• the worker can obtain status by the time the remedy of reinstatement is ordered, or
• the worker lost employment-authorized status due to unlawful acts of the employer.

• be physically present in the U.S. on the date the alien submits an application for RPI status;
• have been physically present in the U.S. on or before December 31, 2011; and
• have maintained continuous physical presence in the U.S. from December 31, 2011, until the date the alien is granted status as a registered provisional immigrant under this section.

• DHS may extend the application period for 18 months.

• an explanation of how, when, and where the applicant entered the U.S.;
• the country in which the applicant resided before entering the U.S.; and
• other demographic information specified by DHS.
  • This collected information shall be provided anonymously on the application form and shall be subject to confidentiality protections.
  • DHS will submit a report to Congress that contains a summary of the statistical data collected.

• shall provide the alien with a reasonable opportunity to file an application for RPI status during the application period; and
• may not remove the alien until a final administrative determination is made on the application.

• is the spouse or child of a U.S. citizen or lawful permanent resident;
• is the parent of a child who is a U.S. citizen or lawful permanent resident;
• was younger than age 16 when initially entering the U.S. and has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, or has obtained a general education development certificate recognized under state law, or a high school equivalency diploma in the U.S.; or
• was younger than age 16 when initially entering the U.S., and is 16 years or older when applying for RPI status, and was physically present in the U.S. for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of S. 744.

• such alien is, or has become, ineligible for RPI status; or
• such alien’s RPI status has been revoked.

• DHS shall provide the alien with an opportunity to file for RPI status; and
• upon motion by DHS and with the consent of the alien or upon motion by the alien, EOIR shall:
  • terminate such proceedings without prejudice to future proceedings on any basis; and
  • provide the alien a reasonable opportunity to apply for such status.

• EOIR shall notify DHS of such determination; and
• if DHS does not dispute the determination of prima facie eligibility within 7 days after notification, the EOIR, upon consent of the alien, shall:
  • terminate such proceedings without prejudice to future proceedings on any basis; and
  • permit the alien a reasonable opportunity to apply for RPI status.

• the alien may apply for RPI status; and
• if granted such status, the alien shall file a motion to reopen the order, and the motion shall be granted unless one or more of the grounds of ineligibility is established by clear and convincing evidence.

• may receive advance parole to reenter the U.S. if urgent humanitarian circumstances compel such travel;
• may not be detained by DHS or removed from the U.S. unless DHS makes a prima facie determination that such alien is, or has become, ineligible for RPI status;
• shall not be considered unlawfully present; and
• shall not be considered an unauthorized alien.

• DHS shall provide an alternative procedure for RPI applicants who cannot provide the biometric data required because of a physical impairment.

• to conduct national security and law enforcement clearances; and
• to determine whether there are any national security or law enforcement factors that would render an alien ineligible for RPI status.

• shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;
• shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the U.S.;
• may be accepted during the period of its validity by an employer as evidence of employment authorization and identity;
• shall indicate that the alien is authorized to work in the U.S. for up to 3 years; and
• shall include such other features and information as may be prescribed by DHS.

• the procedures for applying for such status;
• the terms and conditions of such status; and
• the eligibility requirements for such status.

• have been regularly employed while in RPI status, and have been unemployed only “for brief periods lasting not more than 60 days”;
• not be likely to become a public charge under INA § 212(a)(4); or
• be able to demonstrate average income or resources that are not less than 100 percent of the federal poverty level throughout the period of admission;
• pass background checks equivalent to those described in INA § 245D(b)(1)(E); and
• have satisfied any federal tax liabilities.
• Enrollment in certain education and career training programs is acceptable in lieu of meeting the employment requirement.
• An applicant does not have to meet the employment or education requirement if he or she:
  • is younger than 21;
  • is older than 60;
  • possesses a physical or mental disability;
  • is on medical leave;
  • is on maternity leave;
  • is a primary caretaker; or
  • is unable to work due to circumstances outside the control of the applicant.
  • DHS may also waive employment or education requirements if the applicant demonstrates extreme hardship to himself or herself or to a spouse, parent, or child who is a U.S. citizen or a legal permanent resident (LPR).

• DHS shall establish a process for collecting payments that permits the penalty to be paid in periodic installments that must be completed before the alien may be granted an extension of status.

• the alien is in possession of:
  • a valid, unexpired documentary evidence of RPI status; or
  • a travel document, duly approved by DHS, that was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed;
• the alien’s absence from the U.S. did not exceed 180 days, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control;
• the alien meets the requirements for an extension; and
• the alien establishes that the alien is not inadmissible.

• is lawfully admitted to the United States; and
• may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

• no longer meets the eligibility requirements;
• knowingly used documentation issued as evidence of RPI status for an unlawful or fraudulent purpose;
• is convicted of fraudulently claiming or receiving a federal means-tested benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)) after being granted RPI status; or
• was absent from the U.S.:
  • for any single period longer than 180 days unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control; or
  • for more than 180 days in the aggregate during any calendar year, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control.

• submit additional evidence; or
• appear for an interview.

• is not entitled to the premium assistance tax credit authorized under § 36B of the Internal Revenue Code of 1986 for his or her coverage;
  • shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section;
• shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. § 18071); and
• shall be subject to the rules applicable to individuals not lawfully present set forth in § 5000A(d)(3) of the Internal Revenue Code of 1986.

• SSA may use information received from DHS to assign Social Security account numbers to such aliens and to administer the programs of the SSA. The SSA may maintain, use, and disclose such information only as permitted under § 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) and other applicable Federal laws.

• not have been continuously absent from the U.S. for more than 180 days in any calendar year;
• have been regularly employed while in RPI status, and only have been unemployed “for brief periods lasting not more than 60 days”; and
• not be likely to become a public charge under INA § 212(a)(4); or
• be able to demonstrate average income or resources that are not less than 125 percent of the federal poverty level throughout the period of admission.

• younger than 21;
• older than 65;
• possesses a physical or mental disability;
• on medical leave;
• on maternity leave;
• a primary caretaker; or
• unable to work due to circumstances outside the control of the applicant.

• Applicants with disabilities or over 70 years old are exempted from this requirement.

• Sections 201 and 203 of the INA set the worldwide levels and preference categories for immigrant visas available each year in the employment- and family-based categories.

• resided continuously within the U.S. for at least 3 years after being lawfully admitted for permanent residence;
• during the 3-year period immediately preceding such filing for naturalization, have been physically present in the U.S. for periods totaling at least 50 percent of such period; and
• resided within the state or in the jurisdiction of the USCIS field office in the U.S. in which the applicant filed such application for at least 3 months.

• has been in RPI status for 5 or more years;
• was younger than 16 when initially entering the U.S.;
• earned a high school diploma or equivalent, or a general education development certificate;
• acquired a degree from an institution of higher education or has completed at least 2 years in a program for a bachelor’s degree or higher (exemption available for compelling circumstances); or
• served in “Uniformed Services” for at least 4 years and, if discharged, received an honorable discharge.

• performed agricultural employment in the U.S. for not fewer than 575 hours or 100 work days during the 2-year period ending December 31, 2012; or
• is the spouse or child of such applicant and was physically present in the United States on or before December 31, 2012, and has maintained continuous presence in the U.S. from that date until the date on which the (principal) alien is granted blue card status, with the exception of absences from the U.S that are brief, casual, and innocent, whether or not such absences were authorized by DHS; and
• is not ineligible under paragraph (3) or (4) of INA § 245B(b) (other than a nonimmigrant alien admitted to the U.S. for agricultural employment in the H-2A program).

• not be excluded by certain immigration laws;
• submit biometric and biographic data;
• complete national security and law enforcement clearances;
• not have been convicted of a felony, 3 or more misdemeanors, or certain other crimes; and
• pay a DHS processing fee (in an amount to be determined later) and a $100 fine.

• the alien is, or has become, ineligible for BCS; or
• the alien’s BCS has been revoked.

• terminate such proceedings without prejudice to future proceedings on any basis; and
• provide the alien a reasonable opportunity to apply for such status; and
• if EOIR determines that an alien, during the application period is in removal, deportation, or exclusion proceedings before it and is prima facie eligible for BCS under this section:
  • EOIR shall notify DHS of such determination; and
  • if DHS does not dispute the determination of prima facie eligibility within 7 days after such notification, the EOIR, upon consent of the alien, shall terminate such proceedings without prejudice to future proceedings on any basis; and permit the alien a reasonable opportunity to apply for such status.

• the alien may apply for BCS; and
• if the alien is granted BCS, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, and the motion will be granted unless one or more of the grounds of ineligibility is established by clear and convincing evidence.
• The limitations on motions to reopen set forth in INA § 240(c)(7) shall not apply to motions filed under this clause.

• the alien may apply for BCS, and
• if granted BCS, the beneficiary shall file a motion to reopen the order, and the motion will be granted unless other grounds of excludability can be proven.

• may receive advance parole to reenter the U.S. if travel required for “urgent humanitarian circumstances”;
• may not be detained or removed from the U.S. unless DHS makes a prima facie determination that the applicant has become ineligible for BCS;
• shall not be considered “unlawfully present” in the U.S. under the INA; and
• shall not be considered an “unauthorized alien” under the INA.

• no longer meets the eligibility requirements for blue card status;
• knowingly used documentation for an unlawful or fraudulent purpose; or
• was absent from the U.S. for:
  • any single period longer than 180 days or
  • for more than 180 days in the aggregate during any calendar year, unless due to extenuating circumstances.

• are not entitled to the premium assistance tax credit under § 36B of IRS code of 1986 and are treated as not lawfully present under subsection (e);
• are subject to the rules applicable to individuals who are not lawfully present under § 1402(e) of the Patient Protection and Affordable Care Act; and
• shall be subject to the rules applicable to individuals not lawfully present set forth in § 5000A(d)(3) of the Internal Revenue Code of 1986.

• during the 8-year period beginning on the date of enactment, they performed not less than 100 work days of agricultural employment during each of 5 years; or
• during the 5-year period beginning on the date of enactment, they performed not less than 150 work days of agricultural employment during each of 3 years.

• pregnancy, disabling injury, or disease;
• illness, disease, or other special needs of a child;
• severe weather conditions that prevented agricultural employment for a significant period of time; or
• termination from agricultural employment, if the termination was without just cause and applicant was unable to find alternative agricultural employment after a reasonable job search.

• Under current law, LSC-funded organizations are prevented from providing legal assistance to most noncitizens, with a notable exception of nonimmigrant farmworkers admitted with H-2A visas.

• seek remedial action, including injunctive relief;
• recover damages; and
• ensure compliance with the section.

• No person shall intimidate, threaten, restrain, coerce, discharge, or in any other manner discriminate or retaliate against any worker or their family members (including a former employee or an applicant for employment) because such worker disclosed information to any person that the worker reasonably believes evidences a violation of this section (or any rule or regulation pertaining to this section), including seeking legal assistance of counsel or cooperating with an investigation or other proceeding concerning compliance with this section (or any rule or regulation pertaining to this section).

• activities related to recruiting, soliciting, transferring, providing, obtaining, or facilitating participation of individuals who reside outside the United States in an exchange visitor program including when such activity occurs wholly outside the United States.

• identity and address of sponsor;
• employer and foreign entities that may charge fees;
• terms and conditions of employment; copy of the agreement between sponsor, exchange visitor and employer;
• permitted charges and deductions; and
• existence of any labor organizing effort, collective bargaining agreement (CBA), strike, lockout or other labor dispute at the employer’s workplace.

• materially misrepresented a fact;
• committed any felony under state or federal law;
• committed certain violent crimes; or
• committed crimes related to gambling or alcohol in connection with or incident to any recruitment activities.

• DOS must post the identity of sponsors on its website.
• The identity of foreign entities in each foreign country must be publicly available on the websites of U.S. embassies in those countries.

• Court-ordered relief may include injunctive relief, damages, attorney’s fees, and other remedies.
• There is a statute of limitations: An action must be filed within 3 years of the date the exchange visitor became aware of the violation, and not more than 5 years after the date the violation occurred.

• multiple violations of a single provision shall only constitute one violation; and
• in the case of a class action, the court may award:
  • damages up to an amount equal to the amount of actual damages;
  • statutory damages of not more than the lesser of up to $1,000 per class member per violation, or up to $500,000;
  • other equitable relief;
  • reasonable attorneys’ fees and costs; and
  • such other and further relief, including declaratory and injunctive relief, as necessary to effectuate the purposes of this subtitle.

• No person shall intimidate, threaten, restrain, coerce, discharge, or in any other manner discriminate or retaliate against any exchange visitor or his or her family members (including a former exchange visitor or an applicant for employment) because such exchange visitor disclosed information to any person that the exchange visitor reasonably believes evidences a violation of this section (or any rule or regulation pertaining to this section), including speaking with a worker organization, seeking legal assistance of counsel, or cooperating with an investigation or other proceeding concerning compliance with this section (or any regulation pertaining to this section).

• summer work travel;
• trainees and interns;
• camp counselors;
• au pairs; and
• teachers.

• the format of the report will be designated by DOS;
• the report will be paid for by the sponsor; and
• the report will not be conducted more frequently than biannually.

• summary data on the number of exchange visitors and countries participating in that category;
• public diplomacy outcomes; and
• recent sanctions imposed by DOS.

• A W-3 visa for agricultural work to be performed by a “contract agricultural worker” with a written contract that specifies the wages, benefits, and working conditions of such full-time employment in an agricultural occupation with a “designated agricultural employer” for a specified period of time; and
• A W-4 visa for agricultural workers who have an offer of full-time employment in an agricultural occupation and who will work on an “at-will” basis with a designated agricultural employer.

• a demonstrated shortage of agricultural workers;
• the level of unemployment and underemployment of agricultural workers during the preceding fiscal year;
• the number of applications for blue card status;
• the number of blue card visa applications approved;
• the number of nonimmigrant agricultural workers sought by employers during the preceding fiscal year;
• the estimated number of U.S. workers, including blue card workers, who worked in agriculture during the preceding fiscal year;
• the number of nonimmigrant agricultural workers issued a visa in the most recent fiscal year who remain in the U.S. in compliance with the terms of their visas;
• the number of U.S. workers who accepted jobs offered by employers using the Electronic Job Registry during the preceding fiscal year;
• any growth or contraction of the U.S. agricultural industry that has increased or decreased the demand for agricultural workers; and
• any changes in the real wages paid to agricultural workers in the U.S. indicating a shortage or surplus of agricultural labor.

• returns to a residence outside the U.S. for 3 months; and
• seeks to reenter the U.S. under the terms of the program.

• after the completion of the contract with a DAE, the worker is not employed in agricultural employment by a DAE; or
• as an at-will worker, the worker is not continuously employed by a DAE in agricultural employment as an at-will agricultural worker.

• A waiver of this requirement is available if unemployment lasts more than 60 days due to injury or natural disaster.

• If a contract worker voluntarily abandons employment or is terminated for cause, the worker:
  • may not accept subsequent employment without departing the U.S. and reentering with a new offer of employment; and
  • is not entitled to the 75 percent payment guarantee.

• Employers must keep a record of all eligible, able, willing, and qualified U.S. workers who apply for agricultural employment for those positions.

• However, the employer may offer the job to a nonimmigrant agricultural worker instead of an alien in blue card status (BCS) if the worker:
  • was previously employed by the employer as an H–2A worker;
  • worked for the employer for 3 years during the most recent 4-year period; and
  • the employer will pay the worker the adverse-effect wage rate under subsection (f)(5)(b) of this section.

• may terminate the worker’s employment;
• shall fulfill the employment guarantee for the work days that have elapsed from the first work day to the termination of employment;
• shall make efforts to transfer the worker to other comparable employment acceptable to the worker; and
• if such a transfer does not take place, shall provide return transportation.

• If the employer arranges for the worker public housing that requires direct payment, the employer shall pay the landlord directly.
• An allowance can only be given to contract workers if the governor of the state certifies adequate housing is available in the area of employment.

• The amount of reimbursement provided to the worker shall not exceed the lesser of:
  • the actual cost to the worker of the transportation and subsistence involved; or
  • the most economical and reasonable common carrier transportation charges and subsistence costs for the distance involved.

• First-Line Supervisors of Farming, Fishing, and Forestry Workers (45–1011).
• Animal Breeders (45–2021).
• Graders and Sorters, Agricultural Products (45–2041).
• Agricultural Equipment Operator (45–2091).
• Farmworkers and Laborers, Crop, Nursery, and Greenhouse (45–2092).
• Farmworkers, Farm, Ranch and Aquacultural Animals (45–2093).
  • Classifications apply if the worker performed activities in the occupation for at least 75 percent of the time in a semiannual employment period.

by an amount equal to:

• 1.5 percent, if the percentage increase in the Employment Cost Index for wages and salaries during the previous calendar year, as calculated by the Bureau of Labor Statistics (BLS), is less than 1.5 percent; or
• the percentage increase in the Employment Cost Index, if such percentage increase is between 1.5 percent and 2.5 percent; or
• 2.5 percent, if the percentage increase in the Employment Cost Index is greater than 2.5 percent.

• sheep herding and goat herding;
• itinerant commercial beekeeping and pollination;
• open range production of livestock;
• itinerant animal shearing; and
• custom combining industries.

If a nonimmigrant agricultural worker files a complaint under § 504 of the AWPA, not later than 60 days after the filing, a party to the action may file a request to FMCS to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute.

• Upon filing the request and giving of notice to the parties, the parties shall attempt mediation within a 90-day period.
• The FMCS may conduct mediation or other nonbinding dispute resolution activities for a period not to exceed 90 days beginning on the date on which it receives a request for assistance unless the parties agree to an extension of such period.
  • $500,000 is appropriated to the FMCS for each fiscal year to carry out these activities.
  • The Director of the FMCS is authorized to conduct the mediation or other dispute resolution activities from any other account containing amounts available to the Director; and to reimburse such account with the appropriated amounts.

• DOL may impose administrative remedies (including civil money penalties in an amount not to exceed $15,000 per violation) as DOL determines to be appropriate; and
• USDA may disqualify the DAE for 3 years.

• has disclosed information to the employer, or to any other person, that the employee reasonably believes shows a violation; or
• cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer’s compliance with any rule or regulation under this section.

• “a usual academic activity or activities” at an institution of higher education or nonprofit or governmental research organization; or
• for “performance, appearance and participation in United States based programming” with a media entity.

• An alien in a “dual intent” nonimmigrant category may be the beneficiary of an immigrant petition without prejudicing the acquisition or maintenance of his or her nonimmigrant status.

• Many of these visa categories are already considered dual-intent, but the INA and applicable federal regulations may be silent or unclear on the matter.

• have at least a high school education or its equivalent, and
• have at least 2 years of work experience in an occupation which requires at least 2 years of training or experience, in the last 5 years, and
• are from a sub-Saharan African country under § 104 of the African Growth and Opportunity Act or a country designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act.

• the worker has at least a high school education or its equivalent, or
• within 5 years, has at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.

• The E-3 visa for Irish nationals is distinct from the E-3 for Australians, who must possess a bachelor’s degree.

• As a result, if the maximum of 66,000 visas is reached in 2013, during 2014-2018, the number of H-2B visas granted could be as many as 132,000 (but the number granted could only reach 132,000 if the annual cap is reached and if every H-2B worker granted a visa in 2013 reapplies and is granted a visa).

• an applicable Davis-Bacon or Service Contract Act wage, or the wage of a controlling collective bargaining agreement;
• the arithmetic mean (average) wage in the occupation and local area; or
• an approved private survey.

• the actual wage level paid by the employer to other employees with similar experience and qualifications for the position; or
• the prevailing wage level for the occupational classification of the position in the geographic area of the employment, based on the best information available at the time of filing the application.
• “Best information available” means:
  • a controlling collective bargaining agreement or federal contract wage, if applicable;
  • if there is no applicable wage paid to other similarly situated employees, the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics (BLS) data; or
  • if BLS data are not available, a legitimate and recent private survey of the wages paid for such positions in the metropolitan statistical area.

• the place of recruitment to the place of the nonimmigrant’s employment; and
• the place of employment to the nonimmigrant’s place of permanent residence or a subsequent worksite.

• advertising at employment or job-placement events, such as job fairs;
• placing the job opportunity with the SWA and working with SWA to identify qualified and available U.S. workers;
• advertising in appropriate media, including local radio stations and commonly used, reputable Internet job-search sites; and
• such other recruitment efforts as the SWA considers appropriate for the sector or positions for which H–2B nonimmigrants would be considered.

• the employer has complied with all the additional recruitment requirements and that there is legitimate demand for the employment of H–2B nonimmigrants in each of those states; or
• the employer has amended the application by removing or making appropriate modifications with respect to the states in which the recruitment/legitimate demand criteria have not been met.
• The report must make a formal determination that nationals of the U.S. are not qualified or available to fill the employment opportunities offered by the employer.

• Level 1 is “the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed.”
• Level 2 is “the mean of wages surveyed” (average wage of all workers in an occupation in a local area).
• Level 3 is “the mean of the highest two-thirds of wages surveyed.”

• offer each H-1B nonimmigrant a wage that is not less than the Level 2 wage level; and
• provide working conditions for H-1B nonimmigrants that will not adversely affect the working conditions of other workers similarly employed.

• All H-1B employers must post job openings online for 30 days on a newly created DOL website;
• all employers must conduct “good faith recruitment” of U.S. workers (currently, only “H-1B dependent” employers must attest to conducting good faith recruitment of U.S. workers); and
• if the employer is an H-1B “skilled worker dependent employer” (a newly created classification meaning that 15% or more of an employer’s employees in Occupational Information Network Database Job Zone 4 and 5 occupations possess H-1B visas), the employer must offer the job to any equally or better-qualified U.S. worker who applies.

• the employer is filing the H–1B petition with the intent or purpose of displacing a specific U. S. worker from the position to be occupied by the beneficiary of the petition; or
• workers are displaced who:
  • provide services, in whole or in part, at one or more worksites owned, operated, or controlled by a federal, state, or local government entity, other than a public institution of higher education, that directs and controls the work of the H–1B worker; or
  • are employed as public school kindergarten, elementary, middle school, or secondary school teachers.

• an employer (other than nonprofit education and research institutions) that employs H-1B nonimmigrants in the U.S. in a number that in total is equal to at least 15 percent of the number of its full-time equivalent employees in the U.S. employed in occupations contained within Occupational Information Network Database (O*NET) Job Zones 4 and 5.
• “Intending immigrants” shall not count toward the H-1B skilled worker dependent calculation.

• a pending or approved application for a labor certification filed by a covered employer; or
• a pending or approved immigrant status petition filed by a covered employer.
  • A “covered employer” is: an employer that has filed immigrant status petitions for not less than 90 percent of current employees who were the beneficiaries of applications for labor certification that were approved during the 1-year period ending 6 months before the filing of an application or petition for which the number of intending immigrants is relevant.

• such position is only available to an individual who is or will be an H–1B nonimmigrant or an alien participating in optional practical training (OPT) through the F-1 visa program for international students; or
• an individual who is or will be an H–1B nonimmigrant or participant in such OPT will receive priority or a preference in the hiring process for such position.

• 75 percent of the total number of employees, for fiscal year 2015;
• 65 percent of the total number of employees, for fiscal year 2016; and
• 50 percent of the total number of employees, for each fiscal year after fiscal year 2016.

• 501(c)(3) nonprofit educational and research employers are exempt from these limits.
• Under a newly created requirement, employers must submit to DHS an annual report that includes the IRS W–2 tax form filed by the employer for each H–1B nonimmigrant employed by the employer during the previous year.

• conduct annual compliance audits of each employer with more than 100 employees who work in the U.S. if more than 15 percent of employees are H–1B nonimmigrants; and
• make an executive summary or report describing the general findings of the audits available to the public.

• New employer liability: an employer is liable for lost wages and benefits to any employee harmed by those LCA violations.

• New employer liability: an employer is liable for lost wages and benefits to any employee harmed by those LCA violations.

• Administrative remedies are mandatory (versus discretionary under current law).
• New employer liability: an employer is liable for lost wages and benefits to any employee harmed by those LCA violations.

• Violation of this section is subject to a (newly created) $2,000 fine.

• DOL may initiate and conduct an investigation after receiving information about noncompliance.
• This section does not prevent DOL from taking actions related to wage and hour and workplace safety laws.

• a brochure outlining the obligations of the applicant’s employer and the rights of the applicant with regard to employment under federal law, including labor and wage protections; and
• the contact information for appropriate federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights.

• The employer may redact any financial or proprietary information.

• The report must analyze the accuracy and effectiveness of the Secretary of Labor’s current job classification and wage determination system.
• The report shall:
  • specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences; and
  • make recommendations concerning necessary updates and modifications.

• For each fiscal year beginning in fiscal year 2015, $5,000 for applicants that employ 50 or more employees in the U.S. and more than 30 percent, but less than 50 percent of the applicant’s employees are H–1B or L nonimmigrants.
• For each of the fiscal years 2015 through 2017, $10,000 for applicants that employ 50 or more employees in the U.S. and more than 50 percent, but less than 75 percent of the applicant’s employees are H–1B or L nonimmigrants.

• the H-1C annual visa cap is reduced from 500 to 300, and
• an additional 3-year extension of validity period is added; making a total of 6 years permitted (up from the current maximum of 3 years).

• the L-1 beneficiary will not be controlled or supervised principally by the subsequent employer; and
• the placement is not essentially a labor for hire arrangement.

• Some cooperation between DHS and DOS on this already exists and it is not clear what types of additional “cooperation” this section would require.

• 75 percent of the total number of employees, for fiscal year 2015;
• 65 percent of the total number of employees, for fiscal year 2016; and
• 50 percent of the total number of employees, for each fiscal year after fiscal year 2016.

• Current law requires a $500 antifraud fee (for all petitions), and if an employer has 50 or more employees in the U.S. and more than 50 percent of its U.S. employees have H-1B, L-1A or L-1B nonimmigrant status, an additional fee of $2,000 is required for H-1B petitions and $2,250 for L-1A and L-1B petitions.

• For each fiscal year beginning in 2014, $5,000 per L visa applicant if:
  • the employer has 50 or more employees in the U.S., and if
  • more than 30 percent but less than 50 percent of the employees are H-1B or L nonimmigrants.
• For each of the fiscal years 2014 through 2017, $10,000 per L visa applicant if:
  • the employer has 50 or more employees in the U.S., and if
  • more than 50 percent but less than 75 percent of the employees are H-1B or L nonimmigrants.
• “Intending immigrants” are not counted as H-1B or L visa employees for the purposes of this determination.

• The notice required shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation begins.
• DHS is not required to comply with this clause if it determines that to do so would interfere with an effort to investigate or secure compliance by the employer.

• An employer found in violation is prohibited from employing L-1 nonimmigrants for at least one year; and
• the employer shall be liable to the employees harmed for lost wages and benefits.

• An employer found in violation is prohibited from employing L-1 nonimmigrants for at least 2 years; and
• the employer shall be liable to the employees harmed for lost wages and benefits.

• discloses information the employee reasonably believes is evidence a violation of L-1 rules; or
• cooperates or seeks to cooperate with an investigation of alleged noncompliance with L-1 rules.

• beneficiaries are eligible for work authorization (same as current law), and
• visa validity ends 30 days after a denial of an immigrant visa petition or adjustment of status application.

• not be authorized to work;
• have admission limited to 60 days per fiscal year;
• cannot earn points for a merit-based visa while in this status.

• is not inadmissible under the INA;
• passes a criminal background check;
• agrees to accept only registered positions in the U.S.; and
• meets other criteria as established by the DHS.

• documentation to establish that the employer is a bona-fide employer;
• the employer’s federal tax ID number; and
• the number of W-1 nonimmigrants the employer estimates it will employ annually.

• submitted an application that knowingly misrepresented a material fact, made a fraudulent statement, or failed to comply with the terms of such attestations;
• failed to cooperate in the audit process;
• had been convicted of a trafficking offense;
• had within 2 years prior to the date of the application:
  • committed any hazardous occupation orders violation resulting in injury or death under the child labor provisions;
  • been assessed a civil money penalty for any repeated or willful violation of minimum wage provisions; or
  • incurred a civil money penalty for any willful violation of overtime provisions;
• had within 2 years prior to the date of application received a final adjudication for a willful violation or repeated serious violations involving injury or death:
  • under § 5 of the Occupational Health and Safety (OSH) Act of 1970;
  • of any standard, rule, or order promulgated pursuant to § 6 of the OSH Act of 1970; or
  • of a plan approved under § 18 of the OSH Act of 1970.

• However any employer convicted of any human trafficking offense under state or territorial law shall be permanently ineligible to be a registered employer.

• the number of full-time equivalent employees of the employer;
• the occupational category, as classified by DOL, for which the registered position is sought;
• whether the occupation for which the registered position is sought is a shortage occupation;
• paying the required wage level, which will be the greater of:
  • the actual wage level paid by the employer to other employees with similar experience and qualifications for the position; or
  • the prevailing wage level for the occupational classification of the position in the MSA of the employment, as determined by the Secretary, based on the best information available at the time of filing the application.
• that the working conditions of W-1 nonimmigrants will not adversely affect the working conditions of other workers employed in similar positions;
• that the employer has carried out the required recruiting activities; that there is no qualified U.S. worker who has applied for the position and who is ready, willing, and able to fill the position;
• that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupation at the place of employment at which the W-1 nonimmigrant will be employed (if such strike, lockout, or work stoppage occurs following submission of the application, the employer will provide notification in accordance with all applicable regulations); and
• that the employer has not laid off and will not lay off a U.S. worker during the period beginning 90 days prior to and ending 90 days after the date the employer files an application, unless the employer has notified such U.S. worker of the position and documented the legitimate reasons that such U.S. worker is not qualified or available for the position.
  • A U.S. worker is not considered to be “laid off” for the purposes of this provision, if at the time such worker’s employment is terminated, the worker is not employed in the same occupation and in the same MSA where the registered position is located.

• a controlling collective bargaining agreement (CBA) or federal contract wage, if applicable;
• if there is no applicable wage CBA or federal contract wage, the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics (BLS) data; or
• if no BLS-determined wage is available, a legitimate and recent private survey of the wages paid for such positions in the MSA.

• State workforce agencies (SWA) shall be linked to the registry and provide access to it through the website maintained by the SWA.
• Each position will be available for viewing on the registry as long as it is validly registered.
• The registry will indicate if each registered position is filled or unfilled.
• If a W-1 nonimmigrant’s employment in a registered position ends, the registry must post the position for 10 calendar days, noting that it is unfilled (unless the job is filled by a U.S. worker before the end of the 10-day period).

• An occupation is excluded if the Occupational Outlook Handbook published by BLS (or a similar successor publication) classifies the occupation as requiring a bachelor’s degree or higher level of education; or if the occupation is in the field of computer operation, computer programming, or computer repair.

• a fee of $1,750 if the employer is a small business (defined as 25 or fewer full-time equivalent employees) and more than 50 percent but less than 75 percent of the employees are not U.S. workers;
• a fee of $3,500 if the employer is a small business and more than 75 percent of the employees of the registered employer are not U.S. workers; or
• a fee of $3,500 if the employer is not a small business and more than 15 percent but less than 30 percent of the employees are not U.S. workers.

• the commissioner has identified the eligible occupation as a shortage occupation; or
• DHS approves the registered position under the special allocation provisions.

• on the Internet website maintained by the DOL for the purpose of such advertising;
• with the SWA where the position will be located; and
• except as provided for in certain situations, carries out not less than 3 of the described recruiting activities.
• The 30-day periods required on DOL and SWA websites may occur at the same time.

• advertising such position at job fairs;
• advertising such position on the employer’s external website;
• advertising such position on job search websites
• advertising such position using presentations or postings at vocational, career technical schools, community colleges, high schools, or other educational or training sites;
• posting such position with trade associations;
• utilizing a search firm to seek applicants for such position;
• advertising such position through recruitment programs with placement offices at vocational schools, career technical schools, community colleges, high schools, or other educational or training sites;
• advertising such position through advertising or postings with local libraries, journals, or newspapers;
• seeking a candidate for such position through an employee referral program with incentives;
• advertising such position on radio or television;
• advertising such position through advertising, postings, or presentations with newspapers, websites, job fairs, or community events targeted to constituencies designed to increase employee diversity;
• advertising such position through career day presentations at local high schools or community organizations;
• providing in-house training;
• providing third-party training;
• advertising such position through recruitment, educational, or other cooperative programs offered by the employer and a local economic development authority;
• advertising such position twice in the Sunday advertisements in the primary daily circulation newspaper in the area; and/or
• any other recruitment activities determined to be appropriate to be added by the commissioner of the bureau.

• the number of registered positions that registered employers applied to have approved for the preceding year minus the number of registered positions approved for the preceding year; divided by the number of registered positions approved for the preceding year (20 percent weight);
• the number of registered positions the commissioner recommends be available for the current year minus the number of registered positions available for the preceding year; divided by the number of registered positions available for the preceding year (20 percent weight);
• the number of unemployed U.S. workers for the preceding year minus the number of unemployed U.S. workers for the current year; divided by the number of unemployed U.S. workers for the preceding year (30 percent weight); and
• the number of job openings as set out in the Job Openings and Labor Turnover Survey (JOLTS) of the BLS for the current year minus such number of job openings for the preceding year; divided by the number of such job openings for the preceding year (30 percent weight).

• During the second, third, and fourth months of each 6-month period, one-third of the number of registered positions allocated for such period shall be approved only for a registered employer that is a small business.
• Any such registered positions not approved for small businesses during these months shall be available for any registered employer during the last 2 months of the 6-month period.

• The number of registered positions granted to perform work in a construction occupation may not exceed 15,000 in any year and 7,500 for any 6-month period.

• The unemployment rate shall be determined using the most recent survey taken by the bureau; or if a survey by the bureau is not available, using a recent and legitimate private survey.

• the maximum number of registered positions available have been approved for the year and none remains available; or
• a registered employer is located in an MSA that has an unemployment rate that is more than 8.5 percent as reported in the most recent month preceding the date that the application is submitted.

• The registered employer must have carried out at least 7 of the recruiting activities listed in the section.
• If an employer hires a W-1 nonimmigrant who is not an initial W-1 nonimmigrant entering the U.S. for initial employment, the employer must conduct only 3 of the recruitment activities listed in the section.
• Any registered employer registering any position under the special allocation authority must post the position, including the wage range, location, and initial date of employment, for not less than 30 days on the website maintained by DOL and with the SWA of the state where the position will be located.
• An initial W-1 nonimmigrant entering the U.S. for initial employment pursuant to a special allocation position may not be paid less than the greater of the Level 4 wage set out in the Foreign Labor Certification Data Center Online Wage Library (or similar successor website) maintained by DOL for such occupation in the MSA or the mean of the highest two-thirds of wages surveyed for the occupation in the MSA.
• Employers are not required to pay the higher wage level to workers who are already in W-1 nonimmigrant status.

• no person, including an employer or labor contractor and any persons who are affiliated with or contract with an employer or labor contractor, may treat a W-1 nonimmigrant as an independent contractor;
• however, this may not be construed to prevent registered employers who operate as independent contractors from employing W-1 nonimmigrants.

• discloses information to the employer or any other person that the employee or former employee reasonably believes demonstrates a violation of this section; or
• cooperates or seeks to cooperate in an investigation or other proceeding concerning compliance with the requirements of this section.

• the failure of a registered employer to meet a condition; or
• the layoff or nonhiring of a U.S. worker.

• No investigation or hearing shall be conducted on a complaint concerning a violation under this section unless the complaint was filed no later than 6 months after the date of such violation.
• DHS shall conduct an investigation under this subsection if there is reasonable basis to believe that a violation of this section has occurred.
• No later than 30 days after a complaint is filed, DHS shall determine if there is reasonable cause to find such a violation.
• No later than 60 days after DHS makes a determination of reasonable basis, DHS shall issue a notice to the interested parties and offer an opportunity for a hearing on the complaint, in accordance with § 556 of title 5, U.S. Code.
• No later than 60 days after the date of a hearing under this paragraph, DHS shall make a finding on the matter.

• to seek remedial action, including injunctive relief;
• to recover the damages; or
• to ensure compliance with provisions on retaliation and discrimination.

• back wages;
• benefits; and
• civil monetary penalties.

• a fine of no more than $2,000 per violation per affected worker and $4,000 per violation per affected worker for each subsequent violation;
• if the violation was willful, a fine of no more than $5,000 per violation per affected worker; and
• if the violation was willful and if in the course of such violation a U.S. worker was harmed, a fine of no more than $25,000 per violation per affected worker; or
• for knowingly failing to materially comply with the terms of representations made in petitions, applications, certifications, or attestations under this section:
  • a fine of no more than $4,000 per aggrieved worker; and
  • upon the occasion of a third offense of failure to comply with representations, a fine of no more than $5,000 per affected worker and designation as an ineligible employer, recruiter, or broker for purposes of any immigrant or nonimmigrant program.

• DHS, through USCIS, shall implement a new electronic monitoring system to monitor the presence and employment of W-1 nonimmigrants, including a requirement that registered employers update the system when W-1 nonimmigrants start and end employment in registered positions.
• The new system shall be modeled on the Student and Exchange Visitor Information System (SEVIS) and SEVIS II tracking system of U.S. Immigration and Customs Enforcement.
• The new system shall interact with the DOL job registry to ensure that DHS designates and updates approved registered positions as being filled or unfilled.

• in the preceding 3 years before applying for an X visa has been a qualified venture capitalist, a qualified super angel investor, a qualified government entity, a qualified community development financial institution, qualified startup accelerator, or such other type of entity or investors or combination thereof, and has made a qualified investment or combination of investments of no less than $100,000 in the applicant’s U.S. business entity; or
• in the preceding 3 years before applying for an X visa, has a U.S. business entity that created no fewer than 3 qualified jobs and during the 2-year period before the application has generated no less than $250,000 in annual revenue from business conducted in the U.S.

• qualified investments of no less than $250,000 in total; or
• creation of no fewer than 3 qualified jobs and no less than $250,000 in annual revenue in the past 2 years from business conducted in the U.S.

• if the level of visas is less than 75 percent of the number of applicants in a fiscal year, the cap will increase by 5 percent for the next fiscal year; and
• if the level of visas is equal to or more than 75 percent of visas in a fiscal year, the cap will remain the same the next fiscal year, minus any amount added for the recapture of unused visas from the previous year.

• two-thirds of unused Tier 1 visas are reserved for Tier 1, and the remaining one-third may be allocated to either Tier 1 or 2; and
• two-thirds of unused Tier 2 visas are reserved for Tier 2, and the remaining one-third may be allocated to either Tier 1 or 2.

• level of educational attainment;
• employment experience in the U.S.;
• current job or the existence of a job offer in a field related to the applicant’s education;
• entrepreneurship (defined as an applicant who is an entrepreneur in business that employs at least 2 employees in an O*NET Job Zone 4 or 5 occupation).
• current job or the existence of a job offer in a “high-demand” Tier 1 occupation (defined as 1 of the 5 occupations for which the highest number of nonimmigrants in the H-1B, H-1B1, and H-1C programs were sought to be admitted by employers during the previous fiscal year);
• English language skills;
• age;
• country of origin (specifically, if the applicant’s country of origin is one from which fewer than 50,000 nationals were lawfully admitted to permanent residence in the U.S. in the previous 5 years).

• employment experience in the U.S.;
• current job or the existence of a job offer in a “high-demand” Tier 2 occupation (defined as 1 of the 5 occupations for which the highest number of positions were sought to become registered positions by employers in the W-1 visa program during the previous fiscal year) or in a Zone 1, 2, or 3 occupation;
• status as a primary caregiver;
• record of “exceptional employment”, as determined by DHS (determined by factors including promotions, longevity, changes in occupations from a lower Job Zone to a higher Job Zone, participated in safety training, and increases in pay);
• civic involvement;
• demonstrated proficiency and knowledge of the English language;
• age; and
• country of origin (specifically, if the applicant’s country of origin is one from which fewer than 50,000 nationals were lawfully admitted to permanent residence in the U.S. in the previous 5 years).

• a beneficiary of a petition for an employment-based or family-based immigrant visa if the visa has not been issued within five years and if the petition was filed prior to enactment;
• a beneficiary of a petition for a married son or married daughter of a U.S. citizen, or for the brother or sister of a U.S. citizen, if the visa has not been issued within 5 years and was filed after enactment; or
• an individual not admitted to the U.S. in the new W visa program; and who has been lawfully present in the U.S. in a status that allows for continuous employment authorization for no less than 10 years.

• For FY 2015–2021, the number of visas each year is equal to one-seventh of the number of employment-based petitions filed prior to enactment that have been pending for at least 5 years.

• Visa petitions for status as the spouse or child of an LPR are converted to petitions for status as “immediate relatives” (the immediate relative category is not subject to an annual numerical limit).
• For FY 2015–2021 the number of visas will be one-seventh of the number of family-based petitions that have been pending for 5 years and filed prior to enactment, minus the number of spouses and children of LPRs (which are converted to the “immediate relative” category on the date of enactment).
• In FY 2022, visas shall be allocated in a number equal to one-half the number of beneficiaries of petitions in immigrant categories for married children of U.S. citizens and siblings of adult U.S. citizens, whose visas had not been issued by October 1, 2021.
• In FY 2023, visas shall be allocated in a number equal to one-half the number of beneficiaries of petitions in immigrant categories for married children of U.S. citizens and siblings of adult U.S. citizens, whose visas had not been issued by October 1, 2022.
• Family-based petitions filed before enactment and not issued within 5 years shall be issued without per-country limits and according to preference in INA § 203(a).

• At present, the annual limit of 55,000 is temporarily reduced by 5,000 by the Nicaraguan and Central American Relief Act, P.L. 105-100 (1997).

• Employment-based (EB) visas in existing preference categories in each fiscal year after FY 2015 are equal to 140,000 plus unused family-based visas from previous fiscal year.
• Employment-based visas in FY 2015 are equal to 140,000 plus unused family-based visas from the previous fiscal year and the number of unused employment-based visas from FY 1992 to 2013, as of the day before the date of the enactment.

• Family-based visas in each fiscal year after FY 2015 are equal to 480,000 minus the number of visas granted in the immediate relative category, and unused employment-based visas from the previous fiscal year.
• Family-based visas in FY 2015 are equal to 480,000 minus the number of visas granted in the immediate relative category, and unused employment-based visas from the previous fiscal year, and unused family-based visas from FY 1992 to 2013.

• a child (under 21 years old) or spouse of an alien lawfully admitted for permanent residence; and
• a child (under 21 years old) or spouse of an alien lawfully admitted for permanent residence who is accompanying or following to join the alien; as well as a child or a spouse of the accompanying alien.

• the date their petition has been approved; or
• a date determined by DHS that is no later than 180 days after filing the petition.

• The annual limit on permanent resident visas for adult (21 years of age or older) unmarried sons and unmarried daughters of U.S. citizens is raised from 23,400 to maximum of 56,530 (or 35 percent of worldwide level).
• The annual limit on permanent resident visas for adult married sons or married daughters of U.S. citizens, who are 31 years of age or younger at the time of filing is a maximum of 40,250 (or 25 percent of worldwide level). (Under current law the limit is 23,400 and applies to all married sons or daughters, S. 744 caps the age at 31).
• The annual limit of 26,220 permanent resident visas for unmarried sons and daughters of LPRs is changed to a maximum of 40 percent of worldwide levels, plus any visas not used for the unmarried sons and daughters of U.S. citizens.

• derivative beneficiaries (spouses and children) of employment-based immigrants;
• aliens with extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim;
• aliens who are outstanding professors and researchers;
• aliens who are multinational executives and managers;
• aliens who have earned a doctorate degree from an institution of higher education in the U.S. or the foreign equivalent (a newly created category);
• alien physicians who have completed the foreign residency requirements under § 212(e) or obtained a waiver of these requirements or an exemption requested by an interested state agency or by an interested federal agency under § 214(l), including those alien physicians who completed such service before the date of the enactment of S. 744.

• To qualify for a STEM immigrant visa, the alien applicant must have:
  • earned the degree from a U.S. institution of higher education in a STEM field that is included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, biological and biomedical sciences, and physical sciences;
  • an offer of employment from a U.S. employer in a field related to such degree; and
  • earned the qualifying graduate degree during the 5-year period immediately before the initial filing date of the petition.
• For the purposes of this section, a “U.S. institution of higher education” means:
  • an institution described in § 101(a) of the Higher Education Act of 1965 or a proprietary institution of higher education (as defined in § 102(b) of such act);
  • an institution:
    • classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity; or
    • classified by the National Science Foundation after the date of enactment of this subparagraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; and
  • is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation.

• alien physicians holding foreign medical degrees that have been deemed sufficient for acceptance by an accredited U.S. medical residency or fellowship program (current law permits alien physicians working in shortage areas or veterans facilities); and
• prospective employees working in a research capacity for federal national security, science, and technology laboratories, centers, and agencies, if they have been lawfully present in the U.S. for 2 years prior to employment (unless DHS waives the presence requirement at the employer’s request).

• The first employment-based preference category (EB-1) will no longer be subject to the annual numerical limit. Under current law, the EB-1 cap is 28.6 percent (40,040) of all employment-based visas.
• The numerical limit in the EB-2 category is increased from 28.6 percent of all employment-based visas (40,040) to 40 percent (56,000).
• The numerical limit in the EB-3 category for “Skilled workers, professionals, and other workers” is increased from 28.6 percent of all employment-based visas (40,040) to 40 percent (56,000).
• The numerical limit in the EB-4 category for “Certain Special Immigrants” is increased from 7.1 percent of all employment-based visas 9,940) to 10 percent (14,000).
• The numerical limit in the EB-5 category for “Employment Creation” is increased from 7.1 percent of all employment-based visas (9,940) to 10 percent (14,000).

• a new fee for premium processing of employment-based immigrant petitions; and
• a new fee for premium processing of an administrative appeal of any decision on a permanent employment-based immigrant petition.

• Even if an employer withdraws an approved petition in either the EB-1, EB-2, or EB-3 category, the petition shall remain valid with respect to a new job if:
  • the beneficiary changes jobs or employers after the petition is approved; and
  • the new job is in the same or a similar occupational classification as the job for which the petition was approved.
• The employer’s legal obligations with respect to the petition terminates at the time the beneficiary changes jobs or employers.

• If a visa is not immediately available at the time an application is filed, the beneficiary of the application must pay a supplemental fee of $500, which shall be deposited in a newly established STEM Education and Training Account. The fee shall not be collected from any dependent accompanying or following to join the beneficiary.
• An application filed pursuant to this section may not be approved until the date on which an immigrant visa becomes available.

• have a significant ownership interest in a U.S. business entity;
• be employed in a senior executive position of such U.S. business entity;
• submit a business plan to USCIS; and
• have had a substantial role in the founding or early-stage growth and development of such U.S. business entity.

• The alien has maintained valid nonimmigrant status in the U.S. for at least 2 years; and
• during the 3-year period ending on the date the alien files an initial petition:
  • the alien has a significant ownership in a U.S. business entity that has created no fewer than 5 qualified jobs; and has received a qualified investment or combination of qualified investments of not less than $500,000; or
  • the alien has a significant ownership interest in a U.S. business entity that has created no fewer than 5 qualified jobs; and generated no less than $750,000 in annual revenue within the U.S. in the two years prior to filing; and no more than 2 other aliens have received nonimmigrant status under this section on the basis of an alien’s ownership of such U.S. business entity.
• The alien has maintained valid nonimmigrant status in the U.S. for at least 3 years prior to the date of filing an application for such status;
• The alien holds an advanced degree in a STEM field; and during the 3-year period ending on the date the alien files an initial petition:
  • the alien has a significant ownership interest in a U.S. business entity that has created no fewer than 4 qualified jobs; and has received a qualified investment or combination of qualified investments of not less than $500,000 in total to the alien’s U.S. business entity; or
  • the alien has a significant ownership interest in a U.S. business entity that has created no fewer than 3 qualified jobs; and during the 2-year period ending on such date has generated not less than $500,000 in annual revenue within the U.S.; and no more than 3 other aliens have received nonimmigrant status under this section on the basis of an alien’s ownership of such U.S. business entity.

• the business is located in the U.S.;
• the position has been filled for at least 2 years by an individual who is not the qualified entrepreneur or the spouse, son, or daughter of the qualified entrepreneur; and
• the position pays a wage that is not less than 250 percent of the federal minimum wage.

• 90 days after receiving a waiver of the 2-year foreign residence requirement;
• 90 days after completing graduate medical education or training under a program approved pursuant to INA § 212(j)(1), or
• 90 days after receiving nonimmigrant status or employment authorization,
  • provided that the alien or the alien’s employer petitions for such nonimmigrant status or employment authorization within 90 days of completing graduate medical education or training, and
  • the alien agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection.

• The physician-petitioner will be authorized to work for the subsequent employer on the date the new waiver application is filed with the state until DHS either denies the waiver or issues employment authorization pursuant to approval of the waiver.

• specify the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time;
• specify whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided;
• describe all of the work locations where the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the federal agency or state agency that requested the waiver; and
• not include a noncompete provision.

• has 120 days, beginning on the date of such termination of employment, to submit to DHS an application or petition to begin employment with another contracting health facility or health care organization in a geographic area or areas which are designated by Health and Human Services as having a shortage of health care professionals;
• shall be considered to be maintaining lawful status in an authorized stay during the 120-day period; and
• shall not be considered to be fulfilling the required 3-year term of service during the 120-day period.

• When this allocation increase has occurred, all states shall be allotted an additional 5 waivers for each subsequent fiscal year if 90 percent of the waivers available to the states receiving at least 5 waivers were used in the previous fiscal year.
• If the states are allotted 45 or more waivers for a fiscal year, the states will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the states receiving at least one waiver were used in the previous fiscal year.

• the number of waivers allotted shall be decreased by 5 for all states beginning in the next fiscal year; and
• each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all states, provided that the number of waivers allotted for all states does not drop below 30.

• are in emerging or in-demand occupations in the local workforce investment area; or
• are in the public or nonprofit sector and meet community needs; and
• link participants in year-round employment opportunities to training and educational activities that will provide participants with an industry-recognized certificate or credential.

• an employment-based immigrant visa In the EB-3, EB-4, EB-5, or EB-6 preference categories; and
• a nonimmigrant visa in the C, H-1B, H-1C, H-2A, H-2B, O, P, R, and W visa programs.