,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #fgj  ,,in ,,the ,,house ,,of   
,,representatives  ,january #bd1        
#bjag,ms4 ,lofgren introduced the       
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to amend the ,immigration and  
,nationality ,act to reform the ,h-#a;,b
 visa program1 and for other purposes4  
#a4 ,short title ,this ,act may be cited
 as the ,high-,skilled ,integrity and   
,fairness ,act of #bjag4  #b4 ,numerical
 limitation to any single foreign state 
7a7 ,in general ,section #bjb7;a77#b7 of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #aaeb7;a77#b77 is         
amended--  7#a7 in the paragraph        
heading1 by striking and                
employment-based2  7#b7 by striking     
7#c71 7#d71 and 7#e71 and inserting 7#c7
 and 7#d712  7#c7 by striking           
subsections 7a7 and 7b7 of section #bjc 
and inserting section #bjc7;a72  7#d7 by
 striking #g and inserting #ae2 and     
7#e7 by striking such subsections and   

inserting such section4  7b7 ,conforming
 amendments ,section #bjb of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaeb7 is amended--  7#a7 in  
subsection 7a77#c71 by striking both    
subsections 7a7 and 7b7 of section #bjc 
and inserting section #bjc7;a72  7#b7 by
 striking subsection 7a77#e72 and  7#c7 
by amending subsection 7e7 to read as   
follows3  7e7 ,special rules for        
countries at ceiling ,if it is          
determined that the total number of     
immigrant visas made available under    
section #bjc7;a7 to natives of any      
single foreign state or dependent area  
will exceed the numerical limitation    
specified in subsection 7a77#b7 in any  
fiscal year1 in determining the         
allotment of immigrant visa numbers to  
natives under section #bjc7;a71 visa    
numbers with respect to natives of that 
state or area shall be allocated 7to the
 extent practicable and otherwise       
consistent with this section and section
 #bjc7 in a manner so that1 except as   

provided in subsection 7a77#d71 the     
proportion of the visa numbers made     
available under each of paragraphs 7#a7 
through 7#d7 of section #bjc7;a7 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  
#bjc7;a74  4  7c7 ,country-,specific    
offset ,section #b of the ,chinese      
,student ,protection ,act of #aiib 7#h  
,u4,s4,c4 #abee note7 is amended-- 7#a7 
in subsection 7a71 by striking          
subsection 7e77 and inserting subsection
 7d772 and  7#b7 by striking subsection 
7d7 and redesignating subsection 7e7 as 
subsection 7d74  7d7 ,effective date    
,the amendments made by this section    
shall take effect as if enacted on      
,september #cj1 #bjaf1 and shall apply  
to fiscal years beginning with fiscal   
year #bjag4  7e7 ,transition rules for  
employment-,based immigrants  7#a7 ,in  
general ,subject to the succeeding      
paragraphs of this subsection and       

notwithstanding title ,,ii of the       
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaea et seq471 the following 
rules shall apply3  7,a7 ,for fiscal    
year #bjag1 #ae percent of the immigrant
 visas made available under each of     
paragraphs 7#b7 and 7#c7 of section     
#bjc7;b7 of such ,act 7#h ,u4,s4,c4     
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that was not one
 of the two states with the largest     
aggregate numbers of natives obtaining  
immigrant visas during fiscal year #bjaa
 under such paragraphs4  7,b7 ,for      
fiscal year #bjah1 #aj percent of the   
immigrant visas made available under    
each of such paragraphs shall be        
allotted to immigrants who are natives  
of a foreign state or dependent area    
that was not one of the two states with 
the largest aggregate numbers of natives
 obtaining immigrant visas during fiscal
 year #bjab under such paragraphs4  7,c7
 ,for fiscal year #bjai1 #aj percent of 

the immigrant visas made available under
 each of such paragraphs shall be       
allotted to immigrants who are natives  
of a foreign state or dependent area    
that was not one of the two states with 
the largest aggregate numbers of natives
 obtaining immigrant visas during fiscal
 year #bjae under such paragraphs4  7#b7
 ,per-country levels  7,a7 ,reserved    
visas ,with respect to the visas        
reserved under each of subparagraphs    
7,a7 through 7,c7 of paragraph 7#a71 the
 number of such visas made available to 
natives of any single foreign state or  
dependent area in the appropriate fiscal
 year may not exceed #be percent 7in the
 case of a single foreign state7 or #b  
percent 7in the case of a dependent     
area7 of the total number of such visas4
  7,b7 ,unreserved visas ,with respect  
to the immigrant visas made available   
under each of paragraphs 7#b7 and 7#c7  
of section #bjc7;b7 of such ,act 7#h    
,u4,s4,c4 #aaec7;b77 and not reserved   
under paragraph 7#a71 for each of fiscal

 years #bjag1 #bjah1 and #bjai1 not more
 than #he percent shall be allotted to  
immigrants who are natives of any single
 foreign state4  7#c7 ,special rule to  
prevent unused visas ,if1 with respect  
to fiscal year #bjag1 #bjah1 or #bjai1  
the operation of paragraphs 7#a7 and    
7#b7 of this subsection would prevent   
the total number of immigrant visas made
 available under paragraph 7#b7 or 7#c7 
of section #bjc7;b7 of such ,act 7#h    
,u4,s4,c4 #aaec7;b77 from being issued1 
such visas may be issued during the     
remainder of such fiscal year without   
regard to paragraphs 7#a7 and 7#b7 of   
this subsection4  7#d7 ,rules for       
chargeability ,section #bjb7;b7 of such 
,act 7#h ,u4,s4,c4 #aaeb7;b77 shall     
apply in determining the foreign state  
to which an alien is chargeable for     
purposes of this subsection4  #c4       
,strengthening integrity in the ,h-#a;,b
 program ,section #bab7n77#c77;,b77i7 of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #aahb7n77#c77;,b77i77 is  

amended by striking all that follows    
after means an ,h-#a;,b nonimmigrant and
 inserting the following3 1 in any      
occupation1 who receives wages          
7calculated such that non-discretionary 
cash bonuses1 incentive payments1       
non-cash bonuses1 and similar           
compensation may be considered wages and
 will be applied based on their fair    
market value at the time the employer   
files the petition1 and no wages may    
come from any form of discretionary     
compensation7 at an annual rate equal to
 at least #ce percentile points more    
than the median wage for the most recent
 national annual wage estimates for     
,computer and ,mathematical ,occupations
 7,group #ae-jjjj7 7or any successor    
group1 as designated by the ,secretary  
of ,labor7 as published in the          
,occupational ,employment ,statistics by
 the ,secretary of ,labor2 and4  #d4    
,transparency for and prohibiting       
penalties against foreign high-skilled  
workers  7a7 ,immigration documents     

,section #bjd of the ,immigration and   
,nationality ,act 7#h ,u4,s4,c4 #aaed7  
is amended by adding at the end the     
following3  7m7 ,employer ,to provide   
immigration documentation  7#a7 ,in     
general ,not later than #cj calendar    
days after receiving a written request  
from a beneficiary1 a petitioner shall  
provide any current or former employee  
currently or previously described in    
section #aja7;a77#ae77;,h7 or 7,l7 with 
an accurate1 legible copy of the        
nonimmigrant petition that was filed by 
the petitioner and that named the       
requestor as a beneficiary1 along with a
 copy of any receipt notice1 approval   
notice1 or denial notice related to such
 petition4  7#b7 ,withholding of        
information ,if a document required to  
be provided under paragraph 7#a7        
includes any confidential or sensitive  
business information1 the employer may  
redact or withhold such information from
 the requestor4  7#c7 ,timeframe ,any   
request under this subsection shall be  

submitted to the petitioner not later   
than #c years after the date on which   
the nonimmigrant petition for status    
under section #aja7;a77#ae77;,h7 or 7,l7
 was filed4  7#d7 ,penalty ,if the      
,secretary of ,labor finds1 after notice
 and opportunity for a hearing1 a       
knowing failure to meet a condition of  
this subsection or a knowing            
misrepresentation of material fact--    
7,a7 the ,secretary of ,labor shall     
notify the ,attorney ,general of such   
finding and may1 in addition1 impose    
such administrative remedies 7including 
civil monetary penalties in an amount   
not to exceed #e1jjj per violation7 as  
the ,secretary determines to be         
appropriate2 and  7,b7 the ,secretary   
shall not approve petitions filed with  
respect to that employer under section  
#bjd or #bad7;c7 during a period of at  
least #b years for aliens to be employed
 by the employer4  4  7b7 ,liquidated   
damages prohibited ,section             
#bab7n77#b77;,c77vi77,i7 of the         

,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7n77#b77;,c77vi77,i77 is 
amended by striking all that follows    
after a violation of this clause and    
inserting the following3 for an employer
 who has filed an application under this
 subsection to require an ,h-#a;,b      
nonimmigrant to pay a penalty or        
liquidated damages for ceasing          
employment with the employer prior to a 
date agreed to by the nonimmigrant and  
the employer44  #e4 ,strengthening the  
prevailing wage system to protect       
american workers ,section #bab7p7 of the
 ,immigration and ,nationality ,act 7#h 
,u4,s4,c4 #aahb7p77 is amended to read  
as follows3  7p7 ,computation of        
prevailing wage level  7#a7 ,the        
,secretary of ,labor shall make         
available to employers a governmental   
survey to determine the prevailing wage 
for each occupational classification by 
metropolitan statistical area in the    
,united ,states4 ,such survey1 or other 
survey approved by the ,secretary of    

,labor1 shall provide #c levels of wages
 commensurate with experience1          
education1 and level of supervision4    
,such wage levels shall be determined as
 follows3  7,a7 ,the first level shall  
be the mean of the lowest two-thirds of 
wages surveyed1 but in no case less than
 #hj percent of the mean of the wages   
surveyed4  7,b7 ,the second level shall 
be the mean of wages surveyed4  7,c7    
,the third level shall be the mean of   
the highest two-thirds of wages         
surveyed4  7#b7 ,the prevailing wage    
level required to be paid pursuant to   
section #bjc7;b77#a77;,d7 and           
subsections 7a77#e77;,a71               
7n77#a77;,a77i77,,ii71 and              
7t77#a77;,a77i77,,ii7 of this section   
shall be #ajj percent of the wage level 
determined pursuant to those sections4  
7#c7 ,in computing the prevailing wage  
level for an occupational classification
 in an area of employment for purposes  
of section #bjc7;b77#a77;,d7 and        
subsections 7a77#e77;,a71               

7n77#a77;,a77i77,,ii71 and              
7t77#a77;,a77i77,,ii7 of this section in
 the case of an employee of--  7,a7 an  
institution of higher education1 or a   
related or affiliated nonprofit entity1 
or  7,b7 a nonprofit research           
organization or a ,governmental research
 organization1  the prevailing wage     
level shall only take into account      
employees at such institutions and      
organizations in the area of employment4
  7#d7 ,with respect to a professional  
athlete 7as defined in subsection       
7a77#e77;,a77iii77,,ii77 when the job   
opportunity is covered by professional  
sports league rules or regulations1 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 wage4  4   
#f4 ,market-based ,h-#a;,b visa and     
status allocation ,section #bad7;g77#c7 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aahd7;g77#c771 is   

amended-- 7#a7 by striking the first    
sentence and inserting the following3   
7,a7 ,subject to subparagraph 7,b71     
aliens who are subject to the numerical 
limitations under paragraph 7#a77;,a7   
shall be issued visas1 or otherwise     
provided nonimmigrant status in a manner
 and order established by the ,secretary
 by regulation4 ,if for a fiscal year   
petitions are filed seeking a number of 
nonimmigrant workers under section      
#aja7;a77#ae77;,h77i77b7 that exceeds   
the numerical limitation set out in     
paragraph 7#a77;,a7 for such fiscal     
year1 the ,secretary of ,homeland       
,security shall allocate the available  
visas for the petitions seeking such    
worker in accordance with subparagraph  
7,b74  2 and  7#b7 by adding at the end 
the following3  7,b7 ,if for a fiscal   
year petitions are filed seeking a      
number of nonimmigrant workers under    
section #aja7;a77#ae77;,h77i77b7 that   
exceeds the numerical limitation set out
 in paragraph 7#a77;,a7 for such fiscal 

year1 the ,secretary shall consider and 
approve petitions for a visa or         
nonimmigrant status under section       
#aja7;a77#ae77;,h77i77b7 in accordance  
with the following3  7i7 first1 if the  
petitioner certifies that the prevailing
 wage level for the position is level #c
 7or successor wage level7 and the      
nonimmigrant will receive wages         
7calculated such that non-discretionary 
cash bonuses1 incentive payments1       
non-cash bonuses1 and similar           
compensation may be considered wages and
 will be applied based on their fair    
market value at the time the employer   
files the petition1 and no wages may    
come from any form of discretionary     
compensation7 greater than or equal to  
#bjj percent of the level #c prevailing 
wage as published by the ,secretary of  
,labor for an occupational              
classification in the area of employment
 at the time of filing the application1 
then #aej percent1 then #ajj percent2   
7ii7 then1 if the petitioner certifies  

that the prevailing wage level for the  
position is level #b 7or successor wage 
level7 and the nonimmigrant will receive
 wages 7calculated such that            
non-discretionary cash bonuses1         
incentive payments1 non-cash bonuses1   
and similar compensation may be         
considered wages and will be applied    
based on their fair market value at the 
time the employer files the petition1   
and no wages may come from any form of  
discretionary compensation7 greater than
 or equal to #bjj percent of the level  
#b prevailing wage as published by the  
,secretary of ,labor for an occupational
 classification in the area of          
employment at the time of filing the    
application1 then #aej percent1 then    
#ajj percent2 and  7iii7 then1 if the   
petitioner certifies that the prevailing
 wage level for the position is level #a
 7or successor wage level7 and the      
nonimmigrant will receive wages         
7calculated such that non-discretionary 
cash bonuses1 incentive payments1       

non-cash bonuses1 and similar           
compensation may be considered wages and
 will be applied based on their fair    
market value at the time the employer   
files the petition1 and no wages may    
come from any form of discretionary     
compensation7 greater than or equal to  
#bjj percent of the level #a prevailing 
wage as published by the ,secretary of  
,labor for an occupational              
classification in the area of employment
 at the time of filing the application1 
then #aej percent1 then #ajj percent4   
7,c7 ,the employer may not reduce the   
,h-#a;,b nonimmigrant's wages1          
regardless of whether the deduction is  
in accordance with a voluntary          
authorization by the ,h-#a;,b           
nonimmigrant1 except for ,federal1      
,state1 and local taxes and lawful      
garnishments4 ,an employer may also     
reduce an ,h-#a;,b nonimmigrant's wages 
if the deduction is authorized by a     
collective bargaining agreement or is   
reasonable and customary in the         

occupation and_/or area of employment1  
including deductions for health1 life1  
disability and other insurance plans2   
retirement and savings plans2 and union 
dues4  7,d7 ,the employer may no longer 
employ the ,h-#a;,b nonimmigrant        
described in subparagraph 7,b7 if the   
,h-#a;,b nonimmigrant's wages           
7calculated such that non-discretionary 
cash bonuses1 incentive payments1       
non-cash bonuses1 and similar           
compensation may be considered wages and
 will be applied based on their fair    
market value at the time the employer   
files the petition1 and no wages may    
come from any form of discretionary     
compensation7 are reduced below the     
level identified in clauses 7i71 7ii71  
and 7iii7 of subparagraph 7,b74  7,e7   
,if the ,h-#a;,b nonimmigrant described 
in subparagraph 7,b7 receives wages     
7calculated such that non-discretionary 
cash bonuses1 incentive payments1       
non-cash bonuses1 and similar           
compensation may be considered wages and

 will be applied based on their fair    
market value at the time the employer   
files the petition1 and no wages may    
come from any form of discretionary     
compensation7 for services rendered on  
behalf of the employer for #cj calendar 
days or more1 including partial days1 in
 any area of employment other than area 
of employment indicated at the time of  
filing the application1 the employer    
shall pay the ,h-#a;,b nonimmigrant     
wages at the level identified in clauses
 7i71 7ii71 and 7iii7 based on the      
prevailing wage of the area of          
employment with the highest prevailing  
wage4  7,f7 ,if the ,secretary of ,labor
 finds1 after notice and opportunity for
 a hearing1 a knowing failure to meet a 
condition of subparagraph 7,c71 7,d71 or
 7,e7 or a knowing misrepresentation of 
material fact--  7i7 the ,secretary     
shall notify the ,attorney ,general of  
such finding and may1 in addition1      
impose such administrative remedies     
7including civil monetary penalties in  

an amount not to exceed #e1jjj per      
violation7 as the ,secretary determines 
to be appropriate2  7ii7 after the first
 offense1 the ,secretary shall not      
approve petitions filed with respect to 
that employer1 including parent1        
subsidiary1 and other affiliated        
entities1 under section #bjd or #bad7;c7
 during a period of at least #b years   
for aliens to be employed by the        
employer2 and  7iii7 after the second   
offense1 the ,secretary shall not       
approve any petitions filed with respect
 to that employer1 including parent1    
subsidiary1 and other affiliated        
entities1 under section #bjd or         
#bad7;c74  4  #g4 ,visas reserved for   
small and start-up employers ,section   
#bad7;g7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aahd7;g771 as amended by this ,act1 is 
further amended by adding at the end the
 following3  7#ab7 ,the numerical       
limitations of paragraph 7#a77;,a7 shall
 be allocated for a fiscal year so that 

#bj percent of the number of aliens who 
may receive visas or nonimmigrant status
 subject to such numerical limitations  
shall be reserved for employers with #ej
 or fewer full-time employees1 including
 parent1 subsidiary1 and other          
affiliated entities4 ,petitions filed   
under this subsection must include an   
attestation from the petitioning        
employer that the beneficiary will not  
be placed for more than #cj days at a   
third party worksite4 ,if the ,secretary
 determines1 after notice and           
opportunity for a hearing1 a            
misrepresentation of material fact in   
the attestation or action by the        
petitioning employer in contravention to
 this attestation1 paragraph 7#c77;,f7  
applies and the petitioning employer may
 be punished in the same manner as a    
violation punishable under such         
paragraph4 ,in a fiscal year1 any visa  
or nonimmigrant status reserved under   
this paragraph that is not used by the  
end of the third quarter of that fiscal 

year may be issued to an alien who is   
eligible for such visa or nonimmigrant  
status4 ,in the case of an alien        
receiving a visa or nonimmigrant status 
under this paragraph1 paragraph         
7#c77;,b7 does not apply1 unless for a  
fiscal year the number of petitions     
seeking visas or nonimmigrant status    
under this paragraph received during the
 first #aj business days that petitions 
may be filed exceeds #bj percent of all 
petitions subject to the numerical      
limitations of paragraph 7#a77;,a74  4  
#h4 ,removing visa hurdles for students 
7a7 ,dual intent ,section               
#aja7;a77#ae77;,f77i7 of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ae77;,f77i77 is    
amended by striking an alien having a   
residence in a foreign country which he 
has no intention of abandoning1 who is a
 bona fide student qualified to pursue a
 full course of study and who and       
inserting an alien who is a bona fide   
student qualified to pursue a full      

course of study1 who 7except for a      
student qualified to pursue a full      
course of study at an institution of    
higher education7 has a residence in a  
foreign country which the alien has no  
intention of abandoning1 and who4  7b7  
,students allowed ,to use employment for
 purposes of labor certification ,in    
making a certification under section    
#bab7;a77#e7 of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#aahb7;a77#e771 the ,secretary of ,labor
 shall consider any experience the alien
 beneficiary gained as a nonimmigrant   
described in section #aja7;a77#ae77;,f7 
as qualifying experience for purposes of
 meeting the actual minimum requirements
 for the job for which the certification
 is sought4  7c7 ,employment            
authorization2 extended validity of     
petition ,section #bjd of the           
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaed7 is amended in          
subsection 7j7-- 7#a7 in the heading for
 such subsection1 by striking applicants

 for and inserting applicants seeking2  
7#b7 by striking subsection 7a77#a77;,d7
 and inserting subsection 7a77#a77;,f72 
7#c7 by redesignating the text of such  
subsection as paragraph 7#a72 and  7#d7 
by adding at the end the following3     
7#b7 ,changes in employers2 eligibility 
for employment authorization  7,a7      
,petition to remain valid for change in 
jobs ,a petition under subsection       
7a77#a77;,f7 that has been approved for 
#ahj days or more shall remain valid    
with respect to a new job if the        
individual changes jobs or employers if 
the new job is in the same or a similar 
occupational classification as the job  
for which the petition was filed4  7,b7 
eligibility for employment authorization
 ,an individual who has a petition under
 subsection 7a77#a77;,f7 that has been  
approved for #ahj days or more shall be 
eligible to apply for travel            
authorization and employment            
authorization in the same or a similar  
occupational classification as the job  

for which the petition was filed until  
such time as the application under      
section #bde has been filed4  4  7d7    
,conforming amendments ,section #bad of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #aahd7 is amended-- 7#a7  
in subsection 7b71 by striking 7other   
than a nonimmigrant and inserting 7other
 than a nonimmigrant described in       
section #aja7;a77#ae77;,e77iii71 other  
than a nonimmigrant described in section
 #aja7;a77#ae77;,f7 if the alien is     
qualified to pursue a full course of    
study at an institution of higher       
education1 other than a nonimmigrant    
described in section                    
#aja7;a77#ae77;,h77i77b#a71 other than a
 nonimmigrant described in section      
#aja7;a77#ae77,o77i71 other than a      
nonimmigrant described in section       
#aja7;a77#ae77,p71 other than an alien  
admitted under subsection 7e7 of this   
section1 other than a nonimmigrant2 and 
7#b7 in subsection 7h7-- 7,a7 by        
inserting 7,e77iii71 7,f7 7if the alien 

is qualified to pursue a full course of 
study at an institution of higher       
education71 7,h77i77b#a71 before        
,h7i77b72  7,b7 by inserting after 7,l71
 the following 7,o77i71 7,p712 and  7,c7
 by inserting after or 7,v7 of section  
#aja7;a77#ae7 the following3 1 for      
purposes of admission under subsection  
7e7 of this section14  #i4 ,removing    
paperwork burdens ,section #bad7;c77#aj7
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #aahd7;c77#aj77 is   
amended by striking the period at the   
end and inserting 1 or where the        
nonimmigrant worker begins working at a 
place of employment where the petitioner
 has secured a valid1 certified ,labor  
,condition ,application for the new     
place of employment and where the terms 
and conditions of employment remain     
otherwise the same44  #aj4 ,removal of  
limitation on consideration of certain  
information received ,section           
#bab7n77#b77;,g7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        

#aahb7n77#b77;,g77 is amended by        
striking clause 7v71 and redesignating  
clauses 7vi7 through 7viii7 as clauses  
7v7 through 7vii71 respectively4