text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Skilled Worker 
  Immigration and Fairness Act''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title; table of contents.
  Sec. 2. H-1B visas.
  Sec. 3. Employment-based immigration.
  Sec. 4. H-1B visa fraud and abuse protections.
  
  SEC. 2. H-1B VISAS.
  
      (a) Exemptions to Numerical Limitations.--
              (1) In general.--Section 214(g)(5) of the Immigration and 
          Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
                      (A) in subparagraph (C), by striking ``until the 
                  number of aliens who are exempted from such numerical 
                  limitation during such year exceeds 20,000.'' and 
                  inserting ``or has been awarded a medical specialty 
                  certification based on post-doctoral training and 
                  experience in the United States; or''; and
                      (B) by adding at the end the following:
                      ``(D) has earned a masters or higher degree in 
                  science, technology, engineering, or mathematics from 
                  an institution of higher education outside of the 
                  United States.''.
              (2) Applicability.--The amendments made by paragraph (1) 
          shall apply to--
                      (A) any petition or visa application pending on the 
                  date of the enactment of this Act; and
                      (B) any petition or visa application filed on or 
                  after such date.
      (b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C. 
  1184(g)), as amended by subsection (a), is further amended--
              (1) in paragraph (1)--
                      (A) in the matter preceding subparagraph (A), by 
                  striking ``(beginning with fiscal year 1992)''; and
                      (B) in subparagraph (A), by striking clauses (i) 
                  through (vii) and inserting the following:
                      ``(i) 115,000 in fiscal year 2007; and
                      ``(ii) in fiscal year 2008, and in each subsequent 
                  fiscal year, the greater of--
                              ``(I) 115,000; or
                              ``(II) the number calculated under 
                          paragraph (9);'';
              (2) in paragraph (8)--
                      (A) in subparagraph (B), by striking clause (iv); 
                  and
                      (B) by striking subparagraph (D);
              (3) by redesignating paragraphs (9), (10), and (11) as 
          paragraphs (10), (11), and (12), respectively; and
              (4) by inserting after paragraph (8) the following:
      ``(9) If the numerical limitation under paragraph (1)(A)--
              ``(A) is reached during a given fiscal year, the numerical 
          limitation under paragraph (1)(A) for the subsequent fiscal 
          year shall be equal to the lesser of--
                      ``(i) 120 percent of the numerical limitation for 
                  the given fiscal year; or
                      ``(ii) 180,000; and
              ``(B) is not reached during a given fiscal year, the 
          numerical limitation under paragraph (1)(A) for the subsequent 
          fiscal year shall be equal to the numerical limitation for the 
          given fiscal year.''.
  
  SEC. 3. EMPLOYMENT-BASED IMMIGRATION.
  
      (a) In General.--Section 201(b)(1) of the Immigration and 
  Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end 
  the following:
              ``(F) Aliens who have earned a master's or higher degree 
          from an accredited university in the United States.
              ``(G) Aliens who--
                      ``(i) have earned an advanced degree in science, 
                  technology, engineering, or mathematics; and
                      ``(ii) have been working in a related field in the 
                  United States under a nonimmigrant visa during the 3-
                  year period preceding their application for an 
                  immigrant visa under section 203(b).
              ``(H) Aliens who--
                      ``(i) are described in subparagraph (A) or (B) of 
                  section 203(b)(1); or
                      ``(ii) have received a national interest waiver 
                  under section 203(b)(2)(B).
              ``(I) The immediate relatives of an alien who is admitted 
          as an employment-based immigrant under section 203(b).''.
      (b) Adjustment of Status for Employment-Based Immigrants.--
              (1) In general.--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 to Employment-Based Immigrant.--
              ``(1) Eligibility.--An alien, and any eligible dependents 
          of such alien, may file an application for adjustment of status 
          with the Secretary of Homeland Security, whether or not an 
          employment-based immigrant visa is immediately available at the 
          time the application is filed, if--
                      ``(A) a petition filed under subparagraph (E) or 
                  (F) of section 204(a)(1) on behalf of the alien has 
                  been approved; or
                      ``(B) in the discretion of the Secretary, the 
                  adjudication of such petition is pending.
              ``(2) Visa availability.--An application filed under 
          paragraph (1) may not be approved until the appropriate 
          employment-based immigrant visa becomes available under section 
          203(b).
              ``(3) Fees.--If an employment-based immigrant visa is not 
          available on the date on which an application is filed under 
          paragraph (1), a supplemental fee of $500 shall be paid on 
          behalf of the beneficiary of such application. Such fee may not 
          be charged with respect to any dependent accompanying or 
          following to join such beneficiary.
      ``(o) Extension of Employment Authorization and Advanced Parole 
  Document.--The Secretary of Homeland Security--
              ``(1) shall issue a 3-year employment authorization and 3-
          year advanced parole document to any beneficiary of an 
          application for adjustment of status if a petition has been 
          filed or is pending under subparagraph (E) or (F) of section 
          204(a)(1); and
              ``(2) may adjust fees assessed under this section in 
          accordance to the 3-year period of validity assigned to the 
          employment authorization or advanced parole documents issued 
          under subparagraph (1).''.
              (2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356) 
          is amended--
                      (A) in subsection (m), by striking ``provisions of 
                  law, all adjudication fees'' and inserting ``provision 
                  of law, all adjudication fees and the fees collected 
                  under section 245(n)(3)''; and
                      (B) in subsection (n)--
                              (i) by striking ``All deposits'' and 
                          inserting the following: ``(1) Except as 
                          provided in paragraph (2), all deposits''; and
                              (ii) by adding at the end the following:
      ``(2) All deposits in the Immigration Examinations Fee Account that 
  were originally collected under section 245(n)(3) shall be used to 
  clear security background check delays.''.
      (c) Applicability.--The amendments made by subsections (a) and (b) 
  shall apply to any visa application--
              (1) pending on the date of the enactment of this Act; or
              (2) filed on or after such date.
  
  SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS.
  
      (a) Prohibition Against Advertising Exclusively to H-1B 
  Nonimmigrants.--Section 212(n)(1) of the Immigration and Nationality 
  Act (8 U.S.C. 1182(n)(1)) is amended--
              (1) by redesignating subparagraph (G) as subparagraph (H);
              (2) by inserting after subparagraph (H), as redesignated, 
          the following:
              ``(I) The employer has not advertised the available jobs 
          specified in the application in an advertisement that states or 
          indicates that--
                      ``(i) the jobs are only available to persons who 
                  are, or may become, H-1B nonimmigrants; or
                      ``(ii) persons will receive priority or preference 
                  in the hiring process because they are, or may become, 
                  H-1B nonimmigrants.''; and
              (3) in the undesignated paragraph at the end, by striking 
          ``The employer'' and inserting the following:
              ``(K) The employer''.
      (b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of 
  such Act, as amended by this section, is further amended by inserting 
  after subparagraph (I), as added by subsection (a)(1), the following:
              ``(J) If the employer employs 50 or more employees in the 
          United States, not more than 50 percent of such employees are 
          H-1B nonimmigrants.''.
      (c) Safeguards Against Fraud and Misrepresentation in Application 
  Review Process.--Section 212(n)(1)(K) of such Act, as designated by 
  subsection (a)(2), is amended--
              (1) by inserting ``, clear indicators of fraud, 
          misrepresentation of material fact,'' after ``completeness'';
              (2) by striking ``or obviously inaccurate'' and inserting 
          ``, presents clear indicators of fraud or misrepresentation of 
          material fact, or is obviously inaccurate''; and
              (3) 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 under 
          paragraph (2).''.
      (d) Investigations by Department of Labor.--Section 212(n)(2) of 
  such Act is amended--
              (1) in subparagraph (A), by striking ``12 months'' and all 
          that follows and inserting ``24 months after the date of the 
          failure or misrepresentation, respectively. Upon the receipt of 
          such a complaint, the Secretary may initiate an investigation 
          to determine if such a failure or misrepresentation has 
          occurred.'';
              (2) in subparagraph (C)(i)--
                      (A) by striking ``a condition of paragraph (1)(B), 
                  (1)(E), or (1)(F)'' and inserting ``a condition under 
                  subparagraph (B), (C), (E), (F), (H), (I), or (J) of 
                  paragraph (1)''; and
                      (B) by striking ``paragraph (1)(C), (1)(D), or 
                  (1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or 
                  (G)(i)(I) of paragraph (1)'';
              (3) in subparagraph (G)--
                      (A) in clause (i), by striking ``if the Secretary'' 
                  and all that follows and inserting ``with regard to the 
                  employer's compliance with the requirements under this 
                  subsection.'';
                      (B) in clause (ii), 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.'';
                      (C) in clause (iii), by striking the last sentence;
                      (D) by striking clauses (iv) and (v);
                      (E) by redesignating clauses (vi), (vii), and 
                  (viii) as clauses (iv), (v), and (vi), respectively;
                      (F) in clause (iv), as redesignated, by striking 
                  ``meet a condition'' and all that follows and inserting 
                  ``comply with the requirements under this subsection, 
                  unless the Secretary of Labor receives the information 
                  not later than 24 months after the date of the alleged 
                  failure.'';
                      (G) by amending clause (v), as redesignated, to 
                  read as follows:
      ``(v) The Secretary of Labor shall provide notice to an employer of 
  the intent to conduct an investigation. 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. 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 the employer or secure the 
  employer's compliance with this subsection. A determination by the 
  Secretary under this clause is not subject to judicial review.'';
                      (H) in clause (vi), as redesignated, by striking 
                  ``An investigation'' and all that follows through ``the 
                  determination.'' 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 120 days after the date of such 
                  determination.''; and
                      (I) by adding at the end the following:
      ``(vii) If the Secretary of Labor, after a hearing, finds a 
  reasonable basis to believe that the employer has violated a 
  requirement under this subsection, the Secretary may impose a penalty 
  under subparagraph (C).'';
              (4) by redesignating subparagraph (I) as subparagraph (J).
      (e) Additional Department of Labor Employees.--
              (1) In general.--The Secretary of Labor is authorized to 
          hire 200 additional employees to administer, oversee, 
          investigate, and enforce programs involving H-1B nonimmigrant 
          workers.
              (2) Authorization of appropriations.--There are authorized 
          to be appropriated such sums as may be necessary to carry out 
          this subsection.
      (f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and 
  Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking 
  ``$500'' and inserting ``$1,000''.
      (g) Information Sharing Between Department of Labor and Department 
  of Homeland Security.--Section 212(n)(2) of such Act, as amended by 
  this section, is further amended by inserting after subparagraph (H) 
  the following:
      ``(I) If any information contained in the materials submitted by 
  employers of H-1B nonimmigrants as part of the adjudication process 
  indicates that the employer is not complying with the requirements 
  under this subsection, the Director of United States Citizenship and 
  Immigration Services shall provide such information to the Secretary of 
  Labor. The Secretary may initiate and conduct an investigation and 
  hearing under this paragraph after receiving such information.''.
      (h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this 
  section, is further amended by adding at the end the following: ``The 
  Secretary may conduct surveys regarding the degree to which employers 
  comply with the requirements under this subsection and may conduct 
  annual compliance audits of employers of H-1B nonimmigrants. The 
  Secretary shall conduct annual compliance audits of not less than 1 
  percent of the employers of H-1B nonimmigrants during the applicable 
  calendar year. The Secretary shall conduct annual compliance audits of 
  each employer with more than 100 employees who work in the United 
  States if more than 15 percent of such employees are H-1B 
  nonimmigrants.''.
      (i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by 
  this section, is further amended--
              (1) in clause (i)(I), by striking ``$1,000'' and inserting 
          ``$2,000'';
              (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
          ``$10,000''; and
              (3) in clause (vi)(III), by striking ``$1,000'' and 
          inserting ``$2,000''.
      (j) Information Provided to H-1B Nonimmigrants Upon Visa 
  Issuance.--Section 212(n) of such Act, as amended by this section, is 
  further amended by adding at the end the following:
      ``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the 
  United States, the office processing the petition for such status shall 
  provide the applicant with--
              ``(i) a brochure outlining the employer's obligations and 
          the employee's rights under Federal law, including labor and 
          wage protections; and
              ``(ii) the contact information for Federal agencies that 
          can offer more information or assistance in clarifying employer 
          obligations and workers' rights.
      ``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside 
  the United States, the officer of the Department of State shall provide 
  the applicant with the items described in clauses (i) and (ii) of 
  subparagraph (A).''.
target: Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation/fashion models) visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States.
  
  Sets H-1B annual limits at: (1) 115,000 for FY2007; and (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation.
  
  Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment; (2) recipients of national interest waivers; and (3) immediate relatives of employment-based immigrants.
  
  Permits an alien (and dependents) to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved; or (2) adjudication of such petition is pending.
  
  Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) prohibiting H-1B-exclusive employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees.
feat_title: A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.