[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6542 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6542
To amend the Immigration and Nationality Act to eliminate the per-
country numerical limitation for employment-based immigrants, to
increase the per-country numerical limitation for family sponsored
immigrants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2023
Mr. McCormick (for himself, Mr. Krishnamoorthi, and Ms. Jayapal)
introduced the following bill; which was 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 immigrants, to
increase the per-country numerical limitation for family sponsored
immigrants, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Visa Efficiency and
Security Act of 2023''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as follows:
``(2) Per country levels for family-sponsored immigrants.--
Subject to paragraphs (3) and (4), the total number of
immigrant visas made available to natives of any single foreign
state or dependent area under section 203(a) in any fiscal year
may not exceed 15 percent (in the case of a single foreign
state) or 2 percent (in the case of a dependent area) of the
total number of such visas made available under such section in
that fiscal year.''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``both
subsections (a) and (b) of section 203'' and inserting
``section 203(a)''; and
(B) by striking paragraph (5); and
(2) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If the total number
of immigrant visas made available under section 203(a) to natives of
any single foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year, immigrant
visas shall be allotted to such natives under section 203(a) (to the
extent practicable and otherwise consistent with this section and
section 203) in a manner so that, except as provided in subsection
(a)(4), the proportion of the visas made available under each of
paragraphs (1) through (4) of section 203(a) is equal to the ratio of
the total visas made available under the respective paragraph to the
total visas made available under section 203(a).''.
(c) 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 Act.
(d) Transition Rules for Employment-Based Immigrants.--
Notwithstanding title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.), the following transition rules shall apply to
employment-based immigrants, beginning on the date referred to in
subsection (d):
(1) Reserved visas for lower admission states.--
(A) In general.--For the first nine fiscal years
after the date referred to in subsection (d), immigrant
visas under each of paragraphs (2) and (3) of section
203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)) 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
follows:
(i) For the first fiscal year after such
date, 30 percent of such visas.
(ii) For the second fiscal year after such
date, 25 percent of such visas.
(iii) For the third fiscal year after such
date, 20 percent of such visas.
(iv) For the fourth fiscal year after such
date, 15 percent of such visas.
(v) For the fifth and sixth fiscal years
after such date, 10 percent of such visas.
(vi) For the seventh, eighth, and ninth
fiscal years after such date, 5 percent of such
visas.
(B) Additional reserved visas for new arrivals.--
For each of the first nine fiscal years after the date
referred to in subsection (d), an additional 5.75
percent of the immigrant visas made available under
each of paragraphs (2) and (3) of section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b))
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 visas. Such additional visas shall
be allocated in the following order of priority:
(i) Family members accompanying or
following to join.--Visas reserved under this
subparagraph shall be allocated to family
members described in section 203(d) of the
Immigration and Nationality Act (8 U.S.C.
1153(d)) 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 (2) or (3)
of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)).
(ii) New principal arrivals.--If at the end
of the second quarter of any fiscal year, the
total number of visas reserved under this
subparagraph exceeds the number of qualified
immigrants described in clause (i), such visas
may also be allocated, for the remainder of the
fiscal year, to individuals (and their family
members described in section 203(d) of the
Immigration and Nationality Act (8 U.S.C.
1153(d))) who are seeking an immigrant visa
under paragraph (2) or (3) of section 203(b) of
the Immigration and Nationality Act (8 U.S.C.
1153(b)) to enter the United States as new
immigrants, 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 petition.
(iii) Other new arrivals.--If at the end of
the third quarter of any fiscal year, the total
number of visas reserved under this
subparagraph exceeds the number of qualified
immigrants described in clauses (i) and (ii),
such visas may be also be allocated, for the
remainder of the fiscal year, to other
individuals (and their family members described
in section 203(d) of the Immigration and
Nationality Act (8 U.S.C. 1153(d))) who are
seeking an immigrant visa under paragraph (2)
or (3) of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)).
(2) Reserved visas for shortage occupations.--
(A) In general.--For each of the first seven fiscal
years after the date referred to in subsection (d), not
fewer than 4,400 of the immigrant visas made available
under section 203(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(3)), and not reserved
under paragraph (1), shall be allocated to immigrants
who are seeking admission to the United States to work
in an occupation described in section 656.5(a) of title
20, Code of Federal Regulations (or any successor
regulation).
(B) Family members.--Family members who are
accompanying or following to join a principal
beneficiary described in subparagraph (A) shall be
entitled to a visa in the same status and in the same
order of consideration as such principal beneficiary,
but such visa shall not be counted against the 4,400
immigrant visas reserved under such subparagraph.
(3) Per-country levels.--For each of the first nine fiscal
years after the date referred to in subsection (d)--
(A) not more than 25 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of visas reserved
under paragraph (1) shall be allocated to immigrants
who are natives of any single foreign state or
dependent area; and
(B) not more than 85 percent of the immigrant visas
made available under each of paragraphs (2) and (3) of
section 203(b) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)) and not reserved under paragraph
(1), may be allocated to immigrants who are native to
any single foreign state or dependent area.
(4) Special rule to prevent unused visas.--If, at the end
of the third quarter of any fiscal year, the Secretary of State
determines that the application of paragraphs (1) through (3)
would result in visas made available under paragraph (2) or (3)
of section 203(b) of the Immigration and Nationality Act (8
U.S.C. 1153(b)) going unused in that fiscal year, such visas
may be allocated during the remainder of such fiscal year
without regard to paragraphs (1) through (3).
(5) Rules for chargeability and dependents.--Section 202(b)
of the Immigration and Nationality Act (8 U.S.C. 1152(b)) shall
apply in determining the foreign state to which an alien is
chargeable, and section 203(d) of such Act (8 U.S.C. 1153(d))
shall apply in allocating immigrant visas to family members,
for purposes of this subsection.
(6) Determination of two foreign states or dependent areas
with highest demand.--The two foreign states or dependent areas
with the highest demand for immigrant visas, as referred to in
this subsection, are the two foreign states or dependent areas
with the largest aggregate number beneficiaries of petitions
for an immigrant visa under section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)) that have been approved,
but where an immigrant visa is not yet available, as determined
by the Secretary of State, in consultation with the Secretary
of Homeland Security.
SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.
(a) Department of Labor Website.--Section 212(n) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end
the following:
``(6) For purposes of complying with paragraph (1)(C):
``(A) Not later than 180 days after the date of the
enactment of the Immigration Visa Efficiency and
Security Act of 2023, the Secretary of Labor shall
establish a searchable internet website for posting
positions in accordance with paragraph (1)(C) that is
available to the public without charge.
``(B) The Secretary may delay the launch of the
website described in subparagraph (A) for a single
period identified by the Secretary by notice in the
Federal Register that shall not exceed 30 days.
``(C) The Secretary may work with private companies
or nonprofit organizations to develop and operate the
internet website described in subparagraph (A).
``(D) The Secretary shall promulgate rules, after
notice and a period for comment, to carry out this
paragraph.''.
(b) Publication Requirement.--The Secretary of Labor shall submit
to Congress, and publish in the Federal Register and in other
appropriate media, a notice of the date on which the internet website
required under section 212(n)(6) of the Immigration and Nationality
Act, as established by subsection (a), will be operational.
(c) Application.--The amendment made by subsection (a) shall apply
beginning on the date that is 90 days after the date described in
subsection (b).
(d) Internet Posting Requirement.--Section 212(n)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(C)) is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided notice of the filing
under this paragraph'' and inserting the following:
``(ii)(I) has provided notice of the filing
under this paragraph''; and
(3) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) except in the case of an employer
filing a petition on behalf of an H-1B
nonimmigrant who has already been counted
against the numerical limitations and is not
eligible for a full 6-year period, as described
in section 214(g)(7), or on behalf of an H-1B
nonimmigrant authorized to accept employment
under section 214(n), has posted on the
internet website described in paragraph (6),
for at least 30 calendar days, a description of
each position for which a nonimmigrant is
sought, that includes--
``(I) the occupational
classification, and if different the
employer's job title for the position,
in which each nonimmigrant will be
employed;
``(II) the education, training, or
experience qualifications for the
position;
``(III) the salary or wage range
and employee benefits offered;
``(IV) each location at which a
nonimmigrant will be employed; and
``(V) the process for applying for
a position; and''.
SEC. 4. H-1B EMPLOYER PETITION REQUIREMENTS.
(a) Wage Determination Information.--Section 212(n)(1)(D) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(D)) is amended by
inserting ``the prevailing wage determination methodology used under
subparagraph (A)(i)(II),'' after ``shall contain''.
(b) New Application Requirements.--Section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by
inserting after subparagraph (G) the following new subparagraph:
``(H)(i) The employer, or a person or entity acting
on the employer's behalf, has not advertised any
available position specified in the application in an
advertisement that states or indicates that--
``(I) such position is only available to an
individual who is or will be an H-1B
nonimmigrant; or
``(II) an individual who is or will be an
H-1B nonimmigrant shall receive priority or a
preference in the hiring process for such
position.
``(ii) The employer has not primarily recruited
individuals who are or who will be H-1B nonimmigrants
to fill such position.
``(iii) If the employer, in a previous period
specified by the Secretary, employed one or more H-1B
nonimmigrants, the employer shall submit to the
Secretary the Internal Revenue Service Form W-2 Wage
and Tax Statements filed by the employer with respect
to the H-1B nonimmigrants for such period.''.
(c) Additional Requirement for New H-1B Petitions.--
(1) In general.--Section 212(n)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection
(b), is further amended by inserting after subparagraph (I),
the following:
``(J)(i) If the employer employs 50 or more
employees in the United States, the sum of the number
of such employees who are H-1B nonimmigrants plus the
number of such employees who are nonimmigrants
described in section 101(a)(15)(L) does not exceed 50
percent of the total number of employees.
``(ii) Any group treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the
Internal Revenue Code of 1986 shall be treated as a
single employer for purposes of clause (i).''.
(2) Rule of construction.--Nothing in subparagraph (J) of
section 212(n)(1) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(1)), as added by paragraph (1), may be construed
to prohibit renewal applications or change of employer
applications for H-1B nonimmigrants employed by an employer on
the date of the enactment of this Act.
(3) Application.--The amendment made by this subsection
shall apply with respect to an employer commencing on the date
that is 180 days after the date of the enactment of this Act.
(d) Labor Condition Application Fee.--Section 212(n) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by
section 3(a), is further amended by adding at the end the following:
``(7)(A) 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 costs.
``(B)(i) Fees collected under this paragraph shall be
deposited as offsetting receipts within the general fund of the
Treasury in a separate account, which shall be known as the `H-
1B Administration, Oversight, Investigation, and Enforcement
Account' and shall remain available until expended.
``(ii) The Secretary of the Treasury shall refund amounts
in such account to the Secretary of Labor for salaries and
related expenses associated with the administration, oversight,
investigation, and enforcement of the H-1B nonimmigrant visa
program.''.
(e) Elimination of B-1 in Lieu of H-1.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding
at the end the following:
``(12)(A) Unless otherwise authorized by law, an alien
normally classifiable under section 101(a)(15)(H)(i) who seeks
admission to the United States to provide services in a
specialty occupation described in paragraph (1) or (3) of
subsection (i) may not be issued a visa or admitted under
section 101(a)(15)(B) for such purpose.
``(B) Nothing in this paragraph may be construed to
authorize the admission of an alien under section 101(a)(15)(B)
who is coming to the United States for the purpose of
performing skilled or unskilled labor if such admission is not
otherwise authorized by law.''.
(f) Ending Media Abuse of H-1B.--Section 214(g) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)), as amended by subsection (e),
is further amended by adding at the end the following:
``(13) An alien normally classifiable under section
101(a)(15)(I) who seeks admission to the United States solely
as a representative of the foreign press, radio, film, or other
foreign information media, may not be issued a visa or admitted
under section 101(a)(15)(H)(i) to engage in such vocation.''.
SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B
EMPLOYERS.
(a) Investigation, Working Conditions, and Penalties.--Section
212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)(C)) is amended by striking clause (iv) and inserting the
following:
``(iv)(I) An employer that has filed an
application under this subsection violates this
clause by taking, failing to take, or
threatening to take or fail to take a personnel
action, or intimidating, threatening,
restraining, coercing, blacklisting,
discharging, or discriminating in any other
manner against an employee because the
employee--
``(aa) disclosed information that
the employee reasonably believes
evidences a violation of this
subsection or any rule or regulation
pertaining to this subsection; or
``(bb) cooperated or sought to
cooperate with the requirements under
this subsection or any rule or
regulation pertaining to this
subsection.
``(II) An employer that violates this
clause shall be liable to the employee harmed
by such violation for lost wages and benefits.
``(III) In this clause, the term `employee'
includes--
``(aa) a current employee;
``(bb) a former employee; and
``(cc) an applicant for
employment.''.
(b) Information Sharing.--Section 212(n)(2)(H) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read as
follows:
``(H)(i) The Director of U.S. Citizenship and
Immigration Services shall provide the Secretary of
Labor with any information contained in the materials
submitted by employers of H-1B nonimmigrants as part of
the petition adjudication process that indicates that
the employer is not complying with visa program
requirements for H-1B nonimmigrants.
``(ii) The Secretary may initiate and conduct an
investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
SEC. 6. LABOR CONDITION APPLICATIONS.
(a) Application Review Requirements.--Section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in
the undesignated matter following subparagraph (I), as added by section
4(b)--
(1) in the fourth sentence, by inserting ``, and through
the internet website of the Department of Labor, without
charge.'' after ``Washington, D.C.'';
(2) in the fifth sentence, by striking ``only for
completeness'' and inserting ``for completeness, clear
indicators of fraud or misrepresentation of material fact,'';
(3) in the sixth sentence, by striking ``or obviously
inaccurate'' and inserting ``, presents clear indicators of
fraud or misrepresentation of material fact, or is obviously
inaccurate''; and
(4) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact, the
Secretary may conduct an investigation and hearing in
accordance with paragraph (2).''.
(b) Ensuring Prevailing Wages Are for Area of Employment and Actual
Wages Are for Similarly Employed.--Section 212(n)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended--
(1) in clause (i), in the undesignated matter following
subclause (II), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``, and''; and
(3) by adding at the end the following:
``(iii) will ensure that--
``(I) the actual wages or range
identified in clause (i) relate solely
to employees having substantially the
same duties and responsibilities as the
H-1B nonimmigrant in the geographical
area of intended employment,
considering experience, qualifications,
education, job responsibility and
function, specialized knowledge, and
other legitimate business factors,
except in a geographical area there are
no such employees, and
``(II) the prevailing wages
identified in clause (ii) reflect the
best available information for the
geographical area within normal
commuting distance of the actual
address of employment at which the H-1B
nonimmigrant is or will be employed.''.
(c) Procedures for Investigation and Disposition.--Section
212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)(A)) is amended--
(1) by striking ``(2)(A) Subject'' and inserting
``(2)(A)(i) Subject'';
(2) by striking the fourth sentence; and
(3) by adding at the end the following:
``(ii)(I) Upon receipt of a complaint under
clause (i), the Secretary may initiate an
investigation to determine whether such a
failure or misrepresentation has occurred.
``(II) The Secretary may conduct--
``(aa) surveys of the degree to
which employers comply with the
requirements under this subsection; and
``(bb) subject to subclause (IV),
annual compliance audits of any
employer that employs H-1B
nonimmigrants during the applicable
calendar year.
``(III) Subject to subclause (IV), the
Secretary shall--
``(aa) conduct annual compliance
audits of each employer that employs
more than 100 full-time equivalent
employees who are employed in the
United States if more than 15 percent
of such full-time employees are H-1B
nonimmigrants; and
``(bb) make available to the public
an executive summary or report
describing the general findings of the
audits conducted under this subclause.
``(IV) 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 (C)(ii), no
further annual compliance audit shall be
conducted with respect to such employer for a
period of not less than 4 years, absent
evidence of misrepresentation or fraud.''.
(d) Penalties for Violations.--Section 212(n)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``a condition of paragraph (1)(B), (1)(E), or
(1)(F)'' and inserting ``a condition of paragraph
(1)(B), (1)(E), (1)(F), (1)(H), or (1)(I)''; and
(B) in subclause (I), by striking ``$1,000'' and
inserting ``$3,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$15,000'';
(3) in clause (iii)(I), by striking ``$35,000'' and
inserting ``$100,000''; and
(4) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$3,000''.
(e) Initiation of Investigations.--Section 212(n)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended--
(1) in clause (i), by striking ``In the case of an
investigation'' in the second sentence and all that follows
through the period at the end of the clause;
(2) in clause (ii), in the first sentence, by striking
``and whose identity'' and all that follows through ``failure
or failures.'' and inserting ``the Secretary of Labor may
conduct an investigation into the employer's compliance with
the requirements under this subsection.'';
(3) in clause (iii), by striking the second sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) in clause (iv), as so redesignated--
(A) by striking ``clause (viii)'' and inserting
``clause (vi)''; and
(B) by striking ``meet a condition described in
clause (ii)'' and inserting ``comply with the
requirements under this subsection'';
(7) by amending clause (v), as so redesignated, to read as
follows:
``(v)(I) The Secretary of Labor shall
provide notice to an employer of the intent to
conduct an investigation under clause (i) or
(ii).
``(II) The notice shall be provided in such
a manner, and shall contain sufficient detail,
to permit the employer to respond to the
allegations before an investigation is
commenced.
``(III) 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 subsection.
``(IV) A determination by the Secretary
under this clause shall not be subject to
judicial review.'';
(8) in clause (vi), as so redesignated, by striking ``An
investigation'' in the first sentence and all that follows
through ``the determination.'' in the second sentence and
inserting ``If the Secretary of Labor, after an investigation
under clause (i) or (ii), determines that a reasonable basis
exists to make a finding that the employer has failed to comply
with the requirements under this subsection, the Secretary
shall provide interested parties with notice of such
determination and an opportunity for a hearing in accordance
with section 556 of title 5, United States Code, not later than
60 days after the date of such determination.''; and
(9) by adding at the end the following:
``(vii) If the Secretary of Labor, after a
hearing, finds that the employer has violated a
requirement under this subsection, the
Secretary may impose a penalty pursuant to
subparagraph (C).''.
SEC. 7. WAGE REQUIREMENT.
Section 212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)) is amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Subject to subparagraphs (B) and (C), the
employer--
``(i) is offering and will offer during the
period of authorized employment to aliens
admitted or provided status as an H-1B
nonimmigrant wages that are at least the
greater of--
``(I) $90,000 or the applicable
adjusted amount under subclause (II),
or
``(II) the actual wage level paid
by the employer to all other
individuals with similar experience and
qualifications for the specific
employment in question, or
``(III) the prevailing wage level
for the occupational classification in
the area of employment, and
``(ii) will provide working conditions for
such a nonimmigrant that will not adversely
affect the working conditions of workers
similarly employed.
``(B) Effective for the third fiscal year that
begins after the date of the enactment of this clause,
and each third fiscal year thereafter, the amount
described in subparagraph (A)(i)(I) (as of the last
increase to such amount) shall be increased by the
percentage by which the Consumer Price Index, as
calculated by the Bureau of Labor Statistics, for the
month of June preceding the date on which such increase
would take effect exceeds the Consumer Price Index for
the June of the third preceding calendar year.
``(C) Post-secondary education institutions, any
organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 which is exempt from
taxation under section 501(a) of such Code, and any
health care provider located in designated health
professional shortage areas pursuant to section 332 of
the Public Health Service Act, shall be exempt from the
minimum under subparagraph (A) and have their
applications considered equally.''; and
(B) by redesignating subparagraphs (B), (C), (D),
(E), (F), and (G) as subparagraphs (D), (E), (F), (G),
(H), and (I), respectively; and
(2) in paragraph (3)(B), by striking clause (i) and
inserting the following:
``(i) the term `exempt H-1B nonimmigrant'
means an H-1B nonimmigrant who receives wages
in accordance with paragraph (1)(A);''.
SEC. 8. PROHIBITION OF CERTAIN VISAS FOR NATIONALS OF FOREIGN ADVERSARY
COUNTRIES.
Notwithstanding any other provision of law, an alien from a foreign
adversary country as defined in 47 U.S.C. 1607(c)(2) may not be
admitted as a nonimmigrant under section 101(a)(15)(H)(i)(b) or section
101(a)(15)(H)(iii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b); 1101(a)(1)(H)(iii)) for employment in any matter
with respect to the vital national interest.
SEC. 9. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS.
(a) Adjustment of Status for Employment-based Immigrants.--Section
245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended
by adding at the end the following:
``(o) Adjustment of Status for Employment-Based Immigrants.--
``(1) In general.--Notwithstanding subsection (a)(3), an
alien (including the alien's spouse or child, if eligible to
receive a visa under section 203(d)), may file an application
for adjustment of status if--
``(A) the alien--
``(i) is present in the United States
pursuant to a lawful admission as a
nonimmigrant, other than a nonimmigrant
described in subparagraph (B), (C), (D), or (S)
of section 101(a)(15), section 212(l), or
section 217; and
``(ii) subject to subsection (k), is not
ineligible for adjustment of status under
subsection (c); and
``(B) not less than 2 years have elapsed since the
immigrant visa petition filed by or on behalf of the
alien under subparagraph (E) or (F) of section
204(a)(1) was approved.
``(2) 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 application, regardless of the child's age or
whether the principal alien is deceased at the time an
immigrant visa becomes available.
``(3) Travel and employment authorization.--
``(A) 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
(a).
``(B) Employment authorization.--
``(i) Principal alien.--Subject to
paragraph (4), 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 (a).
``(ii) 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 application.
``(4) Conditions on adjustment of status and employment
authorization for principal aliens.--
``(A) 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--
``(i) the terms and conditions of the
alien's employment, including duties, hours,
and compensation, must be commensurate with the
terms and conditions applicable to the
employer's similarly situated United States
workers in the area of employment, or if the
employer does not employ and has not recently
employed more than two such workers, 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 employment; and
``(ii) consistent with section 204(j), if
the alien changes positions or employers, the
new position shall be in the same or a similar
occupational classification as the job for
which the petition was filed.
``(B) Special filing procedures.--An application
for adjustment of status filed by a principal alien
under this subsection shall be accompanied by--
``(i) 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 employment; and
``(ii) other information deemed necessary
by the Secretary of Homeland Security to verify
compliance with subparagraph (A).
``(C) Application for employment authorization.--
``(i) 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 (or any form associated with
section 204(j)) attesting that--
``(I) 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 application; or
``(II) 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 petition.
``(ii) 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 years.
``(iii) 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 (B) and (C)(i).
``(5) Decision.--
``(A) In general.--An adjustment of status
application filed under paragraph (1) may not be
approved--
``(i) until the date on which an immigrant
visa becomes available; and
``(ii) if the principal alien has not,
within the preceding 12 months, filed a
Confirmation of Bona Fide Job Offer or
Portability (or any form associated with
section 204(j)).
``(B) Request for evidence.--If at the time an
immigrant visa becomes available, a Confirmation of
Bona Fide Job Offer or Portability (or any form
associated with section 204(j)) has not been filed by
the principal alien within the preceding 12 months, the
Secretary of Homeland Security shall notify the alien
and provide instructions for submitting such form.
``(C) Notice of intent to deny.--If the most recent
Confirmation of Bona Fide Job Offer or Portability (or
any form associated with section 204(j)) or any prior
form indicates a lack of compliance with paragraph
(4)(A), 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 compliance.
``(D) Denial.--An application for adjustment of
status under this subsection may be denied if the alien
fails to--
``(i) timely file a Confirmation of Bona
Fide Job Offer or Portability (or any form
associated with section 204(j)) in response to
a request for evidence issued under
subparagraph (B); or
``(ii) establish, by a preponderance of the
evidence, compliance with paragraph (4)(A).
``(6) Fees.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary of Homeland Security
shall charge and collect a fee in the amount of $2,000
to process each Confirmation of Bona Fide Job Offer or
Portability (or any form associated with section
204(j)) filed under this subsection.
``(B) Deposit and use of fees.--Fees collected
under subparagraph (A) shall be deposited and used as
follows:
``(i) Fifty percent of such fees shall be
deposited in the Immigration Examinations Fee
Account established under section 286(m).
``(ii) Fifty percent of such fees shall be
deposited in the Treasury of the United States
as miscellaneous receipts.
``(7) Application.--
``(A) In general.--The provisions of this
subsection--
``(i) shall apply beginning on the date
that is one year after the date of the
enactment of the Immigration Visa Efficiency
and Security Act of 2023; and
``(ii) except as provided in subparagraph
(B), shall cease to apply as of the date that
is nine years after the date of the enactment
of such Act.
``(B) Applicability.--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 apply.
``(8) Clarifications.--For purposes of this subsection:
``(A) The term `similarly situated United States
workers' includes United States workers performing
similar duties, subject to similar supervision, and
with similar educational backgrounds, industry
expertise, employment experience, levels of
responsibility, and skill sets as the alien in the same
geographic area of employment as the alien.
``(B) The duties, hours, 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 duties, hours, and
compensation are consistent with the range of such
terms and conditions the employer has offered or would
offer to similarly situated United States employees.''.
(b) Conforming Amendment.--Section 245(k) of the Immigration and
Nationality Act (8 U.S.C. 1255(k)) is amended by adding ``or (n)''
after ``pursuant to subsection (a)''.
SEC. 10. DESCRIPTIONS OF CERTAIN TERMS; REPORT REQUIRED.
(a) Matter of Vital National Interest Described.--The term ``matter
of vital national interest'' means an occupation where the employee
will be working on a government contract related to matters,
including--
(1) cybersecurity;
(2) energy; or
(3) the national defense.
(b) Determination Update Required.--The Secretary of Homeland
Security shall update a determination made pursuant to subsection (a)
not less than every two years.
(c) Report Required.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
report to Congress on the countries and sectors of industry,
respectively, that meet the determination made pursuant to
subsections (a).
(2) Report update required.--The Secretary of Homeland
Security shall update the report under paragraph (1) after any
change is made to a determination made pursuant to subsections
(a) and shall update the report not less than every two years.
<all>