Sec. 9. Adjustment of status for employment-based immigrants
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Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: Notwithstanding subsection (a)(3), an alien (including the alien’s spouse or child, if eligible to receive a visa under section 203(d)), may file an application for adjustment of status if— the alien— is present in the United States pursuant to a lawful admission as a nonimmigrant, other than a nonimmigrant described in subparagraph (B), (C), (D), or
(S)of section 101(a)(15), section 212(l), or section 217; and subject to subsection (k), is not ineligible for adjustment of status under subsection (c); and not less than 2 years have elapsed since the immigrant visa petition filed by or on behalf of the alien under subparagraph
(E)or
(F)of section 204(a)(1) was approved. The child of a principal alien who files an application for adjustment of status under this subsection shall continue to qualify as a child for purposes of the application, regardless of the child’s age or whether the principal alien is deceased at the time an immigrant visa becomes available. Applicants for adjustment of status under this subsection shall be eligible for advance parole under the same terms and conditions as applicants for adjustment of status under subsection (a). Subject to paragraph (4), a principal applicant for adjustment of status under this subsection shall be eligible for work authorization under the same terms and conditions as applicants for adjustment of status under subsection (a). A dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application. During the time an application for adjustment of status under this subsection is pending and until such time an immigrant visa becomes available— the terms and conditions of the alien’s employment, including duties, hours, and compensation, must be commensurate with the terms and conditions applicable to the employer’s similarly situated United States workers in the area of employment, or if the employer does not employ and has not recently employed more than two such workers, the terms and conditions of such employment must be commensurate with the terms and conditions applicable to other similarly situated United States workers in the area of employment; and consistent with section 204(j), if the alien changes positions or employers, the new position shall be in the same or a similar occupational classification as the job for which the petition was filed. An application for adjustment of status filed by a principal alien under this subsection shall be accompanied by— a signed letter from the principal alien’s current or prospective employer attesting that the terms and conditions of the alien’s employment are commensurate with the terms and conditions of employment for similarly situated United States workers in the area of employment; and other information deemed necessary by the Secretary of Homeland Security to verify compliance with subparagraph (A). An application for employment authorization filed by a principal applicant for adjustment of status under this subsection shall be accompanied by a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) attesting that— the job offered in the immigrant visa petition remains a bona fide job offer that the alien intends to accept upon approval of the adjustment of status application; or the alien has accepted a new full-time job in the same or a similar occupational classification as the job described in the approved immigrant visa petition. An employment authorization document issued to a principal alien who has filed an application for adjustment of status under this subsection shall be valid for three years. Any request by a principal alien to renew an employment authorization document associated with such alien’s application for adjustment of status filed under this subsection shall be accompanied by the evidence described in subparagraphs
(B)and (C)(i). An adjustment of status application filed under paragraph
(1)may not be approved— until the date on which an immigrant visa becomes available; and if the principal alien has not, within the preceding 12 months, filed a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)). If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form. If the most recent Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) or any prior form indicates a lack of compliance with paragraph (4)(A), the Secretary of Homeland Security shall issue a notice of intent to deny the application for adjustment of status and provide the alien the opportunity to submit evidence of compliance. An application for adjustment of status under this subsection may be denied if the alien fails to— timely file a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) in response to a request for evidence issued under subparagraph (B); or establish, by a preponderance of the evidence, compliance with paragraph (4)(A). Notwithstanding any other provision of law, the Secretary of Homeland Security shall charge and collect a fee in the amount of $2,000 to process each Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) filed under this subsection. Fees collected under subparagraph
(A)shall be deposited and used as follows: Fifty percent of such fees shall be deposited in the Immigration Examinations Fee Account established under section 286(m). Fifty percent of such fees shall be deposited in the Treasury of the United States as miscellaneous receipts. The provisions of this subsection— shall apply beginning on the date that is one year after the date of the enactment of the Immigration Visa Efficiency and Security Act of 2023; and except as provided in subparagraph (B), shall cease to apply as of the date that is nine years after the date of the enactment of such Act. This subsection shall continue to apply with respect to any alien who has filed an application for adjustment of status under this subsection any time prior to the date on which this subsection otherwise ceases to apply. For purposes of this subsection: The term similarly situated United States workers includes United States workers performing similar duties, subject to similar supervision, and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the alien in the same geographic area of employment as the alien. The duties, hours, and compensation of the alien are commensurate with those offered to United States workers in the same area of employment if the employer can demonstrate that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated United States employees. . Section 245(k) of the Immigration and Nationality Act ( 8 U.S.C. 1255(k) ) is amended by adding or
(n)after pursuant to subsection
(a).
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Sec. 9
Adjustment of status for employment-based immigrants
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