (3) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.
  (e)
  (1) An alien who is a citizen of Canada or Mexico, and the 
spouse and children of any such alien if accompanying or 
following to join such alien, who seeks to enter the United 
States under and pursuant to the provisions of Section D of 
Annex 16-A of the USMCA (as defined in section 3 of the United 
States-Mexico-Canada Agreement Implementation Act) to engage in 
business activities at a professional level as provided for in 
such Annex, may be admitted for such purpose under regulations 
of the Attorney General promulgated after consultation with the 
Secretaries of State and Labor. For purposes of this Act, 
including the issuance of entry documents and the application 
of subsection (b), such alien shall be treated as if seeking 
classification, or classifiable, as a nonimmigrant under 
section 101(a)(15). For purposes of this paragraph, the term 
``citizen of Mexico'' means ``citizen'' as defined in article 
16.1 of the USMCA.
  (2) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.
  (f)(1) Except as provided in paragraph (3), no alien shall be 
entitled to nonimmigrant status described in section 
101(a)(15)(D) if the alien intends to land for the purpose of 
performing service on board a vessel of the United States (as 
defined in section 2101(46) of title 46, United States Code) or 
on an aircraft of an air carrier (as defined in section 
40102(a)(2) of title 49, United States Code) during a labor 
dispute where there is a strike or lockout in the bargaining 
unit of the employer in which the alien intends to perform such 
service.
  (2) An alien described in paragraph (1)--
          (A) may not be paroled into the United States 
        pursuant to section 212(d)(5) unless the Attorney 
        General determines that the parole of such alien is 
        necessary to protect the national security of the 
        United States; and
          (B) shall be considered not to be a bona fide crewman 
        for purposes of section 252(b).
  (3) Paragraph (1) shall not apply to an alien if the air 
carrier or owner or operator of such vessel that employs the 
alien provides documentation that satisfies the Attorney 
General that the alien--
          (A) has been an employee of such employer for a 
        period of not less than 1 year preceding the date that 
        a strike or lawful lockout commenced;
          (B) has served as a qualified crewman for such 
        employer at least once in each of 3 months during the 
        12-month period preceding such date; and
          (C) shall continue to provide the same services that 
        such alien provided as such a crewman.
  (g)(1) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
(beginning with fiscal year 1992)--
          (A) under section 101(a)(15)(H)(i)(b), may not 
        exceed--
                  (i) 65,000 in each fiscal year before fiscal 
                year 1999;
                  (ii) 115,000 in fiscal year 1999;
                  (iii) 115,000 in fiscal year 2000;
                  (iv) 195,000 in fiscal year 2001;
                  (v) 195,000 in fiscal year 2002;
                  (vi) 195,000 in fiscal year 2003; and
                  (vii) 65,000 in each succeeding fiscal year; 
                or
          (B) under section 101(a)(15)(H)(ii)(b) may not exceed 
        66,000.
  (2) The numerical limitations of paragraph (1) shall only 
apply to principal aliens and not to the spouses or children of 
such aliens.
  (3) Aliens who are subject to the numerical limitations of 
paragraph (1) shall be issued visas (or otherwise provided 
nonimmigrant status) in the order in which petitions are filed 
for such visas or status. If an alien who was issued a visa or 
otherwise provided nonimmigrant status and counted against the 
numerical limitations of paragraph (1) is found to have been 
issued such visa or otherwise provided such status by fraud or 
willfully misrepresenting a material fact and such visa or 
nonimmigrant status is revoked, then one number shall be 
restored to the total number of aliens who may be issued visas 
or otherwise provided such status under the numerical 
limitations of paragraph (1) in the fiscal year in which the 
petition is revoked, regardless of the fiscal year in which the 
petition was approved.
  (4) In the case of a nonimmigrant described in section 
101(a)(15)(H)(i)(b), the period of authorized admission as such 
a nonimmigrant may not exceed 6 years.
  (5) The numerical limitations contained in paragraph (1)(A) 
shall not apply to any nonimmigrant alien issued a visa or 
otherwise provided status under section 101(a)(15)(H)(i)(b) 
who--
          (A) is employed (or has received an offer of 
        employment) at an institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a))), or a related or 
        affiliated nonprofit entity;
          (B) is employed (or has received an offer of 
        employment) at a nonprofit research organization or a 
        governmental research organization; or
          (C) has earned a master's or higher degree from a 
        United States institution of higher education (as 
        defined in section 101(a) of the Higher Education Act 
        of 1965 (20 U.S.C. 1001(a)), until the number of aliens 
        who are exempted from such numerical limitation during 
        such year exceeds 20,000.
  (6) Any alien who ceases to be employed by an employer 
described in paragraph (5)(A) shall, if employed as a 
nonimmigrant alien described in section 101(a)(15)(H)(i)(b), 
who has not previously been counted toward the numerical 
limitations contained in paragraph (1)(A), be counted toward 
those limitations the first time the alien is employed by an 
employer other than one described in paragraph (5).
  (7) Any alien who has already been counted, within the 6 
years prior to the approval of a petition described in 
subsection (c), toward the numerical limitations of paragraph 
(1)(A) shall not again be counted toward those limitations 
unless the alien would be eligible for a full 6 years of 
authorized admission at the time the petition is filed. Where 
multiple petitions are approved for 1 alien, that alien shall 
be counted only once.
  (8)(A) The agreements referred to in section 
101(a)(15)(H)(i)(b1) are--
          (i) the United States-Chile Free Trade Agreement; and
          (ii) the United States-Singapore Free Trade 
        Agreement.
  (B)(i) The Secretary of Homeland Security shall establish 
annual numerical limitations on approvals of initial 
applications by aliens for admission under section 
101(a)(15)(H)(i)(b1).
  (ii) The annual numerical limitations described in clause (i) 
shall not exceed--
          (I) 1,400 for nationals of Chile (as defined in 
        article 14.9 of the United States-Chile Free Trade 
        Agreement) for any fiscal year; and
          (II) 5,400 for nationals of Singapore (as defined in 
        Annex 1A of the United States-Singapore Free Trade 
        Agreement) for any fiscal year.
  (iii) The annual numerical limitations described in clause 
(i) shall only apply to principal aliens and not to the spouses 
or children of such aliens.
  (iv) The annual numerical limitation described in paragraph 
(1)(A) is reduced by the amount of the annual numerical 
limitations established under clause (i). However, if a 
numerical limitation established under clause (i) has not been 
exhausted at the end of a given fiscal year, the Secretary of 
Homeland Security shall adjust upwards the numerical limitation 
in paragraph (1)(A) for that fiscal year by the amount 
remaining in the numerical limitation under clause (i). Visas 
under section 101(a)(15)(H)(i)(b) may be issued pursuant to 
such adjustment within the first 45 days of the next fiscal 
year to aliens who had applied for such visas during the fiscal 
year for which the adjustment was made.
  (C) The period of authorized admission as a nonimmigrant 
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be 
extended, but only in 1-year increments. After every second 
extension, the next following extension shall not be granted 
unless the Secretary of Labor had determined and certified to 
the Secretary of Homeland Security and the Secretary of State 
that the intending employer has filed with the Secretary of 
Labor an attestation under section 212(t)(1) for the purpose of 
permitting the nonimmigrant to obtain such extension.
  (D) The numerical limitation described in paragraph (1)(A) 
for a fiscal year shall be reduced by one for each alien 
granted an extension under subparagraph (C) during such year 
who has obtained 5 or more consecutive prior extensions.
  (9)(A) Subject to subparagraphs (B) and (C), an alien who has 
already been counted toward the numerical limitation of 
paragraph (1)(B) during fiscal year 2013, 2014, or 2015 shall 
not again be counted toward such limitation during fiscal year 
2016. Such an alien shall be considered a returning worker.
  (B) A petition to admit or otherwise provide status under 
section 101(a)(15)(H)(ii)(b) shall include, with respect to a 
returning worker--
          (i) all information and evidence that the Secretary 
        of Homeland Security determines is required to support 
        a petition for status under section 
        101(a)(15)(H)(ii)(b);
          (ii) the full name of the alien; and
          (iii) a certification to the Department of Homeland 
        Security that the alien is a returning worker.
  (C) An H-2B visa or grant of nonimmigrant status for a 
returning worker shall be approved only if the alien is 
confirmed to be a returning worker by--
          (i) the Department of State; or
          (ii) if the alien is visa exempt or seeking to change 
        to status under section 101 (a)(15)(H)(ii)(b), the 
        Department of Homeland Security.
  (10) The numerical limitations of paragraph (1)(B) shall be 
allocated for a fiscal year so that the total number of aliens 
subject to such numerical limits who enter the United States 
pursuant to a visa or are accorded nonimmigrant status under 
section 101(a)(15)(H)(ii)(b) during the first 6 months of such 
fiscal year is not more than 33,000.
  (11)(A) The Secretary of State may not approve a number of 
initial applications submitted for aliens described in section 
101(a)(15)(E)(iii) that is more than the applicable numerical 
limitation set out in this paragraph.
  (B) The applicable numerical limitation referred to in 
subparagraph (A) is 10,500 for each fiscal year.
  (C) The applicable numerical limitation referred to in 
subparagraph (A) shall only apply to principal aliens and not 
to the spouses or children of such aliens.
  (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.
  (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.
  (h) The fact that an alien is the beneficiary of an 
application for a preference status filed under section 204 or 
has otherwise sought permanent residence in the United States 
shall not constitute evidence of an intention to abandon a 
foreign residence for purposes of obtaining a visa as a 
nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), 
or (V) of section 101(a)(15) or otherwise obtaining or 
maintaining the status of a nonimmigrant described in such 
subparagraph, if the alien had obtained a change of status 
under section 248 to a classification as such a nonimmigrant 
before the alien's most recent departure from the United 
States.
  (i)(1) Except as provided in paragraph (3), for purposes of 
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
paragraph (2), the term ``specialty occupation'' means an 
occupation that requires--
          (A) theoretical and practical application of a body 
        of highly specialized knowledge, and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements of this paragraph, with respect to a specialty 
occupation, are--
          (A) full state licensure to practice in the 
        occupation, if such licensure is required to practice 
        in the occupation,
          (B) completion of the degree described in paragraph 
        (1)(B) for the occupation, or
          (C)(i) experience in the specialty equivalent to the 
        completion of such degree, and (ii) recognition of 
        expertise in the specialty through progressively 
        responsible positions relating to the specialty.
  (3) For purposes of section 101(a)(15)(H)(i)(b1), the term 
``specialty occupation'' means an occupation that requires--
          (A) theoretical and practical application of a body 
        of specialized knowledge; and
          (B) attainment of a bachelor's or higher degree in 
        the specific specialty (or its equivalent) as a minimum 
        for entry into the occupation in the United States.
  (j)
          (1) Notwithstanding any other provision of this Act, 
        an alien who is a citizen of Canada or Mexico who seeks 
        to enter the United States under and pursuant to the 
        provisions of Section B, Section C, or Section D of 
        Annex 16-A of the USMCA (as defined in section 3 of the 
        United States-Mexico-Canada Agreement Implementation 
        Act), shall not be classified as a nonimmigrant under 
        such provisions if there is in progress a strike or 
        lockout in the course of a labor dispute in the 
        occupational classification at the place or intended 
        place of employment, unless such alien establishes, 
        pursuant to regulations promulgated by the Attorney 
        General, that the alien's entry will not affect 
        adversely the settlement of the strike or lockout or 
        the employment of any person who is involved in the 
        strike or lockout. Notice of a determination under this 
        paragraph shall be given as may be required by 
        paragraph 3 of article 16.4 of the USMCA. For purposes 
        of this paragraph, the term ``citizen of Mexico'' means 
        ``citizen'' as defined in article 16.1 of the USMCA.
  (2) Notwithstanding any other provision of this Act except 
section 212(t)(1), and subject to regulations promulgated by 
the Secretary of Homeland Security, an alien who seeks to enter 
the United States under and pursuant to the provisions of an 
agreement listed in subsection (g)(8)(A), and the spouse and 
children of such an alien if accompanying or following to join 
the alien, may be denied admission as a nonimmigrant under 
subparagraph (E), (L), or (H)(i)(b1) of section 101(a)(15) if 
there is in progress a labor dispute in the occupational 
classification at the place or intended place of employment, 
unless such alien establishes, pursuant to regulations 
promulgated by the Secretary of Homeland Security after 
consultation with the Secretary of Labor, that the alien's 
entry will not affect adversely the settlement of the labor 
dispute or the employment of any person who is involved in the 
labor dispute. Notice of a determination under this paragraph 
shall be given as may be required by such agreement.
  (k)(1) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year 
may not exceed 200. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any 
fiscal year may not exceed 50.
  (2) The period of admission of an alien as such a 
nonimmigrant may not exceed 3 years. Such period may not be 
extended by the Attorney General.
  (3) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant--
          (A) shall report not less often than quarterly to the 
        Attorney General such information concerning the 
        alien's whereabouts and activities as the Attorney 
        General may require;
          (B) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of 1 year or more 
        after the date of such admission;
          (C) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the 
        basis of an application for withholding of removal, any 
        action for removal of the alien instituted before the 
        alien obtains lawful permanent resident status; and
          (D) shall abide by any other condition, limitation, 
        or restriction imposed by the Attorney General.
  (4) The Attorney General shall submit a report annually to 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning--
          (A) the number of such nonimmigrants admitted;
          (B) the number of successful criminal prosecutions or 
        investigations resulting from cooperation of such 
        aliens;
          (C) the number of terrorist acts prevented or 
        frustrated resulting from cooperation of such aliens;
          (D) the number of such nonimmigrants whose admission 
        or cooperation has not resulted in successful criminal 
        prosecution or investigation or the prevention or 
        frustration of a terrorist act; and
          (E) the number of such nonimmigrants who have failed 
        to report quarterly (as required under paragraph (3)) 
        or who have been convicted of crimes in the United 
        States after the date of their admission as such a 
        nonimmigrant.
  (l)(1) In the case of a request by an interested State 
agency, or by an interested Federal agency, for a waiver of the 
2-year foreign residence requirement under section 212(e) on 
behalf of an alien described in clause (iii) of such section, 
the Attorney General shall not grant such waiver unless--
          (A) in the case of an alien who is otherwise 
        contractually obligated to return to a foreign country, 
        the government of such country furnishes the Director 
        of the United States Information Agency with a 
        statement in writing that it has no objection to such 
        waiver;
          (B) in the case of a request by an interested State 
        agency, the grant of such waiver would not cause the 
        number of waivers allotted for that State for that 
        fiscal year to exceed 30;
          (C) in the case of a request by an interested Federal 
        agency or by an interested State agency--
                  (i) the alien demonstrates a bona fide offer 
                of full-time employment at a health facility or 
                health care organization, which employment has 
                been determined by the Attorney General to be 
                in the public interest; and
                  (ii) the alien agrees to begin employment 
                with the health facility or health care 
                organization within 90 days of receiving such 
                waiver, and agrees to continue to work for a 
                total of not less than 3 years (unless the 
                Attorney General determines that extenuating 
                circumstances exist, such as closure of the 
                facility or hardship to the alien, which would 
                justify a lesser period of employment at such 
                health facility or health care organization, in 
                which case the alien must demonstrate another 
                bona fide offer of employment at a health 
                facility or health care organization for the 
                remainder of such 3-year period); and
          (D) in the case of a request by an interested Federal 
        agency (other than a request by an interested Federal 
        agency to employ the alien full-time in medical 
        research or training) or by an interested State agency, 
        the alien agrees to practice primary care or specialty 
        medicine in accordance with paragraph (2) for a total 
        of not less than 3 years only in the geographic area or 
        areas which are designated by the Secretary of Health 
        and Human Services as having a shortage of health care 
        professionals, except that--
                  (i) in the case of a request by the 
                Department of Veterans Affairs, the alien shall 
                not be required to practice medicine in a 
                geographic area designated by the Secretary;
                  (ii) in the case of a request by an 
                interested State agency, the head of such State 
                agency determines that the alien is to practice 
                medicine under such agreement in a facility 
                that serves patients who reside in one or more 
                geographic areas so designated by the Secretary 
                of Health and Human Services (without regard to 
                whether such facility is located within such a 
                designated geographic area), and the grant of 
                such waiver would not cause the number of the 
                waivers granted on behalf of aliens for such 
                State for a fiscal year (within the limitation 
                in subparagraph (B)) in accordance with the 
                conditions of this clause to exceed 10; and
                  (iii) in the case of a request by an 
                interested Federal agency or by an interested 
                State agency for a waiver for an alien who 
                agrees to practice specialty medicine in a 
                facility located in a geographic area so 
                designated by the Secretary of Health and Human 
                Services, the request shall demonstrate, based 
                on criteria established by such agency, that 
                there is a shortage of health care 
                professionals able to provide services in the 
                appropriate medical specialty to the patients 
                who will be served by the alien.
          (2)(A) Notwithstanding section 248(a)(2), the 
        Attorney General may change the status of an alien who 
        qualifies under this subsection and section 212(e) to 
        that of an alien described in section 
        101(a)(15)(H)(i)(b). The numerical limitations 
        contained in subsection (g)(1)(A) shall not apply to 
        any alien whose status is changed under the preceding 
        sentence, if the alien obtained a waiver of the 2-year 
        foreign residence requirement upon a request by an 
        interested Federal agency or an interested State 
        agency.
          (B) No person who has obtained a change of status 
        under subparagraph (A) and who has failed to fulfill 
        the terms of the contract with the health facility or 
        health care organization named in the waiver 
        application shall be eligible to apply for an immigrant 
        visa, for permanent residence, or for any other change 
        of nonimmigrant status, until it is established that 
        such person has resided and been physically present in 
        the country of his nationality or his last residence 
        for an aggregate of at least 2 years following 
        departure from the United States.
          (3) Notwithstanding any other provision of this 
        subsection, the 2-year foreign residence requirement 
        under section 212(e) shall apply with respect to an 
        alien described in clause (iii) of such section, who 
        has not otherwise been accorded status under section 
        101(a)(27)(H), if--
                  (A) at any time the alien ceases to comply 
                with any agreement entered into under 
                subparagraph (C) or (D) of paragraph (1); or
                  (B) the alien's employment ceases to benefit 
                the public interest at any time during the 3-
                year period described in paragraph (1)(C).
  (m)(1) An alien may not be accorded status as a nonimmigrant 
under clause (i) or (iii) of section 101(a)(15)(F) in order to 
pursue a course of study--
          (A) at a public elementary school or in a publicly 
        funded adult education program; or
          (B) at a public secondary school unless--
                  (i) the aggregate period of such status at 
                such a school does not exceed 12 months with 
                respect to any alien, and (ii) the alien 
                demonstrates that the alien has reimbursed the 
                local educational agency that administers the 
                school for the full, unsubsidized per capita 
                cost of providing education at such school for 
                the period of the alien's attendance.
  (2) An alien who obtains the status of a nonimmigrant under 
clause (i) or (iii) of section 101(a)(15)(F) in order to pursue 
a course of study at a private elementary or secondary school 
or in a language training program that is not publicly funded 
shall be considered to have violated such status, and the 
alien's visa under section 101(a)(15)(F) shall be void, if the 
alien terminates or abandons such course of study at such a 
school and undertakes a course of study at a public elementary 
school, in a publicly funded adult education program, in a 
publicly funded adult education language training program, or 
at a public secondary school (unless the requirements of 
paragraph (1)(B) are met).
  (n)(1) A nonimmigrant alien described in paragraph (2) who 
was previously issued a visa or otherwise provided nonimmigrant 
status under section 101(a)(15)(H)(i)(b) is authorized to 
accept new employment upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant as 
provided under subsection (a). Employment authorization shall 
continue for such alien until the new petition is adjudicated. 
If the new petition is denied, such authorization shall cease.
  (2) A nonimmigrant alien described in this paragraph is a 
nonimmigrant alien--
          (A) who has been lawfully admitted into the United 
        States;
          (B) on whose behalf an employer has filed a 
        nonfrivolous petition for new employment before the 
        date of expiration of the period of stay authorized by 
        the Attorney General; and
          (C) who, subsequent to such lawful admission, has not 
        been employed without authorization in the United 
        States before the filing of such petition.
  (o)(1) No alien shall be eligible for admission to the United 
States under section 101(a)(15)(T) if there is substantial 
reason to believe that the alien has committed an act of a 
severe form of trafficking in persons (as defined in section 
103 of the Trafficking Victims Protection Act of 2000).
  (2) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year 
under section 101(a)(15)(T) may not exceed 5,000.
  (3) The numerical limitation of paragraph (2) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
  (4) An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 101(a)(15)(T)(i), 
and who was under 21 years of age on the date on which such 
parent applied for such status, shall continue to be classified 
as a child for purposes of section 101(a)(15)(T)(ii), if the 
alien attains 21 years of age after such parent's application 
was filed but while it was pending.
  (5) An alien described in clause (i) of section 101(a)(15)(T) 
shall continue to be treated as an alien described in clause 
(ii)(I) of such section if the alien attains 21 years of age 
after the alien's application for status under such clause (i) 
is filed but while it is pending.
  (6) In making a determination under section 
101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements 
from State and local law enforcement officials that the alien 
has complied with any reasonable request for assistance in the 
investigation or prosecution of crimes such as kidnapping, 
rape, slavery, or other forced labor offenses, where severe 
forms of trafficking in persons (as defined in section 103 of 
the Trafficking Victims Protection Act of 2000) appear to have 
been involved, shall be considered.
  (7)(A) Except as provided in subparagraph (B), an alien who 
is issued a visa or otherwise provided nonimmigrant status 
under section 101(a)(15)(T) may be granted such status for a 
period of not more than 4 years.
  (B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the 
period of such status beyond the period described in 
subparagraph (A) if--
          (i) a Federal, State, or local law enforcement 
        official, prosecutor, judge, or other authority 
        investigating or prosecuting activity relating to human 
        trafficking or certifies that the presence of the alien 
        in the United States is necessary to assist in the 
        investigation or prosecution of such activity;
          (ii) the alien is eligible for relief under section 
        245(l) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section; or
          (iii) the Secretary of Homeland Security determines 
        that an extension of the period of such nonimmigrant 
        status is warranted due to exceptional circumstances.
  (C) Nonimmigrant status under section 101(a)(15)(T) shall be 
extended during the pendency of an application for adjustment 
of status under section 245(l).
  (p) Requirements Applicable to Section 101(a)(15)(U) Visas.--
          (1) Petitioning procedures for section 101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        101(a)(15)(U)(i) shall contain a certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating criminal activity described in 
        section 101(a)(15)(U)(iii). This certification may also 
        be provided by an official of the Service whose ability 
        to provide such certification is not limited to 
        information concerning immigration violations. This 
        certification shall state that the alien ``has been 
        helpful, is being helpful, or is likely to be helpful'' 
        in the investigation or prosecution of criminal 
        activity described in section 101(a)(15)(U)(iii).
          (2) Numerical limitations.--
                  (A) The number of aliens who may be issued 
                visas or otherwise provided status as 
                nonimmigrants under section 101(a)(15)(U) in 
                any fiscal year shall not exceed 10,000.
                  (B) The numerical limitations in subparagraph 
                (A) shall only apply to principal aliens 
                described in section 101(a)(15)(U)(i), and not 
                to spouses, children, or, in the case of alien 
                children, the alien parents of such children.
          (3) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U)--
                  (A) the Attorney General and other government 
                officials, where appropriate, shall provide 
                those aliens with referrals to nongovernmental 
                organizations to advise the aliens regarding 
                their options while in the United States and 
                the resources available to them; and
                  (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
          (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
          (5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status 
        under section 101(a)(15)(U) to seek any other 
        immigration benefit or status for which the alien may 
        be eligible.
          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        101(a)(15)(U) shall be for a period of not more than 4 
        years, but shall be extended upon certification from a 
        Federal, State, or local law enforcement official, 
        prosecutor, judge, or other Federal, State, or local 
        authority investigating or prosecuting criminal 
        activity described in section 101(a)(15)(U)(iii) that 
        the alien's presence in the United States is required 
        to assist in the investigation or prosecution of such 
        criminal activity. The Secretary of Homeland Security 
        may extend, beyond the 4-year period authorized under 
        this section, the authorized period of status of an 
        alien as a nonimmigrant under section 101(a)(15)(U) if 
        the Secretary determines that an extension of such 
        period is warranted due to exceptional circumstances. 
        Such alien's nonimmigrant status shall be extended 
        beyond the 4-year period authorized under this section 
        if the alien is eligible for relief under section 
        245(m) and is unable to obtain such relief because 
        regulations have not been issued to implement such 
        section and shall be extended during the pendency of an 
        application for adjustment of status under section 
        245(m). The Secretary may grant work authorization to 
        any alien who has a pending, bona fide application for 
        nonimmigrant status under section 101(a)(15)(U).
          (7) Age determinations.--
                  (A) Children.--An unmarried alien who seeks 
                to accompany, or follow to join, a parent 
                granted status under section 101(a)(15)(U)(i), 
                and who was under 21 years of age on the date 
                on which such parent petitioned for such 
                status, shall continue to be classified as a 
                child for purposes of section 
                101(a)(15)(U)(ii), if the alien attains 21 
                years of age after such parent's petition was 
                filed but while it was pending.
                  (B) Principal aliens.--An alien described in 
                clause (i) of section 101(a)(15)(U) shall 
                continue to be treated as an alien described in 
                clause (ii)(I) of such section if the alien 
                attains 21 years of age after the alien's 
                application for status under such clause (i) is 
                filed but while it is pending.
  (q)(1) In the case of a nonimmigrant described in section 
101(a)(15)(V)--
          (A) the Attorney General shall authorize the alien to 
        engage in employment in the United States during the 
        period of authorized admission and shall provide the 
        alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment; and
          (B) the period of authorized admission as such a 
        nonimmigrant shall terminate 30 days after the date on 
        which any of the following is denied:
                  (i) The petition filed under section 204 to 
                accord the alien a status under section 
                203(a)(2)(A) (or, in the case of a child 
                granted nonimmigrant status based on 
                eligibility to receive a visa under section 
                203(d), the petition filed to accord the 
                child's parent a status under section 
                203(a)(2)(A)).
                  (ii) The alien's application for an immigrant 
                visa pursuant to the approval of such petition.
                  (iii) The alien's application for adjustment 
                of status under section 245 pursuant to the 
                approval of such petition.
  (2) In determining whether an alien is eligible to be 
admitted to the United States as a nonimmigrant under section 
101(a)(15)(V), the grounds for inadmissibility specified in 
section 212(a)(9)(B) shall not apply.
  (3) The status of an alien physically present in the United 
States may be adjusted by the Attorney General, in the 
discretion of the Attorney General and under such regulations 
as the Attorney General may prescribe, to that of a 
nonimmigrant under section 101(a)(15)(V), if the alien--
          (A) applies for such adjustment;
          (B) satisfies the requirements of such section; and
          (C) is eligible to be admitted to the United States, 
        except in determining such admissibility, the grounds 
        for inadmissibility specified in paragraphs (6)(A), 
        (7), and (9)(B) of section 212(a) shall not apply.
  (r)(1) A visa shall not be issued under the provisions of 
section 101(a)(15)(K)(ii) until the consular officer has 
received a petition filed in the United States by the spouse of 
the applying alien and approved by the Attorney General. The 
petition shall be in such form and contain such information as 
the Attorney General shall, by regulation, prescribe. Such 
information shall include information on any criminal 
convictions of the petitioner for any specified crime described 
in paragraph (5)(B) and information on any permanent protection 
or restraining order issued against the petitioner related to 
any specified crime described in subsection (5)(B)(i).
  (2) In the case of an alien seeking admission under section 
101(a)(15)(K)(ii) who concluded a marriage with a citizen of 
the United States outside the United States, the alien shall be 
considered inadmissible under section 212(a)(7)(B) if the alien 
is not at the time of application for admission in possession 
of a valid nonimmigrant visa issued by a consular officer in 
the foreign state in which the marriage was concluded.
  (3) In the case of a nonimmigrant described in section 
101(a)(15)(K)(ii), and any child of such a nonimmigrant who was 
admitted as accompanying, or following to join, such a 
nonimmigrant, the period of authorized admission shall 
terminate 30 days after the date on which any of the following 
is denied:
          (A) The petition filed under section 204 to accord 
        the principal alien status under section 
        201(b)(2)(A)(i).
          (B) The principal alien's application for an 
        immigrant visa pursuant to the approval of such 
        petition.
          (C) The principal alien's application for adjustment 
        of status under section 245 pursuant to the approval of 
        such petition.
  (4)(A) The Secretary of Homeland Security shall create a 
database for the purpose of tracking multiple visa petitions 
filed for fiance(e)s and spouses under clauses (i) and (ii) of 
section 101(a)(15)(K). Upon approval of a second visa petition 
under section 101(a)(15)(K) for a fiance(e) or spouse filed by 
the same United States citizen petitioner, the petitioner shall 
be notified by the Secretary that information concerning the 
petitioner has been entered into the multiple visa petition 
tracking database. All subsequent fiance(e) or spouse 
nonimmigrant visa petitions filed by that petitioner under such 
section shall be entered in the database.
  (B)(i) Once a petitioner has had two fiance(e) or spousal 
petitions approved under clause (i) or (ii) of section 
101(a)(15)(K), if a subsequent petition is filed under such 
section less than 10 years after the date the first visa 
petition was filed under such section, the Secretary of 
Homeland Security shall notify both the petitioner and 
beneficiary of any such subsequent petition about the number of 
previously approved fiance(e) or spousal petitions listed in 
the database.
  (ii) To notify the beneficiary as required by clause (i), the 
Secretary of Homeland Security shall provide such notice to the 
Secretary of State for inclusion in the mailing to the 
beneficiary described in section 833(a)(5)(A)(i) of the 
International Marriage Broker Regulation Act of 2005 (8 U.S.C. 
1375a(a)(5)(A)(i)).
  (5) In this subsection:
          (A) The terms ``domestic violence'', ``sexual 
        assault'', ``child abuse and neglect'', ``dating 
        violence'', ``elder abuse'', and ``stalking'' have the 
        meaning given such terms in section 3 of the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005.
          (B) The term ``specified crime'' means the following:
                  (i) Domestic violence, sexual assault, child 
                abuse and neglect, dating violence, elder 
                abuse, stalking, or an attempt to commit any 
                such crime.
                  (ii) Homicide, murder, manslaughter, rape, 
                abusive sexual contact, sexual exploitation, 
                incest, torture, trafficking, peonage, holding 
                hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal 
                restraint, false imprisonment, or an attempt to 
                commit any of the crimes described in this 
                clause.
                  (iii) At least three convictions for crimes 
                relating to a controlled substance or alcohol 
                not arising from a single act.

           *       *       *       *       *       *       *


               Chapter 5--Adjustment and Change of Status


  adjustment of status of nonimmigrant to that of person admitted for 
                          permanent residence

  Sec. 245. (a) The status of an alien who was inspected and 
admitted or paroled into the United States or the status of any 
other alien having an approved petition for classification as a 
VAWA self-petitioner may be adjusted by the Attorney General, 
in his discretion and under such regulations as he may 
prescribe, to that of an alien lawfully admitted for permanent 
residence if (1) the alien makes an application for such 
adjustment, (2) the alien is eligible to receive an immigrant 
visa and is admissible to the United States for permanent 
residence, and (3) an immigrant visa is immediately available 
to him at the time his application is filed.
  (b) Upon the approval of an application for adjustment made 
under subsection (a), the Attorney General shall record the 
alien's lawful admission for permanent residence as of the date 
the order of the Attorney General approving the application for 
the adjustment of status is made, and the Secretary of State 
shall reduce by one the number of the preference visas 
authorized to be issued under sections 202 and 203 within the 
class to which the alien is chargeable for the fiscal year then 
current.
  (c) Other than an alien having an approved petition for 
classification as a VAWA self-petitioner, subsection (a) shall 
not be applicable to (1) an alien crewman; (2) subject to 
subsection (k), an alien (other than an immediate relative as 
defined in section 201(b) or a special immigrant described in 
section 101(a)(27)(H), (I), (J), or (K)) who hereafter 
continues in or accepts unauthorized employment prior to filing 
an application for adjustment of status or who is in unlawful 
immigration status on the date of filing the application for 
adjustment of status or who has failed (other than through no 
fault of his own or for technical reasons) to maintain 
continuously a lawful status since entry into the United 
States; (3) any alien admitted in transit without visa under 
section 212(d)(4)(C); (4) an alien (other than an immediate 
relative as defined in section 201(b)) who was admitted as a 
nonimmigrant visitor without a visa under section 212(l) or 
section 217; (5) an alien who was admitted as a nonimmigrant 
described in section 101(a)(15)(S), (6) an alien who is 
deportable under section 237(a)(4)(B); (7) any alien who seeks 
adjustment of status to that of an immigrant under section 
203(b) and is not in a lawful nonimmigrant status; or (8) any 
alien who was employed while the alien was an unauthorized 
alien, as defined in section 274A(h)(3), or who has otherwise 
violated the terms of a nonimmigrant visa.
  (d) The Attorney General may not adjust, under subsection 
(a), the status of an alien lawfully admitted to the United 
States for permanent residence on a conditional basis under 
section 216. The Attorney General may not adjust, under 
subsection (a), the status of a nonimmigrant alien described in 
section 101(a)(15)(K) except to that of an alien lawfully 
admitted to the United States on a conditional basis under 
section 216 as a result of the marriage of the nonimmigrant 
(or, in the case of a minor child, the parent) to the citizen 
who filed the petition to accord that alien's nonimmigrant 
status under section 101(a)(15)(K).
  (e)(1) Except as provided in paragraph (3), an alien who is 
seeking to receive an immigrant visa on the basis of a marriage 
which was entered into during the period described in paragraph 
(2) may not have the alien's status adjusted under subsection 
(a).
  (2) The period described in this paragraph is the period 
during which administrative or judicial proceedings are pending 
regarding the alien's right to be admitted or remain in the 
United States.
  (3) Paragraph (1) and section 204(g) shall not apply with 
respect to a marriage if the alien establishes by clear and 
convincing evidence to the satisfaction of the Attorney General 
that the marriage was entered into in good faith and in 
accordance with the laws of the place where the marriage took 
place and the marriage was not entered into for the purpose of 
procuring the alien's admission as an immigrant and no fee or 
other consideration was given (other than a fee or other 
consideration to an attorney for assistance in preparation of a 
lawful petition) for the filing of a petition under section 
204(a) or subsection (d) or (p) of section 214 with respect to 
the alien spouse or alien son or daughter. In accordance with 
regulations, there shall be only one level of administrative 
appellate review for each alien under the previous sentence.
  (f) The Attorney General may not adjust, under subsection 
(a), the status of an alien lawfully admitted to the United 
States for permanent residence on a conditional basis under 
section 216A.
  (g) In applying this section to a special immigrant described 
in section 101(a)(27)(K), such an immigrant shall be deemed, 
for purposes of subsection (a), to have been paroled into the 
United States.
  (h) In applying this section to a special immigrant described 
in section 101(a)(27)(J)--
          (1) such an immigrant shall be deemed, for purposes 
        of subsection (a), to have been paroled into the United 
        States; and
          (2) in determining the alien's admissibility as an 
        immigrant--
                  (A) paragraphs (4), (5)(A), (6)(A), (6)(C), 
                (6)(D), (7)(A), and (9)(B) of section 212(a) 
                shall not apply; and
                  (B) the Attorney General may waive other 
                paragraphs of section 212(a) (other than 
                paragraphs (2)(A), (2)(B), (2)(C) (except for 
                so much of such paragraph as related to a 
                single offense of simple possession of 30 grams 
                or less of marijuana), (3)(A), (3)(B), (3)(C), 
                and (3)(E)) in the case of individual aliens 
                for humanitarian purposes, family unity, or 
                when it is otherwise in the public interest.
The relationship between an alien and the alien's natural 
parents or prior adoptive parents shall not be considered a 
factor in making a waiver under paragraph (2)(B). Nothing in 
this subsection or section 101(a)(27)(J) shall be construed as 
authorizing an alien to apply for admission or be admitted to 
the United States in order to obtain special immigrant status 
described in such section.
  (i)(1) Notwithstanding the provisions of subsections (a) and 
(c) of this section, an alien physically present in the United 
States--
          (A) who--
                  (i) entered the United States without 
                inspection; or
                  (ii) is within one of the classes enumerated 
                in 
                subsection (c) of this section;
          (B) who is the beneficiary (including a spouse or 
        child of the principal alien, if eligible to receive a 
        visa under section 203(d)) of--
                  (i) a petition for classification under 
                section 204 that was filed with the Attorney 
                General on or before April 30, 2001; or
                  (ii) an application for a labor certification 
                under section 212(a)(5)(A) that was filed 
                pursuant to the regulations of the Secretary of 
                Labor on or before such date; and
          (C) who, in the case of a beneficiary of a petition 
        for classification, or an application for labor 
        certification, described in subparagraph (B) that was 
        filed after January 14, 1998, is physically present in 
        the United States on the date of the enactment of the 
        LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or 
her status to that of an alien lawfully admitted for permanent 
residence. The Attorney General may accept such application 
only if the alien remits with such application a sum equalling 
$1,000 as of the date of receipt of the application, but such 
sum shall not be required from a child under the age of 
seventeen, or an alien who is the spouse or unmarried child of 
an individual who obtained temporary or permanent resident 
status under section 210 or 245A of the Immigration and 
Nationality Act or section 202 of the Immigration Reform and 
Control Act of 1986 at any date, who--
                  
          (i) as of May 5, 1988, was the unmarried child or 
        spouse of the individual who obtained temporary or 
        permanent resident status under section 210 or 245A of 
        the Immigration and Nationality Act or section 202 of 
        the Immigration Reform and Control Act of 1986;
          (ii) entered the United States before May 5, 1988, 
        resided in the United States on May 5, 1988, and is not 
        a lawful permanent resident; and
          (iii) applied for benefits under section 301(a) of 
        the Immigration Act of 1990. The sum specified herein 
        shall be in addition to the fee normally required for 
        the processing of an application under this section.
  (2) Upon receipt of such an application and the sum hereby 
required, the Attorney General may adjust the status of the 
alien to that of an alien lawfully admitted for permanent 
residence if--
          (A) the alien is eligible to receive an immigrant 
        visa and is admissible to the United States for 
        permanent residence; and
          (B) an immigrant visa is immediately available to the 
        alien at the time the application is filed.
  (3)(A) The portion of each application fee (not to exceed 
$200) that the Attorney General determines is required to 
process an application under this section and is remitted to 
the Attorney General pursuant to paragraphs (1) and (2) of this 
subsection shall be disposed of by the Attorney General as 
provided in subsections (m), (n), and (o) of section 286.
  (B) Any remaining portion of such fees remitted under such 
paragraphs shall be deposited by the Attorney General into the 
Breached Bond/Detention Fund established under section 286(r), 
except that in the case of fees attributable to applications 
for a beneficiary with respect to whom a petition for 
classification, or an application for labor certification, 
described in paragraph (1)(B) was filed after January 14, 1998, 
one-half of such remaining portion shall be deposited by the 
Attorney General into the Immigration Examinations Fee Account 
established under section 286(m).
  (j)(1) If, in the opinion of the Attorney General--
          (A) a nonimmigrant admitted into the United States 
        under section 101(a)(15)(S)(i) has supplied information 
        described in subclause (I) of such section; and
          (B) the provision of such information has 
        substantially contributed to the success of an 
        authorized criminal investigation or the prosecution of 
        an individual described in subclause (III) of that 
        section,
the Attorney General may adjust the status of the alien (and 
the spouse, married and unmarried sons and daughters, and 
parents of the alien if admitted under that section) to that of 
an alien lawfully admitted for permanent residence if the alien 
is not described in section 212(a)(3)(E).
  (2) If, in the sole discretion of the Attorney General--
          (A) a nonimmigrant admitted into the United States 
        under section 101(a)(15)(S)(ii) has supplied 
        information described in subclause (I) of such section, 
        and
          (B) the provision of such information has 
        substantially contributed to--
                  (i) the prevention or frustration of an act 
                of terrorism against a United States person or 
                United States property, or
                  (ii) the success of an authorized criminal 
                investigation of, or the prosecution of, an 
                individual involved in such an act of 
                terrorism, and
          (C) the nonimmigrant has received a reward under 
        section 36(a) of the State Department Basic Authorities 
        Act of 1956,
the Attorney General may adjust the status of the alien (and 
the spouse, married and unmarried sons and daughters, and 
parents of the alien if admitted under such section) to that of 
an alien lawfully admitted for permanent residence if the alien 
is not described in section 212(a)(3)(E).
  (3) Upon the approval of adjustment of status under paragraph 
(1) or (2), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date of such 
approval and the Secretary of State shall reduce by one the 
number of visas authorized to be issued under sections 201(d) 
and 203(b)(4) for the fiscal year then current.
  (k) An alien who is eligible to receive an immigrant visa 
under paragraph (1), (2), (3), or (5) of section 203(b) (or, in 
the case of an alien who is an immigrant described in section 
101(a)(27)(C), under section 203(b)(4)) may adjust status 
pursuant to subsection (a) or (n) and notwithstanding 
subsection (c)(2), (c)(7), and (c)(8), if--
          (1) the alien, on the date of filing an application 
        for adjustment of status, is present in the United 
        States pursuant to a lawful admission;
          (2) the alien, subsequent to such lawful admission 
        has not, for an aggregate period exceeding 180 days--
                  (A) failed to maintain, continuously, a 
                lawful status;
                  (B) engaged in unauthorized employment; or
                  (C) otherwise violated the terms and 
                conditions of the alien's admission.
  (l)(1) If, in the opinion of the Secretary of Homeland 
Security, or in the case of subparagraph (C)(i), in the opinion 
of the Secretary of Homeland Security, in consultation with the 
Attorney General, as appropriate a nonimmigrant admitted into 
the United States under section 101(a)(15)(T)(i)--
          (A) has been physically present in the United States 
        for a continuous period of at least 3 years since the 
        date of admission as a nonimmigrant under section 
        101(a)(15)(T)(i), or has been physically present in the 
        United States for a continuous period during the 
        investigation or prosecution of acts of trafficking and 
        that, in the opinion of the Attorney General, the 
        investigation or prosecution is complete, whichever 
        period of time is less;
          (B) subject to paragraph (6), has, throughout such 
        period, been a person of good moral character; and
          (C)(i) has, during such period, complied with any 
        reasonable request for assistance in the investigation 
        or prosecution of acts of trafficking;
          (ii) the alien would suffer extreme hardship 
        involving unusual and severe harm upon removal from the 
        United States; or
                  (iii) was younger than 18 years of age at the 
                time of the victimization qualifying the alien 
                for relief under section 101(a)(15)(T).
the Secretary of Homeland Security, or in the case of 
subparagraph (C)(i), the Attorney General, may adjust the 
status of the alien (and any person admitted under section 
101(a)(15)(T)(ii) as the spouse, parent, sibling, or child of 
the alien) to that of an alien lawfully admitted for permanent 
residence.
  (2) Paragraph (1) shall not apply to an alien admitted under 
section 101(a)(15)(T) who is inadmissible to the United States 
by reason of a ground that has not been waived under section 
212, except that, if the Secretary of Homeland Security 
considers it to be in the national interest to do so, the 
Secretary of Homeland Security, in the Attorney General's 
discretion, may waive the application of--
          (A) paragraphs (1) and (4) of section 212(a); and
          (B) any other provision of such section (excluding 
        paragraphs (3), (10)(C), and (10(E)), if the activities 
        rendering the alien inadmissible under the provision 
        were caused by, or were incident to, the victimization 
        described in section 101(a)(15)(T)(i)(I).
  (3) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under 
paragraph (1)(A) if the alien has departed from the United 
States for any period in excess of 90 days or for any periods 
in the aggregate exceeding 180 days, unless--
          (A) the absence was necessary to assist in the 
        investigation or prosecution described in paragraph 
        (1)(A); or
          (B) an official involved in the investigation or 
        prosecution certifies that the absence was otherwise 
        justified.
  (4)(A) The total number of aliens whose status may be 
adjusted under paragraph (1) during any fiscal year may not 
exceed 5,000.
  (B) The numerical limitation of subparagraph (A) shall only 
apply to principal aliens and not to the spouses, sons, 
daughters, siblings, or parents of such aliens.
  (5) Upon the approval of adjustment of status under paragraph 
(1), the Secretary of Homeland Security shall record the 
alien's lawful admission for permanent residence as of the date 
of such approval.
  (6) For purposes of paragraph (1)(B), the Secretary of 
Homeland Security may waive consideration of a disqualification 
from good moral character with respect to an alien if the 
disqualification was caused by, or incident to, the trafficking 
described in section 101(a)(15)(T)(i)(I).
  (7) The Secretary of Homeland Security shall permit aliens to 
apply for a waiver of any fees associated with filing an 
application for relief through final adjudication of the 
adjustment of status for a VAWA self-petitioner and for relief 
under sections 101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), 
and 244(a)(3) (as in effect on March 31, 1997).
  (m)(1) Secretary of Homeland Security may adjust the status 
of an alien admitted into the United States (or otherwise 
provided nonimmigrant status) under section 101(a)(15)(U) to 
that of an alien lawfully admitted for permanent residence if 
the alien is not described in section 212(a)(3)(E), unless the 
Secretary determines based on affirmative evidence that the 
alien unreasonably refused to provide assistance in a criminal 
investigation or prosecution, if--
          (A) the alien has been physically present in the 
        United States for a continuous period of at least 3 
        years since the date of admission as a nonimmigrant 
        under clause (i) or (ii) of section 101(a)(15)(U); and
          (B) in the opinion of the Secretary of Homeland 
        Security, the alien's continued presence in the United 
        States is justified on humanitarian grounds, to ensure 
        family unity, or is otherwise in the public interest.
  (2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under 
paragraph (1)(A) if the alien has departed from the United 
States for any period in excess of 90 days or for any periods 
in the aggregate exceeding 180 days unless the absence is in 
order to assist in the investigation or prosecution or unless 
an official involved in the investigation or prosecution 
certifies that the absence was otherwise justified.
  (3) Upon approval of adjustment of status under paragraph (1) 
of an alien described in section 101(a)(15)(U)(i) the Secretary 
of Homeland Security may adjust the status of or issue an 
immigrant visa to a spouse, a child, or, in the case of an 
alien child, a parent who did not receive a nonimmigrant visa 
under section 101(a)(15)(U)(ii) if the Secretary considers the 
grant of such status or visa necessary to avoid extreme 
hardship.
  (4) Upon the approval of adjustment of status under paragraph 
(1) or (3), the Secretary of Homeland Security shall record the 
alien's lawful admission for permanent residence as of the date 
of such approval.
  (5)(A) The Secretary of Homeland Security shall consult with 
the Attorney General, as appropriate, in making a determination 
under paragraph (1) whether affirmative evidence demonstrates 
that the alien unreasonably refused to provide assistance to a 
Federal law enforcement official, Federal prosecutor, Federal 
judge, or other Federal authority investigating or prosecuting 
criminal activity described in section 101(a)(15)(U)(iii).
  (B) Nothing in paragraph (1)(B) may be construed to prevent 
the Secretary from consulting with the Attorney General in 
making a determination whether affirmative evidence 
demonstrates that the alien unreasonably refused to provide 
assistance to a State or local law enforcement official, State 
or local prosecutor, State or local judge, or other State or 
local authority investigating or prosecuting criminal activity 
described in section 101(a)(15)(U)(iii).
  (n) If the approval of a petition for classification under 
section 203(b)(5) would make a visa immediately available to 
the alien beneficiary, the alien beneficiary's application for 
adjustment of status under this section shall be considered to 
be properly filed whether the application is submitted 
concurrently with, or subsequent to, the visa petition.
  (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 Equal Access to Green 
                        cards for Legal Employment Act of 2022; 
                        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.

           *       *       *       *       *       *       *

                              ----------                              


                 CHINESE STUDENT PROTECTION ACT OF 1992




           *       *       *       *       *       *       *
SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN 
                    NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.

  (a) In General.--Subject to subsection (c)(1), whenever an 
alien described in subsection (b) applies for adjustment of 
status under section 245 of the Immigration and Nationality Act 
during the application period [(as defined in subsection (e))] 
the following rules shall apply with respect to such 
adjustment:
          (1) The alien shall be deemed to have had a petition 
        approved under section 204(a) of such Act for 
        classification under section 203(b)(3)(A)(i) of such 
        Act.
          (2) The application shall be considered without 
        regard to whether an immigrant visa number is 
        immediately available at the time the application is 
        filed.
          (3) In determining the alien's admissibility as an 
        immigrant, and the alien's eligibility for an immigrant 
        visa--
                  (A) paragraphs (5) and (7)(A) of section 
                212(a) and section 212(e) of such Act shall not 
                apply; and
                  (B) the Attorney General may waive any other 
                provision of section 212(a) (other than 
                paragraph (2)(C) and subparagraph (A), (B), 
                (C), or (E) of paragraph (3)) of such Act with 
                respect to such adjustment for humanitarian 
                purposes, for purposes of assuring family 
                unity, or if otherwise in the public interest.
          (4) The numerical level of section 202(a)(2) of such 
        Act shall not apply.
          (5) Section 245(c) of such Act shall not apply.
  (b) Aliens Covered.--For purposes of this section, an alien 
described in this subsection is an alien who--
          (1) is a national of the People's Republic of China 
        described in section 1 of Executive Order No. 12711 as 
        in effect on April 11, 1990;
          (2) has resided continuously in the United States 
        since April 11, 1990 (other than brief, casual, and 
        innocent absences); and
          (3) was not physically present in the People's 
        Republic of China for longer than 90 days after such 
        date and before the date of the enactment of this Act.
  (c) Condition; Dissemination of Information.--
          (1) Not applicable if safe return permitted.--
        Subsection (a) shall not apply to any alien if the 
        President has determined and certified to Congress, 
        before the first day of the application period, that 
        conditions in the People's Republic of China permit 
        aliens described in subsection (b)(1) to return to that 
        foreign state in safety.
          (2) Dissemination of information.--If the President 
        has not made the certification described in paragraph 
        (1) by the first day of the application period, the 
        Attorney General shall, subject to the availability of 
        appropriations, immediately broadly disseminate to 
        aliens described in subsection (b)(1) information 
        respecting the benefits available under this section. 
        To the extent practicable, the Attorney General shall 
        provide notice of these benefits to the last known 
        mailing address of each such alien.
  [(d) Offset in Per Country Numerical Level.--
          [(1) In general.--The numerical level under section 
        202(a)(2) of the Immigration and Nationality Act 
        applicable to natives of the People's Republic of China 
        in each applicable fiscal year (as defined in paragraph 
        (3)) shall be reduced by 1,000.
          [(2) Allotment if section 202(e) applies.--If section 
        202(e) of the Immigration and Nationality Act is 
        applied to the People's Republic of China in an 
        applicable fiscal year, in applying such section--
                  [(A) 300 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(3)(A)(i) of such Act in that year, and
                  [(B) 700 immigrant visa numbers shall be 
                deemed to have been previously issued to 
                natives of that foreign state under section 
                203(b)(5) of such Act in that year.
          [(3) Applicable fiscal year.--
                  [(A) In general.--In this subsection, the 
                term ``applicable fiscal year'' means each 
                fiscal year during the period--
                          [(i) beginning with the fiscal year 
                        in which the application period begins; 
                        and
                          [(ii) ending with the first fiscal 
                        year by the end of which the cumulative 
                        number of aliens counted for all fiscal 
                        years under subparagraph (B) equals or 
                        exceeds the total number of aliens 
                        whose status has been adjusted under 
                        section 245 of the Immigration and 
                        Nationality Act pursuant to subsection 
                        (a).
                  [(B) Number counted each year.--The number 
                counted under this subparagraph for a fiscal 
                year (beginning during or after the application 
                period) is 1,000, plus the number (if any) by 
                which (i) the immigration level under section 
                202(a)(2) of the Immigration and Nationality 
                Act for the People's Republic of China in the 
                fiscal year (as reduced under this subsection), 
                exceeds (ii) the number of aliens who were 
                chargeable to such level in the year.]
  [(e)] (d) Application Period Defined.--In this section, the 
term ``application period'' means the 12-month period beginning 
July 1, 1993.

                             Minority Views

    Democrats on the House Judiciary Committee seem completely 
unaware that there is an unprecedented crisis on our southern 
border. During April 2022, U.S. Customs and Border Protection 
(CBP) officials encountered more than 234,000 illegal aliens 
along the southwest U.S. border--the highest monthly total in 
history.\1\ Since President Biden took office, CBP officials 
have encountered over 2.7 million illegal aliens along the 
southwest border.\2\ Nearly one million of those aliens have 
been released into the U.S. by the Department of Homeland 
Security (DHS) pursuant to DHS policy.\3\ At the same time, 
over 600,000 illegal alien ``gotaways'' have made their way 
across the southwest border and into the U.S. undetected.\4\ 
Rather than work to address the Biden border crisis, the 
Committee is focused on legislation like H.R. 3648, the EAGLE 
Act, which does nothing to fix the root causes of President 
Biden's immigration mess.
---------------------------------------------------------------------------
    \1\U.S. Customs and Border Protections, Southwest Land Border 
Encounters, https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters.
    \2\Id.
    \3\Texas v. Biden, Case No: 2:21-cv-00067-Z (N.D. Texas) (Brief For 
America First Legal Foundation As Amicus Curiae In Support of 
Respondents, Defendants' Monthly Report For March 2022, Defendants' 
Monthly Report For April 2022).
    \4\Post Editorial Board, Biden Resumes `Air Illegal' Into 
Westchester as Migrant Tide Grows Even Worse, N.Y. Post (Apr. 18, 2022) 
https://nypost.com/2022/04/18/biden-resumes-air-illegal-into-
westchester-as-migrant-tide-grows-worse/.
---------------------------------------------------------------------------
    Instead, H.R. 3648 would change per-country annual green 
card limits for certain green cards, reform the H-1B visa 
program, and create a loophole in the annual employment-based 
green card limit for aliens currently in the U.S. on a 
nonimmigrant (temporary) visa. Under current law, nationals of 
one country may receive no more than seven percent of the 
employment-based or family-based green cards allotted each 
year. H.R. 3648 would turn the green card system into a first-
come, first-served process by eliminating the annual per-
country limit on employment-based green cards and reducing the 
annual per country limit on family-based green cards from 15 
percent to seven percent.\5\
---------------------------------------------------------------------------
    \5\EAGLE Act of 2021, H.R. 3648, 117th Cong. Sec. 2(a).
---------------------------------------------------------------------------
    The practical effect of changing the per-country cap is 
that nationals from countries with many people on the green 
card wait list will get their green cards before nationals of 
countries that do not have individuals on the wait list. In 
fact, nationals of some countries will be shut out of green 
card allocation for several years, while nationals of India and 
China--the two countries with the highest number of nationals 
on the employment-based green card wait lists--will take their 
place.\6\
---------------------------------------------------------------------------
    \6\U.S. Citizenship and Immigration Services, Approved Employment 
Based Petitions Awaiting Visa Availability By Preference Category and 
Country of Birth As of September 2021, https://www.uscis.gov/sites/
default/files/document/data/
EB_I140_I360_I526_performancedata_fy2021_Q3_Q4.pdf.
---------------------------------------------------------------------------
    H.R. 3648 contains ``transition rules'' aimed at preventing 
a few countries (those with nationals on the wait list) from 
getting the entirety of the green cards allotted during the 
first nine years.\7\ For instance, the bill requires that in 
the first year after enactment, 30 percent of the employment-
based green cards must be reserved for nationals of countries 
that are not India and China.\8\ That percent is reduced over 
the next eight years until the reservation is eliminated. 
However, the transition rules do not apply to the employment-
based fifth preference green card (EB5) category.\9\ Thus, if 
H.R. 3648 is passed and enacted, only nationals of China would 
get EB5 green cards for the next several years.
---------------------------------------------------------------------------
    \7\EAGLE Act of 2021, H.R. 3648, 117th Cong. Sec. 2(e).
    \8\Id.
    \9\Id.
---------------------------------------------------------------------------
    Even with the transition rules in place for the second and 
third preference employment-based categories, nationals of 
India and China would be issued the overwhelming majority of 
employment-based green cards for the next several years. 
Democrats push forward this legislation despite increasing 
concerns with national security, theft of sensitive 
technologies, theft and other threats from the Chinese 
government, and the Biden-Harris Administration's roll-back of 
Trump Administration immigration-related protections against 
spying by Chinese nationals who took advantage of the U.S. 
immigration system.
    Generally, an alien currently in the U.S. on a nonimmigrant 
(temporary) visa cannot apply for adjustment of status to that 
of a lawful permanent resident until a green card becomes 
available for that individual.\10\ H.R. 3648 would allow aliens 
in the U.S. on virtually any nonimmigrant visa to apply for 
adjustment of status before a green card becomes available.\11\ 
The effects is that these aliens will be eligible for 
employment authorization and can remain in the U.S. 
indefinitely until such time as a green card becomes available. 
This end-run around the annual green card limit would flood the 
market with cheap foreign labor and would displace U.S. 
workers.
---------------------------------------------------------------------------
    \10\U.S. Citizenship and Immigration Services, Adjustment of 
Status, https://www.uscis.gov/green-card/green-card-processes-and-
procedures/adjustment-of-status.
    \11\EAGLE Act of 2021, H.R. 3648, 117th Cong. Sec. 7.
---------------------------------------------------------------------------

                DEMOCRATS REJECTED REPUBLICAN AMENDMENTS

    During the Committee's consideration of H.R. 3648, Rep. 
Mike Johnson offered an amendment to add the employment-based 
fourth preference category to the transition rules in H.R. 3468 
to ensure that religious workers are not precluded from 
obtaining green cards for the next several years. The Democrats 
rejected the amendment.
    Rep. Tom Tiffany offered an amendment to prohibit H-1B 
visas from being issued to nationals of recalcitrant countries. 
The Democrats rejected the amendment. Similarly, Rep. Dan 
Bishop offered an amendment to prohibit H-1B visas from being 
issued to aliens who are members of, or who are affiliated 
with, the Chinese Communist Party, and to prohibit the 
Secretary of Homeland Security from admitted such aliens to the 
U.S. The Democrats rejected the amendment.

                               CONCLUSION

    President Biden's radical immigration policies have caused 
an unprecedented humanitarian and security crisis at our 
southwest border. H.R. 3648 does absolutely nothing to fix the 
Biden border crisis. Instead, it continues far-left immigration 
policies that put Chinese nationals and others ahead of 
American citizens.
                                                Jim Jordan,
                                                    Ranking Member.

                                  [all]