,i  #aaith ,,congress  #b;d ,session    
,h4 ,r4 #hcce  ,,in ,,the ,,house ,,of  
,,representatives  ,april #af1 #bjbf,mr4
 ,kennedy of ,utah introduced the       
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to amend the ,immigration and  
,nationality ,act to reform the ,h-#a;,b
 nonimmigrant visa program1 with        
exceptions for certain vital            
professions1 and for other purposes4    
#a4 ,short title ,this ,act may be cited
 as the ,prioritizing ,resources and    
,opportunities for ,talent1 ,employment1
 ,compliance1 and ,terms ,act of #bjbf  
or the ,,protect ,act of #bjbf4  #b4    
,provisions relating to ,h-#a;,b        
nonimmigrant petitions ,section #bab7n7 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aahb7n77 is amended 
as follows3 7#a7 ,wage requirement ,in  
subparagraph 7,a7 of paragraph 7#a71 to 
read as follows3  7,a7 ,the employer has
 offered1 and will continue to offer for
 the duration of the authorized period  

of employment1 an annual wage to the    
,h-#a;,b nonimmigrant that is not less  
than the greatest of the following3 7i7 
,the annual wage paid by the employer to
 a ,united ,states citizen or lawful    
permanent resident who performed the    
same or substantially similar duties    
during the #b-year period immediately   
preceding the filing of the application4
  7ii7 #ajj1jjj1 as adjusted annually   
for inflation beginning on the first    
,july #a following the date of enactment
 of this ,act1 by increasing such amount
 by the cumulative percentage change in 
the ,consumer ,price ,index for ,all    
,urban ,consumers 7,,cpi-,u7 since the  
date of enactment4  4  7#b7 ,third-party
 worksite limitations2                  
compensation-based prioritization ,by   
adding at the end the following3  7#f7  
,limitation on visa validity ,an        
,h-#a;,b visa issued pursuant to an     
application filed under paragraph 7#a7  
shall be valid for a period not to      
exceed #a year if any portion of the    

work performed by the ,h-#a;,b          
nonimmigrant will take place at a       
third-party worksite4  7#g7 ,conditions 
for third-party placement ,no ,h-#a;,b  
visa may be issued1 and no ,h-#a;,b     
status may be granted1 if any portion of
 the work will be performed at a        
third-party worksite unless the work    
assignment--  7,a7 is clearly defined   
and not speculative2 and  7,b7 is       
expected to continue for the full       
duration of employment requested in the 
petition4  7#h7 ,petition prioritization
 ,in adjudicating ,h-#a;,b petitions    
during a fiscal year1 the ,secretary    
shall prioritize approval of petitions  
offering higher levels of compensation  
over petitions offering lower levels of 
compensation1 without regard to the     
order in which such petitions were      
filed4  4  #c4 ,health care personnel   
exemption ,section #bhf of the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acef7 is amended by inserting
 after subsection 7w7 the following3    

7x7 ,exemption for health care personnel
  7#a7 ,in general ,notwithstanding any 
other provision of law1 any fee or      
surcharge imposed on a petitioner or    
beneficiary in connection with the      
filing of a new ,h-#a;,b visa petition  
7including any fee or surcharge         
established by presidential             
proclamation1 regulation1 or guidance on
 or after ,september #ai1 #bjbe7 shall  
not apply to a petition filed on behalf 
of a health care worker described in    
paragraph 7#b74  7#b7 ,eligibility ,to  
be eligible for an exception under      
paragraph 7#a71 the petitioner shall    
submit1 in such form and manner as the  
,secretary of ,homeland ,security may   
require1 evidence that--  7,a7 the      
petitioner has made a good faith effort 
to recruit and hire a ,united ,states   
citizen or lawful permanent resident for
 the position for which the ,h-#a;,b    
worker is sought2 and  7,b7 the         
petitioner was unable to fill such      
position with a qualified ,united       

,states citizen or lawful permanent     
resident after such recruitment efforts4
  7#c7 ,standards and procedures for    
submission of documentation ,the        
,secretary shall by rule establish      
standards and procedures for petitioners
 to submit documentation demonstrating  
compliance with the requirements set    
forth in paragraph 7#b71 including      
evidence of job postings1 outreach to   
domestic workers1 and other recruitment 
activities as determined appropriate by 
the ,secretary4  7#d7 ,definition ,for  
purposes of this section1 the term      
health care worker means an individual  
who--  7,a7 is seeking classification as
 a nonimmigrant ,h-#a;,b worker2 and    
7,b7 is being petitioned for employment 
as a physician1 registered nurse1       
licensed therapist1 pharmacist1 clinical
 laboratory professional1 advanced      
practice provider1 or other direct      
patient care professional in a health   
care facility or system1 as defined     
under #db ,u4,s4,c4 section #cjjs-#c of 

the ,public ,health ,service ,act4  7#e7
 ,rule of construction ,nothing in this 
subsection shall be construed to limit  
the authority of the ,secretary of      
,homeland ,security to establish        
additional exemptions or to define      
categories through guidance consistent  
with this ,act4  4  #d4 ,effective date 
,this ,act shall take effect on the date
 of enactment and shall apply to any    
,h-#a;,b visa petition filed on or after
 such date4