Provisions relating to H–1B nonimmigrant petitions

Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended as follows: (1) Wage requirement In subparagraph (A) of paragraph (1), to read as follows: (A) The employer has offered, and will continue to offer for the duration of the authorized period of employment, an annual wage to the H–1B nonimmigrant that is not less than the greatest of the following: (i) The annual wage paid by the employer to a United States citizen or lawful permanent resident who performed the same or substantially similar duties during the 2-year period immediately preceding the filing of the application. (ii) $100,000, as adjusted annually for inflation beginning on the first July 1 following the date of enactment of this Act, by increasing such amount by the cumulative percentage change in the Consumer Price Index for All Urban Consumers (CPI–U) since the date of enactment.. (2) Third-party worksite limitations; compensation-based prioritization By adding at the end the following: (6) Limitation on visa validity An H–1B visa issued pursuant to an application filed under paragraph (1) shall be valid for a period not to exceed 1 year if any portion of the work performed by the H–1B nonimmigrant will take place at a third-party worksite. (7) Conditions for third-party placement No H–1B visa may be issued, and no H–1B status may be granted, if any portion of the work will be performed at a third-party worksite unless the work assignment— (A) is clearly defined and not speculative; and (B) is expected to continue for the full duration of employment requested in the petition. (8) Petition prioritization In adjudicating H–1B petitions during a fiscal year, the Secretary shall prioritize approval of petitions offering higher levels of compensation over petitions offering lower levels of compensation, without regard to the order in which such petitions were filed..