Sec. 525.
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The Secretary of Homeland Security, after appropriate consultation with the Secretary of Labor and appropriate employers, shall develop, through notice and comment rulemaking, a process to provide quarterly allocation of visas issued pursuant to petitions submitted by employers for individuals to be admitted under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ). In developing the process described in paragraph (1), the Secretary shall ensure that— all such petitions are submitted to the Secretary not later than 45 days before the first day of the quarter during which the requested beneficiaries are expected to begin their employment with the employer; and all decisions to approve or deny a petition are made not later than 15 days before the first date of employment specified in the petition.
Subject to subsection (c), for fiscal year 2021, and every fiscal year thereafter, of the visas authorized under section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ), the Secretary of Homeland Security shall issue— not more than 14 percent to aliens whose employment is scheduled to begin during the first quarter of the fiscal year; not more than 45 percent (plus any visas authorized, but not issued, under paragraph (1)) to aliens whose employment is scheduled to begin during the second quarter of the fiscal year; not more than 39 percent (plus any visas authorized, but not issued, under paragraphs
(1)and (2)) to aliens whose employment is scheduled to begin during the third quarter of the fiscal year; and not more than 2 percent (plus any visas authorized, but not issued, under paragraph (1), (2), and (3)) to aliens whose employment is scheduled to begin during the fourth quarter of the fiscal year. Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, and after consultation with the Secretary of Labor, shall— compare the quarterly allocation of visas under subsection
(b)to the actual need for individuals to be admitted under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in each quarter; and adjust the quarterly allocation of such visas accordingly. For each calendar quarter subject to the visa allocation process set forth in subsection
(b)or (c), if the total number of visas requested by employers whose petitions meet the standards for approval exceeds the total number of visas available for such employers, the Secretary shall ensure that each such petition is approved for a minimum number of visas, which shall be calculated based on the ratio between the total number of visas requested by such employers and the total number of visas available. Effective October 1, 2020, section 214(g)(10) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(10) ) is repealed. Section 214(c)(14)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(14)(C) ) is amended to read as follows: In determining the level of penalties to be assessed under subparagraph (A), the highest penalties shall be reserved for— willful failures to meet any of the conditions of the petition that involve harm to United States workers; and willful misrepresentations of the number of necessary nonimmigrants in an application for temporary labor certification in support of a petition for nonimmigrants described in section 101(a)(15)(H)(ii)(b). .
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