Modification of application requirements

(a) General application requirements Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: (A) The employer— (i) is offering and will offer to H–1B nonimmigrants, during the period of authorized employment for each H–1B nonimmigrant, wages that are determined based on the best information available at the time the application is filed and which are not less than the highest of— (I) the locally determined prevailing wage level for the occupational classification in the area of employment; (II) the median wage for all workers in the occupational classification in the area of employment; and (III) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and (ii) will provide working conditions for such H–1B nonimmigrant that will not adversely affect the working conditions of United States workers similarly employed by the employer or by an employer with which such H–1B nonimmigrant is placed pursuant to a waiver under paragraph (2)(E).. (b) Internet posting requirement Section 212(n)(1)(C) of such Act (8 U.S.C. 1182(n)(1)(C)) is amended— (1) by redesignating clause (ii) as subclause (II); (2) by striking (i) has provided and inserting the following: (ii) (I) has provided; and (3) by inserting before clause (ii), as redesignated by paragraph (2), the following: (i) has posted on the internet website described in paragraph (3), for at least 30 calendar days, a detailed description of each position for which a nonimmigrant is sought that includes a description of— (I) the wages and other terms and conditions of employment; (II) the minimum education, training, experience, and other requirements for the position; and (III) the process for applying for the position; and. (c) Wage determination information Section 212(n)(1)(D) of such Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting the wage determination methodology used under subparagraph (A)(i), after shall contain. (d) Application of requirements to all employers (1) Nondisplacement Section 212(n)(1)(E) of such Act (8 U.S.C. 1182(n)(1)(E)) is amended to read as follows: (E) (i) The employer— (I) will not at any time displace a United States worker with 1 or more H–1B nonimmigrants; and (II) did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of the placement of the nonimmigrant with the employer. (ii) The 180-day periods referred to in clause (i) may not include any period of on-site or virtual training of H–1B nonimmigrants by employees of the employer.. (2) Recruitment Section 212(n)(1)(G)(i) of such Act (8 U.S.C. 1182(n)(1)(G)(i)) is amended by striking In the case of an application described in subparagraph (E)(ii), subject and inserting Subject. (e) Waiver requirement Section 212(n)(1)(F) of such Act (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows: (F) The employer will not place, outsource, lease, or otherwise contract for the services or placement of H–1B nonimmigrants with another employer, regardless of the physical location where such services will be performed, unless the employer of the alien has been granted a waiver under paragraph (2)(E)..