,i #aafth ,,congress #ast ,session ,h4 ,r4 #agdj ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjai,mr4 ,smucker 7for himself1 ,mr4 ,rooney of ,florida1 and ,mr4 ,steube7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,ways and ,means1 and ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for an ,h-#b;,c nonimmigrant classification1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,workforce for an ,expanding ,economy ,act4 #b4 ,nonimmigrant classification for ,h-#b;,c nonimmigrants ,section #aja7;a77#ae77;,h77ii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77 is amended by inserting 7c7 who is coming temporarily to the ,united ,states to perform services or labor for a registered non-agricultural employer in a registered position 7as those terms are defined in section #bai;,a7a77 in accordance with the requirements under section #bai;,a2 or before 7iii7 have a residence4 #c4 ,admission of ,h-#b;,c nonimmigrant workers 7a7 ,admission of ,h-#b;,c nonimmigrant workers 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bai;,a4 ,admission of ,h-#b;,c nonimmigrant workers 7a7 ,definitions ,in this section3 7#a7 ,department ,except as otherwise specifically provided1 the term ,department means the ,department of ,homeland ,security4 7#b7 ,eligible occupation ,the term eligible occupation means an eligible occupation described in subsection 7e77#c74 7#c7 ,employer 7,a7 ,in general ,the term employer means any person or operational unit of a for-profit or nonprofit entity that is operating independently in a county or metropolitan statistical area and who hires an individual for employment in the ,united ,states4 7,b7 ,treatment of single employer ,for purposes of determining the number of employees or ,united ,states workers employed by an employer1 a single entity shall be treated as #a employer4 7#d7 ,enduring job opening ,the term enduring job opening refers to a job opening that-- 7,a7 remains unfilled on the first day of the month for #c consecutive months2 or 7,b7 is unfilled for more than #fj days in a period of #ij consecutive days4 7#e7 ,full employment area ,the term full employment area refers to any county or metropolitan statistical area where the unemployment rate during the fiscal quarter during which an application is submitted by an employer is equal to or less than #d4i percent4 7#f7 ,h-#b;,c nonimmigrant ,the term ,h-#b;,c nonimmigrant means an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77ii77c74 7#g7 ,h-#b;,c nonimmigrant status ,the term ,h-#b;,c nonimmigrant status means status granted to an alien admitted as a nonimmigrant pursuant to section #aja7;a77#ae77;,h77ii77c74 7#h7 ,initial ,h-#b;,c nonimmigrant ,the term initial ,h-#b;,c nonimmigrant means an alien-- 7,a7 issued an ,h-#b;,c-nonimmigrant visa by the ,secretary of ,state authorizing the admission of that alien to the ,united ,states for the first time as an ,h-#b;,c nonimmigrant2 and 7,b7 does not include an alien on or after the date the alien commences employment in ,h-#b;,c nonimmigrant status with a registered employer in a registered position4 7#i7 ,lay off ,the term lay off-- 7,a7 means to cause a worker to lose employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract2 and 7,b7 does not include any situation in which the worker is offered and refused to accept1 as an alternative to such loss of employment1 a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged4 7#aj7 ,metropolitan statistical area ,the term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the ,director of the ,office of ,management and ,budget4 7#aa7 ,registered employer ,the term registered employer means an operational business unit of a nonagricultural employer that is operating independently in a full employment area and is designated by the ,secretary as a registered employer under subsection 7d74 7#ab7 ,registered position ,the term registered position means a position designated as a registered position under subsection 7e74 7#ac7 ,scarcity recruitment fee ,the term scarcity recruitment fee refers to a payment equal to #e percent of an ,h-#b;,c immigrant's estimated annual compensation that a registered employer remits to the ,secretary as part of the employer's application for a registered position in order to demonstrate said employer's inability to recruit a ,united ,states worker for the position4 7#ad7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#ae7 ,single entity ,the term single entity means any group treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf4 7#af7 ,small business ,the term small business means an employer that employs #ej or fewer full-time equivalent employees4 7#ag7 ,united states worker ,the term ,united ,states worker means an individual who is-- 7,a7 lawfully employed or seeking employment in the ,united ,states2 and 7,b7 7i7 a national of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 or 7iii7 any other alien authorized to work in the ,united ,states with no limitation as to the alien's employer4 7#ah7 ,zone #a occupation ,the term zone #a occupation means an occupation that requires little or no preparation and is classified as a zone #a occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this section2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this section4 7#ai7 ,zone #b occupation ,the term zone #b occupation means an occupation that requires some preparation and is classified as a zone #b occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this section2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this section4 7#bj7 ,zone #c occupation ,the term zone #c occupation means an occupation that requires medium preparation and is classified as a zone #c occupation on-- 7,a7 the ,occupational ,information ,network ,database 7,o99,,net7 on the date of the enactment of this section2 or 7,b7 such ,database or a similar successor database1 as designated by the ,secretary of ,labor1 after the date of the enactment of this section4 7b7 ,admission into the ,united ,states ,an alien is eligible to be admitted as an ,h-#b;,c nonimmigrant if the alien-- 7#a7 has received an offer of employment from a registered employer2 and 7#b7 otherwise meets the requirements of this section4 7c7 ,h-#b;,c nonimmigrants 7#a7 ,application ,an alien seeking to be an ,h-#b;,c nonimmigrant shall submit an application to the ,secretary4 7#b7 ,attestation ,each application submitted under paragraph 7#a7 for an alien shall include an attestation as follows3 7,a7 ,that the ,h-#b;,c nonimmigrant will report to such nonimmigrant's initial employment in a registered position not later than #ad days after such nonimmigrant is admitted4 7,b7 ,that the ,h-#b;,c nonimmigrant will accept only registered positions and abide by all terms and conditions of ,h-#b;,c nonimmigrant status4 7,c7 ,that the ,h-#b;,c nonimmigrant will not bring a family member to the ,united ,states in violation of any provision of this ,act4 7#c7 ,application review ,the ,secretary shall adjudicate an application submitted under paragraph 7#a7 not later than #de days after the receipt of such application4 7#d7 ,fees 7,a7 ,in general ,each application submitted under paragraph 7#a7 shall include a fee in the amount determined by the ,secretary adjudicating such application to be necessary to cover the cost of adjudicating the application within #de days4 7,b7 ,premium processing ,the ,secretary and the ,secretary of ,state shall create an expedited process to review an application submitted under paragraph 7#a7 for an additional fee1 in an amount determined by such ,secretaries4 7#e7 ,eligibility for ,h-#b;,c nonimmigrant status ,no alien may be admitted as an ,h-#b;,c nonimmigrant if the alien-- 7,a7 is inadmissible under this ,act2 7,b7 fails to pass a criminal background check or a national security background check2 7,c7 is from a country determined by the ,secretary of ,state to have repeatedly provided support for acts of international terrorism pursuant to-- 7i7 section #f7;j77#a77;,a7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdje7;j77#a77;,a77 7or successor statute72 7ii7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7iii7 section #fbj;,a7a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga7;a772 or 7,d7 has not received an offer of employment from a registered employer in a registered position4 7#f7 ,employment 7,a7 ,initial employment 7i7 ,reporting to employment ,an initial ,h-#b;,c nonimmigrant shall report to such nonimmigrant's initial employment in a registered position not later than #ad days after such nonimmigrant is admitted to the ,united ,states4 7ii7 ,reporting to the ,secretary ,an initial ,h-#b;,c nonimmigrant shall maintain contact with the ,secretary after such ,h-#b;,c nonimmigrant is admitted to the ,united ,states but before reporting to the initial employment at an interval that is determined by the ,secretary1 but not less than every #g days4 7,b7 ,periods of unemployment ,an ,h-#b;,c nonimmigrant-- 7i7 may be unemployed for a period of not more than #de consecutive days of presence in the ,united ,states2 and 7ii7 shall depart the ,united ,states if such ,h-#b;,c nonimmigrant is unable to obtain employment during such period4 7#g7 ,initial period of authorized presence ,an ,h-#b;,c nonimmigrant may be physically present in the ,united ,states for an initial period of not more than a total of #cf months4 7#h7 ,renewal ,an ,h-#b;,c nonimmigrant may renew his or her ,h-#b;,c nonimmigrant status for not more than #b additional consecutive periods of authorized presence4 7#i7 ,travel ,an ,h-#b;,c nonimmigrant may travel outside the ,united ,states and be readmitted to the ,united ,states4 7#aj7 ,penalties ,if an ,h-#b;,c nonimmigrant fails to comply with any other term or condition of ,h-#b;,c nonimmigrant status or remains in the ,united ,states for #aj days after the date of the expiration of his or her period of authorized presence without status under the immigration laws1 then the ,secretary shall mandatorily-- 7,a7 subject such nonimmigrant to the revocation of employment authorization2 and 7,b7 initiate and pursue removal under section #bcg7;a77#a77;,c77i74 7d7 ,registered employer 7#a7 ,application ,an employer seeking to be a registered employer may submit an application to the ,secretary4 ,each such application shall include the following3 7,a7 ,documentation to establish that the employer is a bona fide employer operating in a full employment area4 7,b7 ,evidence that the employer is current in payment of payroll taxes4 7,c7 ,the employer's ,federal tax identification number or employer identification number issued by the ,internal ,revenue ,service4 7,d7 ,the number of ,h-#b;,c nonimmigrants the employer estimates the employer will seek to employ annually4 7#b7 ,referral for fraud investigation ,the ,secretary may refer an application submitted under paragraph 7#a7 or subsection 7e77#a77;,a7 to the ,fraud ,detection and ,national ,security ,directorate of ,u4,s4 ,citizenship and ,immigration ,services for potential investigation if there is evidence of fraud particular to such application4 7#c7 ,ineligible employers 7,a7 ,in general ,notwithstanding any other applicable penalties under law1 the ,secretary shall deny an employer's application to be a registered employer if the ,secretary determines1 after notice and an opportunity for a hearing1 that the employer submitting such application-- 7i7 has1 in such application 7including any attestations required by law7-- 7,i7 knowingly misrepresented a material fact2 7,,ii7 knowingly made a fraudulent statement2 or 7,,iii7 knowingly failed to comply with the terms of such attestations2 7ii7 failed to cooperate in the process established pursuant to subsection 7m72 7iii7 has been convicted of an offense under chapter #gg of title #ah1 ,united ,states ,code1 any conspiracy to commit such an offense1 or any human trafficking offense under ,state or territorial law2 7iv7 has1 within #b years prior to the date of the application-- 7,i7 been finally adjudicated as having committed any hazardous occupation orders violation resulting in injury or death under the child labor provisions contained in section #ab of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bab7 or any pertinent regulation2 7,,ii7 received a final adjudication assessing a civil monetary penalty for a pattern and practice of willful violation of the minimum wage provisions of section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf72 or 7,,iii7 received a final adjudication assessing a civil monetary penalty for a pattern and practice of willful violation of the overtime provisions of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 or any regulations thereunder2 or 7v7 has1 within #b years prior to the date of application1 received a final adjudication for a willful violation involving injury or death-- 7,i7 of section #e of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed72 7,,ii7 of any standard1 rule1 or order promulgated pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee72 or 7,,iii7 of a plan approved under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg74 7,b7 ,length of ineligibility 7i7 ,temporary ineligibility ,an employer described in clause 7i7 or 7ii7 of subparagraph 7,a7 whose application is denied shall not be eligible to be a registered employer for a period that is not less than #a year or a time period determined by the ,secretary1 whichever is greater1 and not more than #b years4 7ii7 ,permanent ineligibility ,an employer described in clause 7iii71 7iv71 or 7v7 of subparagraph 7,a7 shall be permanently ineligible to be a registered employer4 7#d7 ,term of registration ,the ,secretary may approve an application only for a term1 beginning on the date of approval1 and ending on the later of-- 7,a7 the date that is #c years thereafter2 or 7,b7 the date that is #c months after the date on which the employer has no registered positions4 7#e7 ,renewal 7,a7 ,in general ,an employer may submit an application to renew the employer's status as a registered employer for additional periods under paragraph 7#d74 7,b7 ,attestation ,an application for renewal under subparagraph 7,a7 shall include an attestation described in paragraph 7#g77;,a74 7#f7 ,fee ,at the time an employer's application to be a registered employer is approved1 such employer shall pay a fee of #ejj1 and shall pay such fee every #c years thereafter while the employer remains a registered employer4 7#g7 ,continued eligibility 7,a7 ,attestation ,each registered employer shall attest to the ,secretary each year-- 7i7 that the registered employer has provided the wages and working conditions the registered employer agreed to provide to its ,h-#b;,c nonimmigrant employees under paragraph 7#e77;,b72 7ii7 that the registered employer remains a bona fide employer operating in a full employment area2 and 7iii7 to the number of ,h-#b;,c nonimmigrants the employer employed the prior year4 7,b7 ,no longer a full employment area ,an employer is ineligible to file an application for a new permit or to renew an existing permit if the unemployment rate in the county or metropolitan statistical area where the business said employer operates rises so that the area is no longer designated as a full employment area4 7#h7 ,notice of failure of ,h-#b;,c nonimmigrant to appear ,an employer shall inform the ,secretary if an ,h-#b;,c nonimmigrant does not appear for employment with the employer during the time period specified in subsection 7c77#f77;,a77i74 7e7 ,registered positions 7#a7 ,in general 7,a7 ,application ,each employer may submit with an application or renewal under subsection 7d7 for adjudication to the ,secretary an application to designate a registered position for which the employer is seeking to hire an ,h-#b;,c nonimmigrant at any time during the year without regard to the date the employer needs each position to be filled4 7,b7 ,attestation ,an application submitted under subparagraph 7,a7 shall include a general description of each such position and an attestation to each of the following3 7i7 ,the number of full-time equivalent employees of the employer4 7ii7 ,the occupational category1 as classified by ,bureau of ,labor ,statistics1 for which each registered position is sought4 7iii7 ,that the wages to be paid to ,h-#b;,c nonimmigrants employed by the employer in each registered position will be the greater of-- 7,i7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location2 or 7,,ii7 the prevailing wage level for the occupational classification of the position in the metropolitan statistical area of the employment1 based on the best information available as of the time of filing the application4 7iv7 ,that the employer has carried out the recruiting activities required by paragraph 7#b77;,b74 7v7 ,that1 subject to subparagraphs 7,b7 and 7,c7 of paragraph 7#b7-- 7,i7 there is no equally or better qualified ,united ,states worker who has applied for the position and who is ready1 willing1 and able to fill such position2 or 7,,ii7 such position qualifies as an enduring job opening4 7vi7 ,that there is not a strike1 lockout1 or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the ,h-#b;,c nonimmigrant will be employed4 ,if such strike1 lockout1 or work stoppage occurs following submission of the application1 the employer will provide notification in accordance with all applicable regulations4 7vii7 7,i7 ,the employer has not laid off and will not lay off a ,united ,states worker during the period beginning #de days prior to and ending #de days after the date the employer files an application for designation of a position for which the ,h-#b;,c nonimmigrant is sought or hires such ,h-#b;,c nonimmigrant1 unless the employer has made a reasonable effort to contact and offer such ,united ,states worker the position1 or documented the legitimate reasons that such ,united ,states worker is not qualified or available for the position4 7,,ii7 ,a ,united ,states worker is not laid off for purposes of this clause if-- 7aa7 at the time such worker's employment is terminated1 such worker is not employed in the same occupation and in the same metropolitan statistical area where the registered position is located4 ,a ,united ,states worker is not laid off for purposes of this clause if1 in the #de calendar days before the hiring of an ,h-#b;,c nonimmigrant1 the employer adds another ,united ,states worker so that the total number of ,united ,states workers employed by such employer in the same occupation as such ,h-#b;,c nonimmigrant and in the same metropolitan statistical area where the registered position is located has not decreased2 or 7bb7 in the #de calendar days after the hiring of an ,h-#b;,c nonimmigrant1 the employer adds another ,united ,states worker within #e business days after laying off a ,united ,states worker so that the total number of ,united ,states workers employed by such employer in the same occupation as such ,h-#b;,c nonimmigrant and in the same metropolitan statistical area where the registered position is located has not decreased4 7,c7 ,definitions 7i7 ,best information available ,in subparagraph 7,b77iii77,,ii71 the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7,i7 a controlling collective bargaining agreement1 to which the employer is a signatory and which sets wages for work performed by ,h-#b;,c nonimmigrants2 7,,ii7 if there is no controlling collective bargaining agreement as set forth in subclause 7,i71 the local1 ,state1 or ,federal prevailing wage laws or ordinances1 for any time period during which the ,h-#b;,c nonimmigrant performs work on a project for which payment of such wages is required by such laws or ordinances1 and the employer has signed a contract agreeing to pay such wages on that project2 or 7,,iii7 if there is no controlling collective bargaining agreement as set forth in subclause 7,i7 and the ,h-#b;,c nonimmigrant is not performing work on a project governed by a prevailing wage law or ordinance as set forth in subclause 7,,ii7-- 7aa7 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7bb7 a legitimate private wage survey of the wages paid for such positions in the metropolitan statistical area4 7ii7 ,legitimate private wage survey ,in this paragraph1 the term legitimate private wage survey means1 in the case of an application under subparagraph 7,a71 a survey of wages by an entity other than the ,federal ,government-- 7,i7 for which the data has been collected during the #b-year period immediately preceding the date of the application2 7,,ii7 that1 if a published survey1 has been published during the #b-year period immediately preceding the date of the application2 7,,iii7 that is of the industry or occupation of intended employment2 7,,iv7 in which the employer job description is similar to the survey job description2 7,v7 that is across industries that employ workers in the occupation2 7,,vi7 for which the wage determination is based on a weighted or straight average of the relevant wages1 or another valid measure of central tendency determined by the ,secretary of ,labor of relevant wage levels2 and 7,,vii7 that identifies a statistically valid methodology that was used to collect the data4 7,d7 ,permit ,the ,secretary shall provide each registered employer whose application submitted under subparagraph 7,a7 is approved with a permit that includes the number and description of such employer's approved registered positions at the time of such approval4 7,e7 ,registry of registered positions 7i7 ,maintenance of registry ,the ,secretary shall develop and maintain a registry of registered positions4 7ii7 ,availability on website ,such registry shall be accessible on a website maintained by the ,secretary4 7iii7 ,availability on ,state workforce agency websites ,each workforce agency of each ,state shall be linked to such registry4 7iv7 ,conditions of availability on website 7,i7 ,registered positions ,each registered position shall be included in the registry of registered positions maintained by the ,secretary and shall remain available for viewing on such registry throughout the period of approval under paragraph 7#e74 7,,ii7 ,availability and eligibility ,the ,secretary shall ensure that the registry indicates whether each registered position in the registry is filled or unfilled4 7#b7 ,requirements 7,a7 ,eligible occupation ,each registered position shall be for a position in an eligible occupation as described in paragraph 7#c74 7,b7 ,recruitment of united states workers 7i7 ,requirements ,a position may not be a registered position unless the registered employer-- 7,i7 advertises the position for a period of #cj days1 including the wage range1 location or locations1 and proposed start date-- 7aa7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7bb7 with the workforce agency of the ,state where the position will be located2 and 7,,ii7 except as provided for in subsection 7f77#d77;,a77ii71 carries out not less than #c of the recruiting activities described in subparagraph 7,c74 7ii7 ,duration of advertising ,the #cj-;day periods required by items 7aa7 and 7bb7 of clause 7i77,i7 may occur at the same time4 7,c7 ,recruiting activities ,recruiting activities described in this subparagraph shall take place no earlier than #fj days before an employer files an application for a permit to hire an ,h-#b;,c nonimmigrant and may be concurrent with the requirements of subsection 7e77#b77;,b74 ,a recruiting activity is any of the following3 7i7 ,advertising such position at a job fair4 7ii7 ,advertising such position on the employer's external website4 7iii7 ,advertising such position on a job search ,internet website4 7iv7 ,advertising such position using a presentation or posting at a vocational school1 career technical school1 community college1 high school1 or other educational or training site4 7v7 ,posting such position with a trade association4 7vi7 ,utilizing a search firm to seek applicants for such position4 7vii7 ,advertising such position through a recruitment program with a placement office at a vocational school1 career technical school1 community college1 high school1 or other educational or training site4 7viii7 ,advertising such position with a local library1 journal1 or newspaper4 7ix7 ,seeking a candidate for such position through an employee referral program with incentives4 7x7 ,advertising such position on radio or television4 7xi7 ,advertising such position through an advertising1 posting1 or presentation with a newspaper1 ,internet website1 job fair1 or community event targeted to constituencies designed to increase employee diversity4 7xii7 ,advertising such position through a career day presentation at a local high school or community organization4 7xiii7 ,providing in-house training for such position4 7xiv7 ,providing third-party training for such position4 7xv7 ,advertising such position through recruitment1 educational1 or other cooperative programs offered by the employer and a local economic development authority4 7xvi7 ,advertising such position twice in a ,sunday edition in a primary daily circulation newspaper4 7#c7 ,eligible occupation 7,a7 ,in general ,an occupation is an eligible occupation if the occupation-- 7i7 is a zone #a occupation1 a zone #b occupation1 or zone #c occupation2 and 7ii7 is not an excluded occupation under subparagraph 7,b74 7,b7 ,occupations requiring college degrees ,an occupation that is listed in the ,occupational ,outlook ,handbook published by the ,bureau of ,labor ,statistics 7or similar successor publication7 that is classified as requiring an individual with a bachelor's degree or higher level of education may not be an eligible occupation4 7,c7 ,publication ,the ,secretary of ,labor shall publicize the eligible occupations1 designated as zone #a occupations1 zone #b occupations1 or zone #c occupations1 on an ongoing basis on a publicly available ,internet website4 7#d7 ,filling of vacancies ,if an ,h-#b;,c nonimmigrant terminates employment in a registered position or is terminated from such employment by the registered employer1 such employer may fill that vacancy by hiring an ,h-#b;,c nonimmigrant other than an initial ,h-#b;,c nonimmigrant4 7#e7 ,period of approval 7,a7 ,in general ,except as provided in subparagraph 7,b71 a registered position shall be approved by the ,secretary for a period that begins on the date of such approval and ends on the earliest of-- 7i7 the date the employer's status as a registered employer is terminated2 7ii7 #c years after the date of such approval2 7iii7 #bdj days after the date of such approval if such position has not been filled by an ,h-#b;,c nonimmigrant at any point during such time2 or 7iv7 upon termination of the registered position by the employer4 7,b7 ,renewal ,an approval under subparagraph 7,a7 shall be renewed for not more than #b additional periods at the request of the registered employer as provided in this subparagraph if such registered employer fulfills the requirements of paragraphs 7#a77;,c7 and 7#b74 7,c7 ,renewing employer exemption ,renewals of registered positions by employers shall not be counted toward the limits established under paragraph 7#a77;,a7 or 7#b77;,d7 of subsection 7f7 or counted for the purposes of a numerical limitation under subparagraph 7,b7 or 7,c7 of subsection 7f77#b74 7,d7 ,secretary authority to terminate registered position ,the ,secretary shall terminate a registered position if the ,secretary determines-- 7i7 that an employer has purposefully allowed a registered position to be used for an alien to gain admission to the ,united ,states as an ,h-#b;,c nonimmigrant with no intention of such alien working for such registered employer2 or 7ii7 that there exists a pattern and practice of initial ,h-#b;,c nonimmigrants failing to report in accordance with the time period specified in subsection 7c77#f77;,a77i74 7#f7 ,fees 7,a7 ,registration fee 7i7 ,in general ,at the time an application to register a position is approved and after each renewal of such position1 each registered employer shall pay a fee in an amount determined by the ,secretary4 7ii7 ,use of fee ,except as otherwise provided in this section1 a fee collected under clause 7i7 shall be used to fund any action to carry out this section1 except for subsection 7q7 and subsection 7p77#b74 7,b7 ,prohibition on other fees ,a registered employer may not be required to pay an additional fee other than any fees specified in this ,act4 7#g7 ,initial review of applications 7,a7 ,in general ,for applications filed and considered under paragraph 7#a7-- 7i7 unless the ,secretary determines that the application is incomplete1 facially invalid1 or obviously inaccurate1 the ,secretary1 not later than #aj business days after the date on which such application was filed1 shall either approve or reject the application and provide the applicant with notice of such action by means ensuring same or next day delivery2 and 7ii7 if the ,secretary determines that the application is incomplete1 facially invalid1 or obviously inaccurate1 the ,secretary shall-- 7,i7 not later than #aj business days after the date on which such application was filed1 notify the applicant of the deficiencies to be corrected by means ensuring same or next day delivery2 and 7,,ii7 not later than #aj business days after receipt of the corrected application1 approve or deny the application and provide the applicant with notice of such action by means ensuring same or next day delivery4 7,b7 ,premium processing ,the ,secretary shall establish a process for expedited processing of applications under this section1 subject to the payment of an additional fee1 as determined by the ,secretary4 7,c7 ,fee reduction ,the ,secretary shall reduce the registration fee under paragraph 7#f7 by #e percent for each day the application is delayed beyond the required review periods under subparagraph 7,a74 7#h7 ,expedited review ,not later than #a year after the date of enactment of the ,workforce for an ,expanding ,economy ,act1 the ,secretary shall promulgate regulations to provide for an expedited procedure for the review of a denial of an application under this section by the ,secretary4 7f7 ,numerical limitation 7#a7 ,registered positions ,subject to paragraphs 7#c71 7#d71 and 7#e71 the maximum number of registered positions that may be approved by the ,secretary for a fiscal year is as follows3 7,a7 ,for the first full fiscal year after the effective date of the ,workforce for an ,expanding ,economy ,act that aliens are admitted as ,h-#b;,c nonimmigrants1 #fe1jjj4 7,b7 ,for each fiscal year after that first fiscal year1 the level calculated for that fiscal year under paragraph 7#b74 7#b7 ,subsequent fiscal years 7,a7 ,definition of current fiscal year and preceding fiscal year ,in this paragraph3 7i7 ,current fiscal year ,the term current fiscal year means the fiscal year for which the calculation of the numerical limits under this paragraph is being performed4 7ii7 ,preceding fiscal year ,the term preceding fiscal year means the fiscal year immediately preceding the current fiscal year4 7,b7 ,numerical limitation ,subject to subparagraph 7,d71 the maximum number of registered positions that may be approved by the ,secretary for a fiscal year after the first fiscal year referred to in paragraph 7#a77;,a7 shall be equal to-- 7i7 #fe1jjj for the first fiscal year in which the program is implemented2 and 7ii7 in any subsequent fiscal year-- 7,i7 if the total number of registered positions allocated for that fiscal year are allotted within the first quarter of that fiscal year1 then an additional #bj percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by #bj percent of the original allocated amount in the prior fiscal year2 7,,ii7 if the total number of registered positions allocated for that fiscal year are allotted within the second quarter of that fiscal year1 then an additional #ae percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by #ae percent of the original allocated amount in the prior fiscal year2 7,,iii7 if the total number of registered positions allocated for that fiscal year are allotted within the third quarter of that fiscal year1 then an additional #aj percent of the allocated number shall be made available immediately and the allocated amount for the following fiscal year shall increase by #aj percent of the original allocated amount in the prior fiscal year2 7,,iv7 if the total number of registered positions allocated for that fiscal year are allotted within the last quarter of that fiscal year1 then the allocated amount for the following fiscal year shall increase by #aj percent of the original allocated amount in the prior fiscal year2 and 7,v7 with the exception of the first subsequent fiscal year to the fiscal year in which the program is implemented1 if fewer registered positions were allotted the previous fiscal year than the number of registered positions allocated for that year and the reason was not due to processing delays or delays in promulgating regulations1 then the allocated amount for the following fiscal year shall decrease by #aj percent of the allocated amount in the prior fiscal year4 7,c7 ,minimum and maximum levels ,notwithstanding the number of registered positions calculated under subparagraph 7,b71 the number of registered positions made available for a fiscal year under this paragraph may not be less than #de1jjj or more than #he1jjj4 7,d7 ,subsequent allocations 7i7 ,in general ,subject to the limitations under subparagraph 7,c7-- 7,i7 the maximum number of registered positions available for the current fiscal year calculated under subparagraph 7,b7 may be increased for the #f-month period beginning on the first day of the current fiscal year by #e percent of the maximum number of registered positions allocated for that #f-month period under subsection 7h77#a71 if all such allocated registered positions have been approved prior to the #fth month of that #f-month period2 and 7,,ii7 the maximum number of registered positions available for the current fiscal year calculated under subparagraph 7,b7 may be increased for the #f-month period ending on the last day of the current fiscal year by #e percent of the maximum number of registered positions allocated for that #f-month period under subsection 7h77#b71 if all such allocated registered positions have been approved prior to the #fth month of that #f-month period4 7ii7 ,lottery allocation ,additional registered positions made available under clause 7i7 during a #f-month period shall be allocated #c weeks prior to the last day of that #f-month period by lottery among registered employers that submit applications in accordance with this section for such positions4 7#c7 ,special allocations of registered positions 7,a7 ,authority to make available ,in addition to the number of registered positions made available for a fiscal year under paragraphs 7#a7 and 7#c71 the ,secretary shall make additional registered positions available1 up to the maximum number of registered positions specified in paragraph 7#c77;,c71 for the fiscal year for a specific registered employer as described in this paragraph1 if-- 7i7 7,i7 the maximum number of registered positions available under paragraph 7#b77;,b7 have been approved for the fiscal year and none remain available for allocation2 or 7,,ii7 such registered employer is located in a full employment area2 7ii7 such registered employer has paid a scarcity recruitment fee2 or 7iii7 in the case of registered employers with #ej or fewer employees1 such registered employer has carried out not less than #g of the recruiting activities described in subsection 7e77#b77;,c7 and posts the position1 including the wage range1 location1 and initial date of employment1 for not less than #cj days-- 7,i7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7,,ii7 with the workforce agency of the ,state where the position will be located4 7,b7 ,recruitment 7i7 ,limitation for initial ,h-#b;,c nonimmigrants ,except as provided in clause 7ii71 an initial ,h-#b;,c nonimmigrant may only enter the ,united ,states for initial employment pursuant to a special allocation under this paragraph if the registered employer has carried out at least #g of the recruiting activities described in subsection 7e77#b77;,c7 or has paid a scarcity recruitment fee4 7ii7 ,exception ,a registered employer may register a position pursuant to a special allocation under this paragraph by conducting at least #c of the recruiting activities described in subsection 7e77#b77;,c71 however a position registered pursuant to this clause may not be filled by an initial ,h-#b;,c nonimmigrant4 7iii7 ,advertising the position 7,i7 ,requirement ,any registered employer registering any position under the special allocation authority shall post the position1 including the wage range1 location or locations1 and initial date of employment1 for not less than #cj days-- 7aa7 on the ,internet website maintained by the ,secretary of ,labor for the purpose of such advertising2 and 7bb7 with the workforce agency of the ,state where the position will be located4 7,,ii7 ,timing ,the #cj-;day periods required by items 7aa7 and 7bb7 of subclause 7,i7 may occur at the same time4 7#d7 ,unfilled positions ,if an ,h-#b;,c nonimmigrant has not been employed in registered position during any portion of the #bdj-;day period after the date of the approval of the position1 the registered position shall be terminated and added to the number of positions made available for the next #f-month allocation period under paragraph 7#a7 or 7#b7 of subsection 7i74 7g7 ,federal public benefits 7#a7 ,in general ,h-#b;,c nonimmigrants-- 7,a7 are not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf2 7,b7 shall be subject to the rules applicable to individuals who are not lawfully present as set forth in subsection 7e7 of such section2 and 7,c7 shall not be allowed any credit under section #bd or #cb of the ,internal ,revenue ,code of #aihf1 and1 in the case of a joint return1 no credit shall be allowed under either such section if both spouses are ,h-#b;,c nonimmigrants4 7#b7 ,employer fee ,for purposes of subsections 7a77#b71 7b77#a77;,b71 and 7c77#b77;,a7 of section #dihj;,h of the ,internal ,revenue ,code of #aihf1 the ,h-#b;,c nonimmigrant shall be treated as a full-time employee certified as having enrolled in a qualified health plan with respect to which an applicable premium tax credit or cost-sharing reduction is allowed or paid with respect to the employee4 7h7 ,allocation of registered positions 7#a7 ,in general 7,a7 ,first #f-month period ,the number of registered positions available under paragraph 7#b7 of subsection 7f7 7except those made available under subparagraph 7,e7 of such paragraph7 for the #f-month period beginning on the first day of a year is #ej percent of the maximum number of registered positions available for such year under paragraph 7#a77;,a77i7 or 7#b77;,b7 of subsection 7f74 ,such registered positions shall be allocated as described in this subsection4 7,b7 ,second #f-month period ,the number of registered positions available under paragraph 7#b7 of subsection 7f7 7except those made available under subparagraph 7,e7 of such paragraph7 for the #f-month period ending on the last day of a year is the maximum number of registered positions available for such year under paragraph 7#a77;,a77i7 or 7#b77;,b7 of subsection 7f7 minus the number of registered positions approved during the #f-month period referred to in subparagraph 7,a74 ,such registered positions shall be allocated as described in this subsection4 7#b7 ,small businesses 7,a7 ,in general ,the ,secretary shall reserve not less than one quarter of the number of registered positions initially allocated for each #f-month period under subsection 7f77#b77;,b7 only for a registered employer that is a small business unless-- 7i7 any such registered positions are not approved in the first #d months of each #f-month period2 or 7ii7 less than one quarter of the registered positions initially allocated for the #f-month period remain available after the first month4 7,b7 ,condition met ,if a condition referred to in clause 7i7 or 7ii7 of subparagraph 7,a7 is met1 any remaining registered positions shall be available for any registered employer4 7i7 ,portability 7#a7 ,nonimmigrant portability ,an ,h-#b;,c nonimmigrant who is employed in a registered position may-- 7,a7 be employed at any worksite if the registered employer advertised such location under subsection 7e77#b77;,b77i77,i7 or 7f77#c77;,b77iii72 7,b7 terminate such employment at any time1 for any reason2 and 7,c7 seek and accept employment with another registered employer in any other registered position within the terms and conditions of the ,h-#b;,c nonimmigrant visa4 7#b7 ,employer portability ,a registered employer who employs an ,h-#b;,c nonimmigrant may-- 7,a7 employ such nonimmigrant at any worksite if the registered employer advertised such location under subsection 7e77#b77;,b77i77,i7 or 7f77#c77;,b77iii72 7,b7 terminate such employment at any time for any reason if such reason is lawful for ,united ,states workers2 and 7,c7 seek and hire another ,h-#b;,c nonimmigrant in accordance with subsection 7e77#d74 7#c7 ,at-will employment ,notwithstanding any other provision of law1 employment pursuant to this section shall be considered at-will unless specified by a contract agreed to by the ,h-#b;,c nonimmigrant and the registered employer4 7j7 ,promotion ,a registered employer may promote an ,h-#b;,c nonimmigrant if the ,h-#b;,c nonimmigrant has been employed with that employer for a period of not less than #ab months4 ,such a promotion shall not increase the total number of registered positions available to that employer4 7k7 ,assessing the ,impact of the ,h-#b;,c ,program 7#a7 ,study ,the ,director of the ,bureau of the ,census1 jointly with the ,secretary1 the ,secretary of ,energy1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of the ,interior1 the ,secretary of ,labor1 the ,secretary of ,transportation1 the ,secretary of the ,treasury1 and the ,attorney ,general1 shall undertake a study examining the impacts of this section as well as a possible future permanent ,h-#b;,c program on the infrastructure of1 and quality of life in1 the participating metropolitan statistical areas and counties4 7#b7 ,report ,not later than #c years after the date of the enactment of the ,workforce for an ,expanding ,economy ,act1 the ,director of the ,bureau of the ,census shall submit to ,congress a report on the findings of the study required by paragraph 7#a71 including the following information3 7,a7 ,an estimate of legal and illegal immigrants in participating counties and metropolitan statistical areas1 the estimated change in those populations since commencement of the program1 and the estimated change to the number of ,united ,states workers in such counties and metropolitan statistical areas4 7,b7 ,the impact of ,h-#b;,c nonimmigrants on employment and wage rates for ,united ,states workers in ,state labor markets affected by worker inflows into the full employment areas where the program operates4 ,the study should pay particular attention to the industries and services in which ,h-#b;,c nonimmigrants are concentrated4 ,it should take into consideration equilibrating labor flows in and out of said full employment areas1 and it should consider associated costs and benefits1 including those related to public services1 infrastructure maintenance1 business startups1 investment1 and overall economic activity4 7,c7 ,the impact of ,h-#b;,c nonimmigrants on home ownership rates1 housing prices1 and the demand for low-income and subsidized housing in participating counties and metropolitan statistical areas and the public expenditures required to maintain current median standards in these areas and the degree to which those standards will deteriorate if such expenditures are not forthcoming4 7,d7 ,the impact of ,h-#b;,c nonimmigrants on access to quality health care in participating counties and metropolitan statistical areas1 on the cost of health care and health insurance1 and an estimate of the public expenditures required to maintain current median standards and the degree to which those standards will deteriorate if such expenditures are not forthcoming4 7,e7 ,the impact of ,h-#b;,c nonimmigrants on the criminal justice system in participating counties and metropolitan statistical areas1 and an estimate of associated public costs4 7,f7 ,the impact of permitting non-seasonal low skilled workers that currently do not qualify for ,h-#b;,c nonimmigrant status to qualify for ,h-#b;,c nonimmigrant status or of creating a new program to provide nonimmigrant status for such non-seasonal low skilled workers1 including-- 7i7 any impact on ,united ,states workers2 7ii7 any impact on employers that are utilizing ,h-#b;,c nonimmigrants2 7iii7 any impact on employers that do not qualify to employ ,h-#b;,c nonimmigrants2 and 7iv7 any impact on ,h-#b;,c nonimmigrants4 7l7 ,h-#b;,c nonimmigrant protections 7#a7 ,waiver of rights prohibited 7,a7 ,in general ,an ,h-#b;,c nonimmigrant may not be required to waive any substantive rights or protections under this ,act4 7,b7 ,construction ,nothing in this paragraph may be construed to affect the interpretation of any other law4 7#b7 ,prohibition on treatment as independent contractors 7,a7 ,in general ,notwithstanding any other provision of law-- 7i7 an ,h-#b;,c nonimmigrant is prohibited from being treated as an independent contractor under any ,federal or ,state law2 and 7ii7 no person1 including any employer1 labor contractor1 or any person who is affiliated with or contracts with an employer or labor contractor1 may treat an ,h-#b;,c nonimmigrant as an independent contractor4 7,b7 ,construction ,subparagraph 7,a7 may not be construed to prevent registered employers who operate as independent contractors from employing ,h-#b;,c nonimmigrants4 7#c7 ,payment of fees ,a fee related to the hiring of an ,h-#b;,c nonimmigrant required to be paid by an employer under this ,act shall be paid by the employer and may not be deducted from the wages or other compensation paid to an ,h-#b;,c nonimmigrant4 7#d7 ,tax responsibilities ,an employer shall comply with all applicable ,federal1 ,state1 and local tax laws with respect to each ,h-#b;,c nonimmigrant employed by the employer4 7#e7 ,whistleblower protection ,it shall be unlawful for an employer of an ,h-#b;,c nonimmigrant to intimidate1 threaten1 restrain1 coerce1 retaliate1 discharge1 or in any other manner discriminate against an employee or former employee because the employee or former employee-- 7,a7 discloses information to the employer or any other person that the employee or former employee reasonably believes that the employer or other person has committed a violation of this section2 or 7,b7 cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this section4 7m7 ,enforcement 7#a7 ,complaint process ,the ,secretary shall1 by rule1 establish a process for the receipt1 investigation1 and disposition of complaints by an aggrieved employee1 applicant1 or ,h-#b;,c nonimmigrant respecting a violation of this section4 7#b7 ,filing deadline ,no investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed not later than #c months after the date of such violation4 7#c7 ,reasonable basis ,the ,secretary shall conduct an investigation under this subsection if there is reasonable basis to believe that a violation of this section has occurred4 ,the process established under this subsection shall provide that1 not later than #cj days after a complaint is filed1 the ,secretary shall determine if there is reasonable cause to find such a violation4 7#d7 ,notice and hearing 7,a7 ,in general ,not later than #cj days after the ,secretary finds a reasonable basis under paragraph 7#c71 the ,secretary shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint1 in accordance with section #eef of title #e1 ,united ,states ,code4 7,b7 ,hearing deadline ,not later than #fj days after the date of a hearing under this paragraph1 the ,secretary shall make a finding on the matter4 7#e7 ,attorney's fees 7,a7 ,award ,a complainant who prevails in an action under this subsection with respect to a claim related to wages or compensation for employment shall be entitled to an award of reasonable attorney's fees and costs4 7,b7 ,frivolous complaints ,a complainant who files a frivolous complaint under this subsection shall be liable for the reasonable attorney's fees and costs of the person named in the complaint4 7#f7 ,power of the ,secretary ,the ,secretary may bring an action in any court of competent jurisdiction-- 7,a7 to seek remedial action1 including injunctive relief2 7,b7 to recover the damages described in subsection 7n77#b72 or 7,c7 to ensure compliance with terms and conditions described in subsection 7l77#e74 7#g7 ,other rights of employees ,the rights and remedies provided to ,h-#b;,c nonimmigrants under this section are in addition to any other contractual or statutory rights and remedies of the workers1 and are not intended to alter or affect such rights and remedies4 7#h7 ,compliance ,de minimis variations from the registered position's duties described in the application and related materials or from the position's general description provided in the attestation or the advertising requirements pursuant to subsection 7e71 including de minimis work or work incidental to the job1 shall be permitted and not be cause for complaint1 referral1 investigation1 audit1 or penalties4 7n7 ,penalties 7#a7 ,in general ,if1 after notice and an opportunity for a hearing1 the ,secretary finds a violation of this section1 the ,secretary may impose administrative remedies and penalties1 including requiring the payment of-- 7,a7 back wages2 and 7,b7 benefits4 7#b7 ,civil penalties ,the ,secretary may bring an action for a civil monetary penalty-- 7,a7 for a violation of this section-- 7i7 in an amount not more than #c1jjj for the first violation and #d1jjj per violation for each subsequent violation2 or 7ii7 if the violation was committed knowingly1 a fine in an amount not more than #e1jjj per violation2 7,b7 for intentionally failing to comply with the protections of ,united ,states workers required under this section or with the protection of whistleblowers under subsection 7l77#e71 a fine in an amount not more than #be1jjj per violation2 or 7,c7 for knowingly failing to materially comply with the terms of other representations made in petitions1 applications1 certifications1 or attestations under this section-- 7i7 a fine in an amount not more than #d1jjj per violation2 and 7ii7 upon the occasion of a third offense of failure to comply with representations1 a fine in an amount not to exceed #e1jjj per violation and designation as an ineligible employer1 pursuant to subsection 7d77#c77;,b77i74 7#c7 ,criminal penalty ,any ,h-#b;,c nonimmigrant who intentionally fails to report to a registered position in the time period specified in subsection 7c77#f77;,a77i7 or a registered employer who knowingly facilitates an ,h-#b;,c nonimmigrant to intentionally fail to report in the time period specified above shall-- 7,a7 for a first offense1 be fined in accordance with title #ah1 ,united ,states ,code1 in an amount up to #e1jjj1 or imprisoned for not more than #ij days2 and 7,b7 for each subsequent offense1 be fined in accordance with title #ah1 ,united ,states ,code1 in an amount up to #aj1jjj1 or imprisoned for not more than #a year1 or both4 7o7 ,monitoring 7#a7 ,electronic monitoring system 7,a7 ,requirement for system ,the ,secretary1 through ,u4,s4 ,citizenship and ,immigration ,services1 shall implement an electronic monitoring system to monitor the presence and employment of ,h-#b;,c nonimmigrants1 including a requirement that registered employers update the system when ,h-#b;,c nonimmigrants start and end employment in registered positions4 ,the system shall be operational not later than #f months following the date of the publication of the final regulations to carry out this section4 7,b7 ,relationship to ,,sevis ,such system shall be modeled on the ,student and ,exchange ,visitor ,information ,system 7,,sevis7 and ,,sevis ,,ii tracking system of ,u4,s4 ,immigration and ,customs ,enforcement4 7,c7 ,interaction with registry ,such system shall interact with the registry referred to in subsection 7e77#a77;,e7 to ensure that the ,secretary designates and updates approved registered positions as being filled or unfilled4 7,d7 ,employer ,the employer shall notify such system after offering employment to an ,h-#b;,c nonimmigrant4 7,e7 ,access for ,secretary of ,state ,the ,secretary of ,state shall have access to such system to verify an alien's offer of employment with a registered employer prior to admission as an ,h-#b;,c nonimmigrant4 7#b7 ,mandatory ,e-,verify use ,no registered employer may employ an ,h-#b;,c nonimmigrant without participating in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 or an employment eligibility verification system patterned on such ,program's verification system4 ,any such system-- 7,a7 shall respond to inquiries made by registered employers by providing an employee's employment eligibility2 and 7,b7 shall not be used1 subject to a civil monetary penalty determined by the ,secretary by rule-- 7i7 by any department1 bureau1 or other agency of the ,united ,states ,government1 any other public or private entity1 or any individual to monitor the movement of ,united ,states workers2 or 7ii7 for inquiries related to a ,united ,states worker other than-- 7,i7 to provide such worker's eligibility for employment in the ,united ,states2 or 7,,ii7 to ensure secure1 appropriate1 and nondiscriminatory use of such system1 notwithstanding any other provision of law4 7p7 ,requirement ,to comply with biometric entry and exit system ,any alien entering the ,united ,states or present in the ,united ,states on a visa issued under section #aja7;a77#ae77;,h77ii77c7 shall comply with the requirements of the entry and exit data system required by section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b71 including the biometric identification requirements1 after such requirements are implemented4 7q7 ,rulemaking ,not later than #a year after the date of the enactment of the ,workforce for an ,expanding ,economy ,act1 the ,secretary shall1 by rule1 provide for a means by which any renewal1 attestation1 or application filed pursuant to this section may be made electronically4 4 7#b7 ,table of contents amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by adding after the item relating to section #bai the following3 ,sec4 #bai;,a4 ,admission of ,h-#b;,c nonimmigrant workers4 4 7b7 ,intention ,to abandon foreign residence ,section #bad7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;h77 is amended by inserting 7,h77ii77d71 after 7,h77i77b7 or 7c71 4 7c7 ,prohibition on family members ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77 is amended by striking him2 at the end and inserting him1 except that the ,secretary of ,state shall not issue a visa under clause 7ii77d7 to a spouse or child seeking to enter into the ,united ,states under such clause unless such spouse has received an offer of employment by a registered employer as defined in section #bai;,a24