Other provisions regarding H–1B nonimmigrant applications

Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended— (1) in paragraph (1), by amending subparagraph (A) to read as follows: (A) The employer is offering, and will offer during the period of authorized employment, an annual wage to the H–1B nonimmigrant that is not less than the greater of— (i) the annual wage that was paid to the United States citizen or lawful permanent resident employee who performed identical or similar work to the work to be performed by the H–1B nonimmigrant during the 2-year period immediately preceding the date on which the employer filed such application; or (ii) (I) $150,000, if offered during the 1-year period beginning on the date of the enactment of the American Tech Workforce Act of 2025; or (II) for any 1-year period beginning on July 1 after the period described in subclause (I), the sum of— (aa) the amount specified in subclause (I); and (bb) such amount multiplied by the cumulative percentage change in the Consumer Price Index since such date of enactment.; and (2) by adding at the end the following: (6) A visa issued to an H–1B nonimmigrant pursuant to a petition filed by an employer pursuant to paragraph (1) shall be valid for a period not to exceed 1 year if any part of the work assigned to such H–1B nonimmigrant will be performed at a third-party worksite. (7) An H–1B nonimmigrant visa may not be issued if any part of the work assigned to the H–1B nonimmigrant for the beneficiary of the applicant will be performed at a third-party worksite unless such assignment— (A) is specific and nonspeculative; and (B) continues for the entire work period requested in the petition. (8) In issuing an H–1B nonimmigrant visa or granting such status to an alien during a fiscal year, petitions from employers shall be approved by prioritizing petitions that offer higher compensation rates above petitions that offer lower compensation rates, regardless of the order in which such petitions were filed..