[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3291 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3291
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 SENATE OF THE UNITED STATES
November 13, 2023
Mr. Cramer (for himself, Mr. Hickenlooper, and Ms. Collins) introduced
the following bill; 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 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 ``Equal Access to Green cards for
Legal Employment Act of 2023'' or the ``EAGLE 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 such 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) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (Public Law 102-404; 8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), by striking ``(as defined in
subsection (e))'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(d) 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.
(e) 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 Equal Access to Green cards for Legal
Employment 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, 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 30 days.
``(B) The Secretary may work with private companies or
nonprofit organizations to develop and operate the internet
website described in subparagraph (A).
``(C) 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'' and inserting the
following:
``(ii)(I) has provided''; 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:
``(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.
``(I) 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.''.
(g) Membership in Totalitarian Party.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by
subsections (e) and (f), is further amended by adding at the end the
following:
``(14)(A) Except as provided in this paragraph, an alien who is or
has been a member of or affiliated with the Communist or any other
totalitarian party (or subdivision or affiliate thereof), domestic or
foreign, may not be issued a visa or admitted under section
101(a)(15)(H)(i).
``(B) Subparagraph (A) shall not apply to an alien because of
membership or affiliation if the alien establishes to the satisfaction
of the consular officer when applying for a visa (or to the
satisfaction of the Secretary of Homeland Security when applying for
admission) under section 101(a)(15)(H)(i) that the membership or
affiliation is or was involuntary, or is or was solely when under 16
years of age, by operation of law, or for purposes of obtaining
employment, food rations, or other essentials of living and whether
necessary for such purposes.
``(C) Subparagraph (A) shall not apply to an alien because of
membership or affiliation if the alien establishes to the satisfaction
of the consular officer when applying for a visa (or to the
satisfaction of the Secretary of Homeland Security when applying for
admission) under section 101(a)(15)(H)(i) that--
``(i) the membership or affiliation terminated at least--
``(I) 2 years before the date of such application;
or
``(II) 5 years before the date of such application,
in the case of an alien whose membership or affiliation
was with the party controlling the government of a
foreign state that is a totalitarian dictatorship as of
such date; and
``(ii) the alien is not a threat to the security of the
United States.
``(D) The Secretary of Homeland Security may, in the Secretary's
discretion, waive the application of subparagraph (A) in the case of an
alien who is the parent, spouse, son, daughter, brother, or sister of a
citizen of the United States or a spouse, son, or daughter of an alien
lawfully admitted for permanent residence for humanitarian purposes, to
assure family unity, or when it is otherwise in the public interest if
the alien is not a threat to the security of the United States.''.
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. 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 is 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) The provisions of this subsection--
``(i) shall apply beginning on the date
that is one year after the date of the
enactment of the Equal Access to Green cards
for Legal Employment 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) 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)''.
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