,in the ,senate of the ,united ,states1 
,december #b1 #bjbj4  ,amendment3  ,that
 the bill from the ,house of            
,representatives 7,h4,r4 #ajdd7 entitled
 ,an ,act to amend the ,immigration and 
,nationality ,act to eliminate the      
per-country numerical limitation for    
employment-based immigrants1 to increase
 the per-country numerical limitation   
for family-sponsored immigrants1 and for
 other purposes41 do pass with the      
following ,strike all after the enacting
 clause and insert the following3 #a4   
,short title ,this ,act may be cited as 
the ,fairness for ,high-,skilled        
,immigrants ,act of #bjbj4  #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 to read as    
follows3  7#b7 ,per country levels for  
family-sponsored immigrants ,subject to 
paragraphs 7#c7 and 7#d71 the total     
number of immigrant visas made available

 to natives of any single foreign state 
or dependent area under section #bjc7;a7
 in any fiscal year may not exceed #ae  
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 visas made available under such    
section in that fiscal year4  4  7b7    
,conforming amendments ,section #bjb of 
such ,act 7#h ,u4,s4,c4 #aaeb7 is       
amended-- 7#a7 in subsection 7a7-- 7,a7 
in paragraph 7#c71 by striking both     
subsections 7a7 and 7b7 of section #bjc 
and inserting section #bjc7;a72 and     
7,b7 by striking paragraph 7#e72 and    
7#b7 by amending subsection 7e7 to read 
as follows3  7e7 ,special rules for     
countries at ceiling ,if 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 immigrant   
visas shall be allotted to such natives 

under section #bjc7;a7 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 visas made available under each of  
paragraphs 7#a7 through 7#d7 of section 
#bjc7;a7 is equal to the ratio of the   
total visas made available under the    
respective paragraph to the total 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 7as defined in subsection     
7e772  7#b7 by striking subsection 7d72 
and  7#c7 by redesignating subsection   
7e7 as subsection 7d74  7d7 ,effective  
date ,the amendments made by this       
section shall take effect on the first  
day of the second fiscal year beginning 
after the date of enactment of this     
,act1 and shall apply to that fiscal    
year and each subsequent fiscal year4   

7e7 ,transition rules for               
employment-based immigrants  7#a7 ,in   
general ,subject to paragraphs 7#b7     
through 7#d71 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 ,during the first nine fiscal     
years after the effective date1 certain 
visas will be reserved within the       
immigrant visas made available under    
each of paragraphs 7#b7 and 7#c7 of     
section #bjc7;b7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;b774  7,b7 ,with regard to       
immigrant visas made available under    
paragraphs 7#b7 and 7#c7 of section     
#bjc7;b7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaec7;b77 for the first nine fiscal    
years after the effective date1 visas   
will be reserved for immigrants native  
to countries other than the two states  
with the largest aggregate number of    
natives who are beneficiaries of        

approved but backlogged petitions for   
immigrant status under section #bjc7;b7 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aaec7;b771 as       
follows3 7i7 ,for the first fiscal year 
after the effective date1 #cj percent of
 the immigrant visas made available     
under paragraphs 7#b7 and 7#c7 of       
section #bjc7;b7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      
aggregate numbers of natives waiting for
 immigrant status4  7ii7 ,for the second
 fiscal year after the effective date1  
#be percent of the immigrant visas made 
available under paragraphs 7#b7 and 7#c7
 of section #bjc7;b7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      

aggregate numbers of natives waiting for
 immigrant status4  7iii7 ,for the third
 fiscal year after the effective date1  
#bj percent of the immigrant visas made 
available under paragraphs 7#b7 and 7#c7
 of section #bjc7;b7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      
aggregate numbers of natives waiting for
 immigrant status4  7iv7 ,for the fourth
 fiscal year after the effective date1  
#ae percent of the immigrant visas made 
available under paragraphs 7#b7 and 7#c7
 of section #bjc7;b7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      
aggregate numbers of natives waiting for
 immigrant status4  7v7 ,for the fifth  
and sixth fiscal years after the        

effective date1 #aj percent of the      
immigrant visas made available under    
paragraphs 7#b7 and 7#c7 of section     
#bjc7;b7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      
aggregate numbers of natives waiting for
 immigrant status4  7vi7 ,for the       
seventh1 eighth1 and ninth fiscal years 
after the effective date1 #e percent of 
the immigrant visas made available under
 paragraphs 7#b7 and 7#c7 of section    
#bjc7;b7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaec7;b77 shall be allotted to         
immigrants who are natives of a foreign 
state or dependent area that is not one 
of the two states with the largest      
aggregate numbers of natives waiting for
 immigrant status4  7,c7 #e4ge percent  
of the immigrant visas made available   
under paragraphs 7#b7 and 7#c7 of       

section #bjc7;b7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;b77 shall be reserved annually   
for the first nine fiscal years after   
the effective date for immigrants who   
are native to countries other than the  
two states with the largest aggregate   
number of natives who are beneficiaries 
of approved but backlogged petitions for
 immigrant status under such section4   
,such visas will be made available by   
the following priority ordering3 7i7    
,derivative dependents described in     
section #bjc7;d7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;d77 who seek to join a principal 
beneficiary of a petition for an        
immigrant visa under paragraphs 7#b7 and
 7#c7 of section #bjc7;b7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaec7;b774  7ii7 ,immigrants 
who seek to enter the ,united ,states as
 new arrivals and who have not resided  
or worked in the ,united ,states at any 
point in the four-year period           

immediately preceding the filing of     
their petition for an immigrant visa    
under section #bjc7;b7 of the           
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaec7;b774  7iii7 ,other     
immigrants who meet the criteria of this
 subparagraph4  7,d7 ,the two states    
with the largest aggregate numbers of   
natives who are beneficiaries of        
approved petitions referred to in       
subparagraphs 7,b7 and 7,c7 are the two 
states with the largest aggregate number
 of approved cases awaiting visa number 
availability for immigrant visas under  
section #bjc7;b7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;b771 as identified by adding the 
numbers associated with aliens awaiting 
employment-based immigrant status in the
 most recent and available ,count ,of   
,approved ,employment-,based ,immigrant 
,petitions ,with ,priority ,dates ,on   
,or ,after the ,state ,department's     
,visa ,bulletin from the ,department of 
,homeland ,security and such numbers in 

the most recent ,annual ,report of      
,immigrant ,visa ,applicants in the     
,employment-,based ,preferences         
,registered at the ,national ,visa      
,center from the ,department of ,state  
7or successor publications74  7,e7      
,notwithstanding subparagraphs 7,a7     
through 7,d71 for each of the seven     
fiscal years after the effective date1  
not fewer than #d1djj of the immigrant  
visas made available under paragraph    
7#c7 of section #bjc7;b7 of the         
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaec7;b77 and not reserved by
 subparagraphs 7,b7 and 7,c7 shall be   
allotted to immigrants who are described
 in section #fef4e7;a7 of title #bj1    
,code of ,federal ,regulations 7or a    
successor regulation7 and are seeking   
admission to the ,united ,states to work
 in an occupation described in that     
section4  7,f7 ,family members described
 in section #bjc7;d7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aaec7;d77 who are accompanying or      

following to join a principal           
beneficiary seeking admission under     
subparagraph 7,e7 shall be entitled to  
an unreserved visa in the same status   
and in the same order of consideration  
as such principal beneficiary1 but shall
 not be counted against the #d1djj      
immigrant visas allotted under that     
subparagraph4  7#b7 ,per-country levels 
7,a7 ,reserved visas ,the number of     
visas reserved under each of clauses 7i7
 through 7iv7 of paragraph 7#a77;,b7 and
 each of clauses 7i7 through 7iii7 of   
paragraph 7#a77;,c7 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 ,not more than 
#he percent of the immigrant visas made 
available under each of paragraphs 7#b7 
and 7#c7 of section #bjc7;b7 of the     
,immigration and ,nationality ,act 7#h  

,u4,s4,c4 #aaec7;b77 and not reserved   
under paragraph 7#a71 for each of the   
first nine fiscal years after the       
effective date1 may be allotted to      
immigrants who are natives of any single
 foreign state4  7#c7 ,special rule to  
prevent unused visas ,if1 with respect  
to first nine fiscal years after the    
effective date1 the application of      
paragraphs 7#a7 and 7#b7 would prevent  
the total number of immigrant visas made
 available under paragraph 7#b7 or 7#c7 
of section #bjc7;b7 of the ,immigration 
and ,nationality ,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#b74  7#d7 ,rules  
for chargeability and dependents        
,section #bjb7;b7 of the ,immigration   
and ,nationality ,act 7#h ,u4,s4,c4     
#aaeb7;b77 shall apply in determining   
the foreign state to which an alien is  
chargeable1 and section #bjc7;d7 of the 
,immigration and ,nationality ,act 7#h  

,u4,s4,c4 #aaec7;d77 shall apply in     
allocating immigrant visas to           
dependents1 for purposes of this        
subsection4  7#e7 ,effective date       
defined ,in this subsection1 the term   
effective date means the first day of   
the second fiscal year beginning after  
the date of enactment of this ,act4  #c4
 ,posting available positions through   
the ,department of ,labor  7a7          
,department of ,labor website ,section  
#bab7n7 of the ,immigration and         
,nationality ,act 7#h ,u4,s4,c4         
#aahb7n77 is amended by adding at the   
end the following3  7#f7 ,for purposes  
of complying with paragraph 7#a77;,c7-- 
7,a7 ,not later than #ahj days after the
 date of the enactment of the ,fairness 
for ,high-,skilled ,immigrants ,act of  
#bjbj1 the ,secretary of ,labor shall   
establish a searchable internet website 
for posting positions in accordance with
 paragraph 7#a77;,c7 that is available  
to the public without charge1 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 #cj days4  7,b7 ,the ,secretary 
may work with private companies or      
nonprofit organizations to develop and  
operate the internet website described  
in subparagraph 7,a74  7,c7 ,the        
,secretary shall promulgate rules1 after
 notice and a period for comment1 to    
carry out this paragraph4  4  7b7       
,publication requirement ,the ,secretary
 of ,labor shall submit to ,congress1   
and publish in the ,federal ,register   
and in other appropriate media1 a notice
 of the date on which the internet      
website required under section          
#bab7n77#f7 of the ,immigration and     
,nationality ,act1 as established by    
subsection 7a71 will be operational4    
7c7 ,application ,the amendment made by 
subsection 7a7 shall apply to any       
application filed on or after the date  
that is #ij days after the date         
described in subsection 7b74  7d7       

,internet posting requirement ,section  
#bab7n77#a77;,c7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aahb7n77#a77;,c77 is amended-- 7#a7 by 
redesignating clause 7ii7 as subclause  
7,,ii72  7#b7 by striking 7i7 has       
provided and inserting the following3   
7ii7 7,i7 has provided  2 and  7#c7 by  
inserting before clause 7ii71 as        
redesignated by paragraph 7#b71 the     
following3  7i7 except in the case of an
 employer filing a petition on behalf of
 an ,h-#a;,b nonimmigrant who has       
already been counted against the        
numerical limitations and is not        
eligible for a full #f-year period1 as  
described in section #bad7;g77#g71 or on
 behalf of an ,h-#a;,b nonimmigrant     
authorized to accept employment under   
section #bad7n71 has posted on the      
internet website described in paragraph 
7#f71 for at least #cj calendar days1 a 
description of each position for which a
 nonimmigrant is sought1 that includes--
 7,i7 the occupational classification1  

and if different the employer's job     
title for the position1 in which the    
nonimmigrant7s7 will be employed2       
7,,ii7 the education1 training1 or      
experience qualifications for the       
position2  7,,iii7 the salary or wage   
range and employee benefits offered2    
7,,iv7 the location7s7 at which the     
nonimmigrant7s7 will be employed2 and   
7,v7 the process for applying for a     
position2 and  4  #d4 ,h-#a;,b employer 
petition requirements  7a7 ,wage        
determination information ,section      
#bab7n77#a77;,d7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aahb7n77#a77;,d77 is amended by        
inserting the prevailing wage           
determination methodology used under    
subparagraph 7,a77i77,,ii71 after shall 
contain4  7b7 ,new application          
requirements ,section #bab7n77#a7 of the
 ,immigration and ,nationality ,act 7#h 
,u4,s4,c4 #aahb7n77#a77 is amended by   
inserting after subparagraph 7,g77ii7   
the following3  7,h7 7i7 ,the employer1 

or a person or entity acting on the     
employer's behalf1 has not advertised   
any available position specified in the 
application in an advertisement that    
states or indicates that-- 7,i7 such    
position is only available to an        
individual who is or will be an ,h-#a;,b
 nonimmigrant2 or  7,,ii7 an individual 
who is or will be an ,h-#a;,b           
nonimmigrant shall receive priority or a
 preference in the hiring process for   
such position4  7ii7 ,the employer has  
not primarily recruited individuals who 
are or who will be ,h-#a;,b             
nonimmigrants to fill such position4    
7,i7 ,if the employer1 in a previous    
period specified by the ,secretary1     
employed one or more ,h-#a;,b           
nonimmigrants1 the employer shall submit
 to the ,secretary the ,internal        
,revenue ,service ,form ,w-#b ,wage and 
,tax ,statements filed by the employer  
with respect to the ,h-#a;,b            
nonimmigrants for such period4  4  7c7  
,additional requirement for new ,h-#a;,b

 petitions  7#a7 ,in general ,section   
#bab7n77#a7 of the ,immigration and     
,nationality ,act 7#h ,u4,s4,c4         
#aahb7n77#a771 as amended by subsection 
7b71 is further amended by inserting    
after subparagraph 7,i71 the following3 
7,j7 7i7 ,if the employer employs #ej or
 more employees in the ,united ,states1 
the sum of the number of such employees 
who are ,h-#a;,b nonimmigrants plus the 
number of such employees who are        
nonimmigrants described in section      
#aja7;a77#ae77,l7 does not exceed #ej   
percent of the total number of          
employees4  7ii7 ,any group treated as a
 single employer under subsection 7b71  
7c71 7m71 or 7o7 of section #dad of the 
,internal ,revenue ,code of #aihf shall 
be treated as a single employer for     
purposes of clause 7i74  4  7#b7 ,rule  
of ,construction ,nothing in            
subparagraph 7,j7 of section #bab7n77#a7
 of the ,immigration and ,nationality   
,act 7#h ,u4,s4,c4 #aahb7n77#a771 as    
added by paragraph 7#a71 may be         

construed to prohibit renewal           
applications or change of employer      
applications for ,h-#a;,b nonimmigrants 
employed by an employer on the date of  
enactment of this ,act4  7#c7 ,effective
 date ,the amendment made by this       
subsection shall take effect on the date
 that is #ahj days after the date of    
enactment of this ,act4  7d7 ,labor     
condition application fee ,section      
#bab7n7 of the ,immigration and         
,nationality ,act 7#h ,u4,s4,c4         
#aahb7n771 as amended by section #c7;a71
 is further amended by adding at the end
 the following3  7#g7 7,a7 ,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 costs4  7,b7 7i7 ,fees   
collected under this paragraph shall be 
deposited as offsetting receipts within 
the general fund of the ,treasury in a  
separate account1 which shall be known  

as the ,h-#a;,b ,administration1        
,oversight1 ,investigation1 and         
,enforcement ,account and shall remain  
available until expended4  7ii7 ,the    
,secretary of the ,treasury shall refund
 amounts in such account to the         
,secretary of ,labor for salaries and   
related expenses associated with the    
administration1 oversight1              
investigation1 and enforcement of the   
,h-#a;,b nonimmigrant visa program4  4  
7e7 ,elimination of ,b-#a in lieu of    
,h-#a ,section #bad7;g7 of the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahd7;g77 is amended by      
adding at the end the following3  7#ab7 
7,a7 ,unless otherwise authorized by    
law1 an alien normally classifiable     
under section #aja7;a77#ae77;,h77i7 who 
seeks admission to the ,united ,states  
to provide services in a specialty      
occupation described in paragraph 7#a7  
or 7#c7 of subsection 7i7 may not be    
issued a visa or admitted under section 
#aja7;a77#ae77;,b7 for such purpose4    

7,b7 ,nothing in this paragraph may be  
construed to authorize the admission of 
an alien under section                  
#aja7;a77#ae77;,b7 who is coming to the 
,united ,states for the purpose of      
performing skilled or unskilled labor if
 such admission is not otherwise        
authorized by law4  4  #e4              
,investigation and disposition of       
complaints against ,h-#a;,b employers   
7a7 ,investigation1 working conditions1 
and penalties ,section #bab7n77#b77;,c7 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aahb7n77#b77;,c77 is
 amended by striking clause 7iv7 and    
inserting the following3  7iv7 7,i7 ,an 
employer that has filed an application  
under this subsection violates this     
clause by taking1 failing to take1 or   
threatening to take or fail to take a   
personnel action1 or intimidating1      
threatening1 restraining1 coercing1     
blacklisting1 discharging1 or           
discriminating in any other manner      
against an employee because the         

employee-- 7aa7 disclosed information   
that the employee reasonably believes   
evidences a violation of this subsection
 or any rule or regulation pertaining to
 this subsection2 or  7bb7 cooperated or
 sought to cooperate with the           
requirements under this subsection or   
any rule or regulation pertaining to    
this subsection4  7,,ii7 ,an employer   
that violates this clause shall be      
liable to the employee harmed by such   
violation for lost wages and benefits4  
7,,iii7 ,in this clause1 the term       
employee includes-- 7aa7 a current      
employee2  7bb7 a former employee2 and  
7cc7 an applicant for employment4  4    
7b7 ,information sharing ,section       
#bab7n77#b77;,h7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aahb7n77#b77;,h77 is amended to read as
 follows3  7,h7 7i7 ,the ,director of   
,u4,s4 ,citizenship and ,immigration    
,services shall provide the ,secretary  
of ,labor with any information contained
 in the materials submitted by employers

 of ,h-#a;,b nonimmigrants as part of   
the petition adjudication process that  
indicates that the employer is not      
complying with visa program requirements
 for ,h-#a;,b nonimmigrants4  7ii7 ,the 
,secretary may initiate and conduct an  
investigation and hearing under this    
paragraph after receiving information of
 noncompliance under this subparagraph4 
4  #f4 ,labor condition applications    
7a7 ,application review requirements    
,section #bab7n77#a7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aahb7n77#a77 is amended1 in the        
undesignated matter following           
subparagraph 7,i71 as added by section  
#d7;b7-- 7#a7 in the fourth sentence1 by
 inserting 1 and through the internet   
website of the ,department of ,labor1   
without charge4 after ,washington1      
,d4,c42  7#b7 in the fifth sentence1 by 
striking only for completeness and      
inserting for completeness1 clear       
indicators of fraud or misrepresentation
 of material fact12  7#c7 in the sixth  

sentence1 by striking or obviously      
inaccurate and inserting 1 presents     
clear indicators of fraud or            
misrepresentation of material fact1 or  
is obviously inaccurate2 and  7#d7 by   
adding at the end the following3 ,if the
 ,secretary's review of an application  
identifies clear indicators of fraud or 
misrepresentation of material fact1 the 
,secretary may conduct an investigation 
and hearing in accordance with paragraph
 7#b744  7b7 ,ensuring prevailing wages 
are for area of employment and actual   
wages are for similarly employed        
,section #bab7n77#a77;,a7 of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7n77#a77;,a77 is         
amended-- 7#a7 in clause 7i71 in the    
undesignated matter following subclause 
7,,ii71 by striking and at the end2     
7#b7 in clause 7ii71 by striking the    
period at the end and inserting 1 and2  
and  7#c7 by adding at the end the      
following3  7iii7 will ensure that--    
7,i7 the actual wages or range          

identified in clause 7i7 relate solely  
to employees having substantially the   
same duties and responsibilities as the 
,h-#a;,b nonimmigrant in the            
geographical area of intended           
employment1 considering experience1     
qualifications1 education1 job          
responsibility and function1 specialized
 knowledge1 and other legitimate        
business factors1 except in a           
geographical area there are no such     
employees1 and  7,,ii7 the prevailing   
wages identified in clause 7ii7 reflect 
the best available information for the  
geographical area within normal         
commuting distance of the actual address
 of employment at which the ,h-#a;,b    
nonimmigrant is or will be employed4  4 
7c7 ,procedures for investigation and   
disposition ,section #bab7n77#b77;,a7 of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #aahb7n77#b77;,a77 is     
amended-- 7#a7 by striking 7#b77;,a7    
,subject and inserting 7#b77;,a77i7     
,subject2  7#b7 by striking the fourth  

sentence2 and  7#c7 by adding at the end
 the following3  7ii7 7,i7 ,upon receipt
 of a complaint under clause 7i71 the   
,secretary may initiate an investigation
 to determine whether such a failure or 
misrepresentation has occurred4  7,,ii7 
,the ,secretary may conduct-- 7aa7      
surveys of the degree to which employers
 comply with the requirements under this
 subsection2 and  7bb7 subject to       
subclause 7,,iv71 annual compliance     
audits of any employer that employs     
,h-#a;,b nonimmigrants during the       
applicable calendar year4  7,,iii7      
,subject to subclause 7,,iv71 the       
,secretary shall-- 7aa7 conduct annual  
compliance audits of each employer that 
employs more than #ajj full-time        
equivalent employees who are employed in
 the ,united ,states if more than #ae   
percent of such full-time employees are 
,h-#a;,b nonimmigrants2 and  7bb7 make  
available to the public an executive    
summary or report describing the general
 findings of the audits conducted under 

this subclause4  7,,iv7 ,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 7,c77ii71  
no further annual compliance audit shall
 be conducted with respect to such      
employer for a period of not less than  
#d years1 absent evidence of            
misrepresentation or fraud4  4  7d7     
,penalties for violations ,section      
#bab7n77#b77;,c7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aahb7n77#b77;,c77 is amended - 7#a7 in 
clause 7i7-- 7,a7 in the matter         
preceding subclause 7,i71 by striking a 
condition of paragraph 7#a77;,b71       
7#a77;,e71 or 7#a77;,f7 and inserting a 
condition of paragraph 7#a77;,b71       
7#a77;,e71 7#a77;,f71 7#a77;,h71 or     
#a7;,i72 and  7,b7 in subclause 7,i71 by
 striking #a1jjj and inserting #c1jjj2  
7#b7 in clause 7ii77,i71 by striking    
#e1jjj and inserting #ae1jjj2  7#c7 in  
clause 7iii77,i71 by striking #ce1jjj   

and inserting #ajj1jjj2 and  7#d7 in    
clause 7vi77,,iii71 by striking #a1jjj  
and inserting #c1jjj4  7e7 ,initiation  
of investigations ,section              
#bab7n77#b77;,g7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aahb7n77#b77;,g77 is amended-- 7#a7 in 
clause 7i71 by striking ,in the case of 
an investigation in the second sentence 
and all that follows through the period 
at the end of the clause2  7#b7 in      
clause 7ii71 in the first sentence1 by  
striking and whose identity and all that
 follows through failure or failures4   
and inserting the ,secretary of ,labor  
may conduct an investigation into the   
employer's compliance with the          
requirements under this subsection42    
7#c7 in clause 7iii71 by striking the   
second sentence2  7#d7 by striking      
clauses 7iv7 and 7v72  7#e7 by          
redesignating clauses 7vi71 7vii71 and  
7viii7 as clauses 7iv71 7v71 and 7vi71  
respectively2  7#f7 in clause 7iv71 as  
so redesignated-- 7,a7 by strikingclause

 7viii7 and inserting clause 7vi72 and  
7,b7 by striking meet a condition       
described in clause 7ii7 and inserting  
comply with the requirements under this 
subsection2  7#g7 by amending clause    
7v71 as so redesignated1 to read as     
follows3  7v7 7,i7 ,the ,secretary of   
,labor shall provide notice to an       
employer of the intent to conduct an    
investigation under clause 7i7 or 7ii74 
7,,ii7 ,the notice shall be provided in 
such a manner1 and shall contain        
sufficient detail1 to permit the        
employer to respond to the allegations  
before an investigation is commenced4   
7,,iii7 ,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           
subsection4  7,,iv7 ,a determination by 
the ,secretary under this clause shall  
not be subject to judicial review4  2   

7#h7 in clause 7vi71 as so redesignated1
 by striking ,an investigation in the   
first sentence and all that follows     
through the determination4 in the second
 sentence and inserting ,if the         
,secretary of ,labor1 after an          
investigation under clause 7i7 or 7ii71 
determines that a reasonable basis      
exists to make a finding that the       
employer has failed to comply with the  
requirements under this subsection1 the 
,secretary shall provide interested     
parties with notice of such             
determination and an opportunity for a  
hearing in accordance with section #eef 
of title #e1 ,united ,states ,code1 not 
later than #fj days after the date of   
such determination42 and  7#i7 by adding
 at the end the following3  7vii7 ,if   
the ,secretary of ,labor1 after a       
hearing1 finds that the employer has    
violated a requirement under this       
subsection1 the ,secretary may impose a 
penalty pursuant to subparagraph 7,c74  
4  #g4 ,adjustment of status for        

employment-based immigrants  7a7        
,adjustment of status for               
employment-based immigrants  7#a7 ,in   
general ,section #bde of such ,act 7#h  
,u4,s4,c4 #abee7 is amended by adding at
 the end the following3  7n7 ,adjustment
 of status for employment-based         
immigrants  7#a7 ,in general ,an alien  
who has status under section #bad1 other
 than an alien described in subsection  
7c7 7as remedied by subsection 7k71 as  
amended by the ,fairness for            
,high-,skilled ,immigrants ,act of      
#bjbj7 or subparagraph 7,b7 or 7,c7 of  
section #aja7;a77#ae71 and any eligible 
dependents of such alien1 who has filed 
a petition or on whose behalf a petition
 has been filed for immigrant status    
pursuant to subparagraph 7,e7 or 7,f7 of
 section #bjd7;a77#a71 may file an      
application with the ,secretary of      
,homeland ,security for adjustment of   
status if such petition was approved not
 less than two years before the date on 
which the application for adjustment of 

status is filed1 regardless of whether  
an immigrant visa is immediately        
available on that date4 ,for any        
dependent child who files an application
 under this subsection1 that individual 
may continue to qualify as a dependent  
child for purposes of the application   
regardless of the individual's age or   
whether the principal beneficiary is    
deceased at the time an immigrant visa  
becomes available4 ,except as otherwise 
provided in paragraphs 7#c71 7#d71 and  
7#e71 an alien who files an application 
under this subsection shall be eligible 
for work authorization and travel       
permission on the same terms as an alien
 who files an application under         
subsection 7a74  7#b7 ,availability ,an 
adjustment of status application filed  
pursuant to paragraph 7#a7 may not be   
approved until the date on which an     
immigrant visa becomes available4 ,an   
admissible alien who has properly filed 
such an application shall have the same 
status as an alien who files under      

subsection 7a74  7#c7 ,duties1 hours1   
and compensation ,the terms and         
conditions of a qualifying employment   
position offered to an alien who has    
filed a petition or on whose behalf a   
petition has been filed1 for immigrant  
status pursuant to subparagraph 7,e7 or 
7,f7 of section #bjd7;a77#a71 including 
duties1 hours1 and compensation1 during 
the period following the filing of an   
application for adjustment under        
paragraph 7#a7 and before a visa becomes
 immediately available1 must be         
commensurate with the terms and         
conditions applicable to the employer's 
similarly situated ,united ,states      
workers in the area of employment4 ,if  
the employer does not employ and has not
 recently employed more than two        
similarly situated ,u4,s4 workers in the
 area of employment1 the employer       
nevertheless remains obligated to attest
 that the terms and conditions of the   
alien's employment are commensurate with
 the terms and conditions of employment 

for other similarly situated ,united    
,states workers in the area of          
employment4 ,similarly situated ,united 
,states workers includes ,united ,states
 workers performing similar duties1     
subject to similar supervision1 and with
 similar educational backgrounds1       
industry expertise1 employment          
experience1 levels of responsibility1   
and skill sets as the alien in the same 
geographic area of employment as the    
alien4 ,the duties1 hours1 and          
compensation of such aliens are         
commensurate with those offered to      
,united ,states workers employed by the 
employer in the same area of employment 
when the employer can show that the     
duties1 hours1 and compensation are     
consistent with the range of such terms 
and conditions the employer has offered 
or would offer to similarly situated    
,united ,states employees4  7#d7        
,enforcement ,a principal applicant     
applying for adjustment pursuant to     
paragraph 7#a7 shall file a             

,confirmation of ,bona ,fide ,job ,offer
 or ,portability with any request for an
 employment authorization document4 ,any
 employment authorization document      
issued to such a principal applicant    
shall expire after three years1 and     
another ,confirmation of ,bona ,fide    
,offer or ,portability shall be filed   
with any request for a renewal of       
employment authorization4 ,no final     
decision on an application under        
paragraph 7#a7 may be issued without a  
filing of a ,confirmation of ,bona ,fide
 ,job ,offer or ,portability by the     
principal applicant received within #ab 
months of such decision4 ,a principal   
applicant shall provide sufficient      
information to verify compliance with   
paragraph 7#c71 and an indication that  
the filing is to ensure compliance for  
an adjustment applicant under this      
subsection1 when the applicant files a  
,confirmation4 ,a principal applicant   
shall also provide a signed letter from 
his or her 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 other      
similarly situated ,united ,states      
workers in the area of employment4 ,if a
 required ,confirmation is not timely   
received by ,united ,states ,citizenship
 and ,immigration ,services1 the        
underlying ,application to ,adjust      
,status filed under paragraph 7#a71     
including the applications for eligible 
dependents1 shall be denied4 ,in        
adjudicating the ,application to ,adjust
 ,status1 when an immigrant visa becomes
 available1 ,united ,states ,citizenship
 and ,immigration ,services shall       
request the filing of a ,confirmation of
 ,bona ,fide ,job ,offer or ,portability
 if a ,confirmation of ,bona ,fide ,job 
,offer or ,portability has not been     
filed within the previous #ab months and
 may consider the validity of any       
,confirmation filing that has not       
already been reviewed and found         

satisfactory4 ,if the most recent       
,confirmation filing or prior filings   
not previously found satisfactory do not
 warrant a finding of compliance with   
section #bjd7;j7 or paragraph 7#c71     
,united ,states ,citizenship and        
,immigration ,services shall issue a    
,notice of ,intent to ,deny the         
underlying ,application to ,adjust      
,status providing an opportunity for    
further evidence to be submitted on such
 deficiency after which any applicant   
that does not meet his or her burden of 
proof shall receive a denial of the     
underlying ,application to ,adjust      
,status and the applications of eligible
 dependents4  7#e7 ,limitation on work  
authorization ,an alien who was neither 
authorized to work nor eligible to      
request work authorization at the time  
an application was filed under paragraph
 7#a7 shall not be eligible to receive  
work authorization pursuant to paragraph
 7#a7 or section #bgd;a4#ab7;c77#i7 of  
title #h1 ,code of ,federal             

,regulations4  7#f7 ,confirmations of   
,bona ,fide ,job ,offer or ,portability 
,fee  7,a7 ,in general ,notwithstanding 
any other provision of law1 the         
,secretary of ,homeland ,security shall 
charge and collect a fee in the amount  
of #b1jjj for each ,confirmation of     
,bona ,fide ,job ,offer or ,portability 
filed under this subsection4  7,b7      
,deposits ,the fees collected under     
subparagraph 7,a7 shall be deposited and
 used as follows3 7i7 ,fifty percent of 
such fees shall be deposited into the   
,immigration ,examinations ,fee ,account
 established by section #bhf7m7 and     
available as provided in this           
subsection4  7ii7 ,fifty percent of such
 fees shall be deposited into the       
,treasury as miscellaneous receipts4  4 
7b7 ,conforming amendment ,section      
#bde7k7 of the ,immigration and         
,nationality ,act 7#h ,u4,s4,c4         
#abee7k77 is amended by adding or 7n7   
after pursuant to subsection 7a74  7c7  
,effective date  7#a7 ,this section and 

the amendments made by this section--   
7,a7 shall take effect one year after   
the date of enactment of this ,act2 and 
7,b7 except as provided in paragraph    
7#b71 shall cease to have effect as of  
the date that is nine years after that  
date of enactment4  7#b7 ,this section  
shall continue in effect with respect to
 any alien who has filed an application 
under this section any time prior to the
 date on which this section otherwise   
ceases to have effect4  #h4 ,limit on   
adjustment of status from ,h-#a;,b      
nonimmigrant or ,h-#d nonimmigrant to   
,,eb immigrant  7a7 ,in general ,section
 #bde of the ,immigration and           
,nationality ,act 7#h ,u4,s4,c4 #abce71 
as amended by section #g1 is further    
amended by adding at the end the        
following3  7o7 ,limit on adjustment of 
status from ,h-#a;,b nonimmigrant or    
,h-#d nonimmigrant to ,,eb immigrant    
7#a7 ,in general ,in applying this      
section to an alien who is 7or has been 
during the most recent #b-year period7 a

 nonimmigrant described in section      
#aja7;a77#ae77;,h77i77b71 or to the     
spouse or any minor children of such    
alien who is 7or has been during the    
most recent #b-year period7 an ,h-#d    
nonimmigrant-- 7,a7 the number of such  
aliens 7including the spouses and       
children of such aliens7 granted an     
adjustment of status to that of an      
immigrant described in section #bjc7;b7 
or otherwise issued an immigrant visa   
under this ,act in a fiscal year-- 7i7  
during the period beginning on the date 
of enactment of this subsection and     
ending on the date on which the ninth   
fiscal year after the effective date    
ends1 may not exceed #gj percent of the 
total number of employment-based        
immigrants admitted in such fiscal year2
 and  7ii7 after the date on which the  
ninth fiscal year after the effective   
date ends1 may not exceed #ej percent of
 the total number of employment-based   
immigrants admitted in such fiscal year2
 and  7,b7 the limitations set forth in 

subparagraph 7,a7 shall not apply to any
 such alien 7or the spouse or children  
of such alien7 if such alien-- 7i7 has  
graduated from medical school and will  
be performing services in the ,united   
,states as a member of the medical      
profession2 or  7ii7 has been granted a 
national interest waiver by ,u4,s4      
,citizenship and ,immigration ,services 
under section #bjc7;b77#b77;,b74  7#b7  
,effective date defined ,in this        
subsection1 the term effective date     
means the first day of the second fiscal
 year beginning after the date of       
enactment of this subsection4  4  7b7   
,unused employment-based immigrant visas
 ,any immigrant visas reserved under    
section #bjc7;b7 of the ,immigration and
 ,nationality ,act 7#h ,u4,s4,c4        
#aaec7;b77 for employment-based         
immigrants that are not needed for an   
employment-based immigrant may be issued
 to aliens described in subparagraph in 
section #aja7;a77#ae77;,h77i77b7 of the 
,immigration and ,nationality ,act 7#h  

,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774   
#i4 ,prohibition on admission or        
adjustment of status of aliens          
affiliated with the military forces of  
the ,people's ,republic of ,china or the
 ,chinese ,communist ,party ,the        
,secretary of ,homeland ,security shall 
not adjust status of any alien          
affiliated with the military forces of  
the ,people's ,republic of ,china or the
 ,chinese ,communist ,party1 as         
determined by the ,secretary of         
,homeland ,security1 in consultation    
with the ,secretary of ,state1 the      
,secretary of ,defense1 the ,attorney   
,general1 the ,secretary of the         
,treasury1 and the ,director of         
,national ,intelligence4  ,secretary