S.Amdt. 1960

SA 1960. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

TITLE _--EMPLOYMENT-BASED VISAS

Subtitle A--Employment-based Nonimmigrant Visas

SEC. _11. SECURING A SUPPLY OF HIGHLY SKILLED WORKERS.

(a) In General.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (5)--
(A) by redesignating subparagraph (C) as subparagraph (D);
(B) by inserting after subparagraph (B) the following:
``(C) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
1001(a) of title 20) and whose employer has certified that
the employer has filed or will file an Immigrant Petition on
behalf of the alien; or''; and
(C) by amending subparagraph (D), as redesignated, to read
as follows:
``(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) and whose employer has not certified that the
employer has filed or will file an Immigrant Petition on
behalf of the alien, until the number of such aliens who are
exempted from such numerical limitations during such year
exceeds 20,000.''; and
(2) in paragraph (6)--
(A) by inserting ``(A)'' before ``Any alien''; and
(B) by adding at the end the following:
``(B)(i) The initial period of validity of a nonimmigrant
visa issued under section 101(a)(15)(H)(i)(b) to an alien
described in paragraph (5)(C) who is exempted from the
numerical limitations under paragraph (1)(A) shall be 12
months.
``(ii) The period of validity of a visa described in clause
(i) may be extended beyond the initial period described in
such clause if the employer provides evidence to the
Secretary that--
``(I) the employer has filed, on the alien's behalf, a
nonfrivolous Application for Permanent Employment
Certification or a nonfrivolous Immigrant Petition; and
``(II) such application or petition has not been denied in
a final agency action.''.
(b) Anti-hoarding.--
(1) In general.--Section 214(g)(10) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
(A) by inserting ``(A)'' before ``The numerical
limitations''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), if 5 or more petitions for
H-1B classification subject to the cap established under
paragraph (1)(A) filed by an employer in a fiscal year are
approved, the employer shall pay a penalty for each such
approved petition subject to such cap for which the H-1B
beneficiary works in the United States for less than 25
percent of the first year of the beneficiary's approved work
authorization period for the employer that initially secured
the cap-subject petition approval.
``(ii)(I) Except as provided in subclause (IV), an employer
shall not be subject to the penalties set forth in clause (i)
if the employer withdraws the petition for an H-1B visa--
``(aa) as a result of an unexpected change in the need for
the alien worker;
``(bb) because the alien worker commences employment in the
United States for the employer under another lawful status;
or
``(cc) because the alien worker quit or resigned the
worker's position with the employer.
``(II) An employer withdrawing a petition under subclause
(I) shall file with the Secretary a description of the
circumstances--
``(aa) resulting in the unexpected change in the need for
the alien worker;
``(bb) surrounding the alien worker's commencement of
employment in the United States for the employer withdrawing
the H-1B approval under another lawful status; or
``(cc) surrounding the alien worker's decision to quit or
resign the worker's position with the employer.
``(III) Any unused visas associated with petitions
withdrawn under subclause (I) that were subject to the cap
established under paragraph (1)(A) shall be reassigned to
another H-1B petition filed by another employer either in the
fiscal year in which the withdrawal was received or in the
following fiscal year.
``(IV) Subclause (I) shall not apply to an employer in a
fiscal year if--
``(aa)(AA) at least 20 and not more than 49 petitions filed
by the employer in a fiscal

[[Page S1043]]

year for H-1B visa classification subject to the cap
established under paragraph (1)(A) are approved; and
``(BB) the employer withdraws more than 25 percent of the
approved H-1B visa petitions subject to the numerical
limitation under paragraph (1)(A) that were received by the
employer in the fiscal year or the employer withdraws more
than 10 percent of such petitions because the alien worker
resigned his or her employment with the employer before
completing 3 months of employment; or
``(bb)(AA) more than 50 petitions filed by the employer in
a fiscal year for H-1B visa classification subject to the cap
established under paragraph (1)(A) are approved; and
``(BB) the employer withdraws more than 20 percent of the
approved H-1B visa petitions subject to the numerical
limitation under paragraph (1)(A) that were received by the
employer in the fiscal year or the employer withdraws more
than 5 percent of such petitions because the alien worker
resigned his or her employment with the employer before
completing 3 months of employment.
``(iii)(I) The penalty for a violation of clause (i) shall
be--
``(aa) $10,000 for each petition described in such clause
that was filed during the first fiscal year that a penalty is
imposed; and
``(bb) $25,000 for each such petition that was filed after
the first fiscal year that a penalty is imposed.
``(II) A penalty under clause (iii)(I) may not be
reimbursed or indemnified by an H-1B nonimmigrant.
``(III) An employer subject to a penalty under clause (i)
in any 3 fiscal years shall be barred from filing any
petitions for H-1B visas subject to the numerical limitation
under paragraph (1)(A) for the fiscal year immediately
following the third year of noncompliance.
``(iv) Each employer that has 5 or more approved petitions
for H-1B classification subject to the cap established under
paragraph (1)(A) shall submit an annual report to the
Secretary of Homeland Security that identifies--
``(I) the date on which each such H-1B nonimmigrant
approved during the most recent fiscal year began working for
the employer in the United States; and
``(II) the total period of employment in the first year of
available work authorization for each such H-1B nonimmigrant
during the most recent fiscal year.
``(v) Penalties assessed under this subparagraph shall be
deposited into the H-1B Nonimmigrant Petitioner Account
established under section 286(s).''.
(2) Effective date.--Section 214(g)(10)(B) of the
Immigration and Nationality Act, as added by paragraph (1),
shall take effect on the date that is 1 year after the date
of the enactment of this Act.
(c) Reporting Requirement.--The Secretary of Homeland
Security shall identify the number of previously approved
visas that--
(1) were the subject of withdrawn petitions under section
214(g)(10)(B)(ii) of the Immigration and Nationality Act, as
added by subsection (b); and
(2) are available for reassignment to another employer.

SEC. _12. DEPENDENT H-1B EMPLOYERS; EXEMPT H-1B
NONIMMIGRANTS.

Section 212(n) of the Immigration and Nationality Act (8
U.S.C. 1182(n)) is amended--
(1) in paragraph (1)(E)--
(A) in clause (i), by striking ``(as defined in paragraph
(4))''; and
(B) by striking clause (ii) and inserting the following:
``(ii) Except as provided in clause (iii), an application
described in this clause is an application filed by--
``(I) an H-1B-dependent employer; or
``(II) an employer that has been found under paragraph
(2)(C) or (5) to have committed a willful failure or
misrepresentation during the 5-year period preceding the
filing of the application.
``(iii)(I) Except as provided in subclause (II), an
application is not described in clause (ii) if the only H-1B
nonimmigrants sought in the application are exempt H-1B
nonimmigrants.
``(II) Subclause (I) shall not apply if the employer has
more than 50 employees and more than 50 percent of the
employer's employees are H-1B nonimmigrants.'';
(2) in paragraph (3)(B)--
(A) by amending clause (i) to read as follows:
``(i) the term `exempt H-1B nonimmigrant' means an H-1B
nonimmigrant who--
``(I) receives wages (including cash bonuses) at an annual
rate equal to not less than the higher of--
``(aa) 105 percent of the occupational mean wage, as
determined based on Bureau of Labor Statistics data for the
geographic area of employment; or
``(bb) $100,000 (or the adjusted amount under clause (iii),
if applicable); or
``(II) has attained a doctoral degree from an institution
of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the
United States in a specialty related to the intended
employment;'';
(B) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iii) the amount under clause (i)(I)(bb) shall be
increased, for the third fiscal year beginning after the date
of the enactment of this clause and for every third fiscal
year thereafter, by the percentage (if any) by which the
Consumer Price Index for the month of June preceding the date
on which such increase takes effect exceeds the Consumer
Price Index for the same month of the third preceding
calendar year.''.

SEC. _13. STRENGTHENING THE PREVAILING WAGE SYSTEM.

Section 212(p)(4) of the Immigration and Nationality Act (8
U.S.C. 1182(p)(4)) is amended by adding at the end the
following: ``With regard to the prevailing wage required to
be paid under subsections (a)(5)(A), (n)(1)(A)(i)(II), and
(t)(1)(A)(i)(II) (as added by section 402(b)(2) of Public Law
108-77), the first level of wages shall be not less than the
mean of the lowest 50 percent of the wages surveyed.''.

Subtitle B--Employment-based Immigrant Visas

SEC. _21. ELIMINATION OF PER-COUNTRY NUMERICAL LIMITATIONS.

(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, the number of visas for natives of
that state or area shall be allocated under section 203(a) so
that, except as provided in subsection (a)(4), the proportion
of the visa numbers made available under each of paragraphs
(1) through (4) of section 203(a) is equal to the ratio of
the total number of visas made available under the respective
paragraph to the total number of visas made available under
section 203(a).''.
(c) Country-specific Offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section
shall take effect as if enacted on October 1, 2017, and shall
apply to fiscal years beginning with fiscal year 2018.

SEC. _22. 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:
``(n) Adjustment of Status for Employment Based
Immigrants.--
``(1) Petition.--Any alien, and any eligible dependent of
such alien, who has an approved petition for immigrant
status, may file an application with the Secretary of
Homeland Security for adjustment of status regardless of
whether an immigrant visa is immediately available at the
time the application is filed.
``(2) Supplemental fee.--If a visa is not immediately
available at the time an application is filed under paragraph
(1), the beneficiary of such application shall pay a
supplemental fee of $500, which shall be deposited into the
H-1B Nonimmigrant Petitioner Account established under
section 286(s). This fee shall not be collected from any
dependent accompanying or following to join such beneficiary.
``(3) Availability.--An application filed under this
subsection may not be approved until the date on which an
immigrant visa becomes available.''.
______