,,ii #aagth ,,congress #b;d ,session ,s4 #defg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbb,mr4 ,cramer 7for himself and ,mr4 ,hickenlooper7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to eliminate the per-country numerical limitation for employment-based immigrants1 to increase the per-country numerical limitation for family-sponsored immigrants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,equal ,access to ,green cards for ,legal ,employment ,act of #bjbb or the ,,eagle ,act of #bjbb4 #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,public ,law #ajb-djd2 #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 ,application ,the amendments made by this section shall apply beginning on the date that is the first day of the second fiscal year beginning after the date of the enactment of this ,act4 7e7 ,transition rules for employment-,based immigrants ,notwithstanding title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq471 the following transition rules shall apply to employment-based immigrants1 beginning on the date referred to in subsection 7d73 7#a7 ,reserved visas for lower admission states 7,a7 ,in general ,for the first nine fiscal years after the date referred to in subsection 7d71 immigrant visas 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 shall be reserved and allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas as follows3 7i7 ,for the first fiscal year after such date1 #cj percent of such visas4 7ii7 ,for the second fiscal year after such date1 #be percent of such visas4 7iii7 ,for the third fiscal year after such date1 #bj percent of such visas4 7iv7 ,for the fourth fiscal year after such date1 #ae percent of such visas4 7v7 ,for the fifth and sixth fiscal years after such date1 #aj percent of such visas4 7vi7 ,for the seventh1 eighth1 and ninth fiscal years after such date1 #e percent of such visas4 7,b7 ,additional reserved visas for new arrivals ,for each of the first nine fiscal years after the date referred to in subsection 7d71 an additional #e4ge 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 shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas4 ,such additional visas shall be allocated in the following order of priority3 7i7 ,family members accompanying or following to join ,visas reserved under this subparagraph shall be allocated to 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 who is in the ,united ,states and has been granted an immigrant visa or adjustment of status to lawful permanent residence under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b774 7ii7 ,new principal arrivals ,if at the end of the second quarter of any fiscal year1 the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clause 7i71 such visas may also be allocated1 for the remainder of the fiscal year1 to individuals 7and their family members described in section #bjc7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;d777 who are seeking an immigrant visa under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 to enter the ,united ,states as new immigrants1 and who have not resided or worked in the ,united ,states at any point in the four-year period immediately preceding the filing of the immigrant visa petition4 7iii7 ,other new arrivals ,if at the end of the third quarter of any fiscal year1 the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clauses 7i7 and 7ii71 such visas may be also be allocated1 for the remainder of the fiscal year1 to other individuals 7and their family members described in section #bjc7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;d777 who are seeking an immigrant visa under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b774 7#b7 ,reserved visas for shortage occupations 7,a7 ,in general ,for each of the first seven fiscal years after the date referred to in subsection 7d71 not fewer than #d1djj of the immigrant visas made available under section #bjc7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77#c771 and not reserved under paragraph 7#a71 shall be allocated to immigrants who are seeking admission to the ,united ,states to work in an occupation described in section #fef4e7;a7 of title #bj1 ,code of ,federal ,regulations 7or any successor regulation74 7,b7 ,family members ,family members who are accompanying or following to join a principal beneficiary described in subparagraph 7,a7 shall be entitled to a visa in the same status and in the same order of consideration as such principal beneficiary1 but such visa shall not be counted against the #d1djj immigrant visas reserved under such subparagraph4 7#c7 ,per-country levels ,for each of the first nine fiscal years after the date referred to in subsection 7d7-- 7,a7 not more than #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 visas reserved under paragraph 7#a7 shall be allocated to immigrants who are natives of any single foreign state or dependent area2 and 7,b7 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 may be allocated to immigrants who are native to any single foreign state or dependent area4 7#d7 ,special rule to prevent unused visas ,if1 at the end of the third quarter of any fiscal year1 the ,secretary of ,state determines that the application of paragraphs 7#a7 through 7#c7 would result in 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 going unused in that fiscal year1 such visas may be allocated during the remainder of such fiscal year without regard to paragraphs 7#a7 through 7#c74 7#e7 ,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 such ,act 7#h ,u4,s4,c4 #aaec7;d77 shall apply in allocating immigrant visas to family members1 for purposes of this subsection4 7#f7 ,determination of two foreign states or dependent areas with highest demand ,the two foreign states or dependent areas with the highest demand for immigrant visas1 as referred to in this subsection1 are the two foreign states or dependent areas with the largest aggregate number beneficiaries of petitions for an immigrant visa under section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 that have been approved1 but where an immigrant visa is not yet available1 as determined by the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security4 #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;,c73 7,a7 ,not later than #ahj days after the date of the enactment of the 1 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 beginning on 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 each nonimmigrant 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 each location at which a nonimmigrant 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,g7 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 the enactment of this ,act4 7#c7 ,application ,the amendment made by this subsection shall apply with respect to an employer commencing on the date that is #ahj days after the date of the 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 7f7 ,ending media abuse of ,h-#a;,b ,section #bad7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g771 as amended by subsection 7e71 is further amended by adding at the end the following3 7#ac7 ,an alien normally classifiable under section #aja7;a77#ae77;,i7 who seeks admission to the ,united ,states solely as a representative of the foreign press1 radio1 film1 or other foreign information media1 may not be issued a visa or admitted under section #aja7;a77#ae77;,h77i7 to engage in such vocation4 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 7#a77;,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 striking clause 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 ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by adding at the end the following3 7o7 ,adjustment of status for employment-,based immigrants 7#a7 ,in general ,notwithstanding subsection 7a77#c71 an alien 7including the alien's spouse or child1 if eligible to receive a visa under section #bjc7;d771 may file an application for adjustment of status if-- 7,a7 the alien-- 7i7 is present in the ,united ,states pursuant to a lawful admission as a nonimmigrant1 other than a nonimmigrant described in subparagraph 7,b71 7,c71 7,d71 or 7,s7 of section #aja7;a77#ae71 section #bab7l71 or section #bag2 and 7ii7 subject to subsection 7k71 is not ineligible for adjustment of status under subsection 7c72 and 7,b7 not less than #b years have elapsed since the immigrant visa petition filed by or on behalf of the alien under subparagraph 7,e7 or 7,f7 of section #bjd7;a77#a7 was approved4 7#b7 ,protection for children ,the child of a principal alien who files an application for adjustment of status under this subsection shall continue to qualify as a child for purposes of the application1 regardless of the child's age or whether the principal alien is deceased at the time an immigrant visa becomes available4 7#c7 ,travel and employment authorization 7,a7 ,advance parole ,applicants for adjustment of status under this subsection shall be eligible for advance parole under the same terms and conditions as applicants for adjustment of status under subsection 7a74 7,b7 ,employment authorization 7i7 ,principal alien ,subject to paragraph 7#d71 a principal applicant for adjustment of status under this subsection shall be eligible for work authorization under the same terms and conditions as applicants for adjustment of status under subsection 7a74 7ii7 ,limitations on employment authorization for dependents ,a dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application4 7#d7 ,conditions on adjustment of status and employment authorization for principal aliens 7,a7 ,in general ,during the time an application for adjustment of status under this subsection is pending and until such time an immigrant visa becomes available-- 7i7 the terms and conditions of the alien's employment1 including duties1 hours1 and compensation1 must be commensurate with the terms and conditions applicable to the employer's similarly situated ,united ,states workers in the area of employment1 or if the employer does not employ and has not recently employed more than two such workers1 the terms and conditions of such employment must be commensurate with the terms and conditions applicable to other similarly situated ,united ,states workers in the area of employment2 and 7ii7 consistent with section #bjd7;j71 if the alien changes positions or employers1 the new position is in the same or a similar occupational classification as the job for which the petition was filed4 7,b7 ,special filing procedures ,an application for adjustment of status filed by a principal alien under this subsection shall be accompanied by-- 7i7 a signed letter from the principal alien's current or prospective employer attesting that the terms and conditions of the alien's employment are commensurate with the terms and conditions of employment for similarly situated ,united ,states workers in the area of employment2 and 7ii7 other information deemed necessary by the ,secretary of ,homeland ,security to verify compliance with subparagraph 7,a74 7,c7 ,application for employment authorization 7i7 ,in general ,an application for employment authorization filed by a principal applicant for adjustment of status under this subsection shall be accompanied by a ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j77 attesting that-- 7,i7 the job offered in the immigrant visa petition remains a bona fide job offer that the alien intends to accept upon approval of the adjustment of status application2 or 7,,ii7 the alien has accepted a new full-time job in the same or a similar occupational classification as the job described in the approved immigrant visa petition4 7ii7 ,validity ,an employment authorization document issued to a principal alien who has filed an application for adjustment of status under this subsection shall be valid for three years4 7iii7 ,renewal ,any request by a principal alien to renew an employment authorization document associated with such alien's application for adjustment of status filed under this subsection shall be accompanied by the evidence described in subparagraphs 7,b7 and 7,c77i74 7#e7 ,decision 7,a7 ,in general ,an adjustment of status application filed under paragraph 7#a7 may not be approved-- 7i7 until the date on which an immigrant visa becomes available2 and 7ii7 if the principal alien has not1 within the preceding #ab months1 filed a ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j774 7,b7 ,request for evidence ,if at the time an immigrant visa becomes available1 a ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j77 has not been filed by the principal alien within the preceding #ab months1 the ,secretary of ,homeland ,security shall notify the alien and provide instructions for submitting such form4 7,c7 ,notice of intent to deny ,if the most recent ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j77 or any prior form indicates a lack of compliance with paragraph 7#d77;,a71 the ,secretary of ,homeland ,security shall issue a notice of intent to deny the application for adjustment of status and provide the alien the opportunity to submit evidence of compliance4 7,d7 ,denial ,an application for adjustment of status under this subsection may be denied if the alien fails to-- 7i7 timely file a ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j77 in response to a request for evidence issued under subparagraph 7,b72 or 7ii7 establish1 by a preponderance of the evidence1 compliance with paragraph 7#d77;,a74 7#f7 ,fees 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 to process each ,confirmation of ,bona ,fide ,job ,offer or ,portability 7or any form associated with section #bjd7;j77 filed under this subsection4 7,b7 ,deposit and use of fees ,fees collected under subparagraph 7,a7 shall be deposited and used as follows3 7i7 ,fifty percent of such fees shall be deposited in the ,immigration ,examinations ,fee ,account established under section #bhf7m74 7ii7 ,fifty percent of such fees shall be deposited in the ,treasury of the ,united ,states as miscellaneous receipts4 7#g7 ,application 7,a7 ,the provisions of this subsection-- 7i7 shall apply beginning on the date that is one year after the date of the enactment of the 2 and 7ii7 except as provided in subparagraph 7,b71 shall cease to apply as of the date that is nine years after the date of the enactment of such ,act4 7,b7 ,this subsection shall continue to apply with respect to any alien who has filed an application for adjustment of status under this subsection any time prior to the date on which this subsection otherwise ceases to apply4 7#h7 ,clarifications ,for purposes of this subsection3 7,a7 ,the term 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 7,b7 ,the duties1 hours1 and compensation of the alien are commensurate with those offered to ,united ,states workers in the same area of employment if the employer can demonstrate that the 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 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