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SEC. _. H-1B PROVISIONS.

(a) REPEAL OF CERTAIN TEMPORARY WORKER PRO-VISIONS."The following amendments are null and voidand have no effect:

(1) The amendments to subsection (b) of sectionof the Immigration and Nationality Act (8U.S.C. 1184) made by subsection (c) of section 418of this Act.

(2) The amendments to subsection (h) of suchsection 214 made by subsection (d) of such section418.

(3) The amendments to subsection (g) of suchsection 214 made by subsection (a) of section 419of this Act.

(4) The amendments to paragraph (2) of subsection

(i) of such made by subsection (b) such ofsection 419.

(b) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANTSTUDENTS."Subsection (h) of section 214 ofthe Immigration and Nationality Act (8 U.S.C. 1184) isamended"

(1) by striking ''(H)(i)(b) or (c),'' and inserting''(F)(iv), (H)(i)(b), (H)(i)(c),''; and

(2) by striking ''if the alien had obtained achange of status'' and inserting ''if the alien had.been admitted as, provided status as, or obtained achange of status''.

(c) H-1B AMENDMENTS."Subsection (g) of sectionof the Immigration and Nationality Act (8 U.S.C.1184) is amended"

(1) in paragraph (1)(A), by striking clauses (i) through (vii) and inserting the following:''(i) 15,000 in fiscal year 2008;''(ii) in any subsequent fiscal year,subject to clause (iii), the number for theprevious fiscal year as adjusted in accordancewith the method set forth in paragraph

(2); and''(iii) 180,000 for any fiscal year;'';

(2) in paragraph (9), as redesignated by section409"

(A) in subparagraph (B)"

(i) in clause (ii), by striking ''The annualnumerical limitations described inclause (i) shall not exceed'' and inserting''Without respect to the annual numericallimitations described in clause (i), the Secretarymay issue a visa or otherwise grantnonimmigrant status pursuant to section.1101(a)(15)(H)(i)(b) in the followingquantities:''; and

(ii) by striking clause (iv); and

(B) by striking subparagraph (D).

(d) ENSURING ACCESS TO SKILLED WORKERS INSPECIALTY OCCUPATIONS."

(1) IN GENERAL."Paragraph (6) of section214(g) of the Immigration and Nationality Act (8U.S.C. 1184(g)), as redesignated by section 409, isamended to read as follows:''(6) The numerical limitations contained inparagraph (1)(A) shall not apply to any nonimmigrantalien issued a visa or otherwise providedstatus under section 101(a)(15)(H)(i)(b) who"''(A) until the number of aliens who areexempted from such numerical limitation underthis subparagraph during a year exceeds 50,000''(i) is employed (or has received anoffer of employment) at an institution ofhigher education (as defined in section101(a) of the Higher Education Act of1965) (20 U.S.C. 1001(a)), or a related oraffiliated nonprofit entity; or''(ii) is employed (or has received anoffer of employment) at a nonprofit re.search organization or a governmental researchorganization;''(B) has earned a master's or higher degree from a United States institution of highereducation (as defined in section 101(a) of theHigher Education Act of 1965 (20 U.S.C.1001(a)), until the number of aliens who areexempted from such numerical limitation underthis subparagraph during a year exceeds40,000; or''(C) has earned a master's or higher degreein science, technology, engineering, ormathematics from an institution of higher educationoutside of the United States, until thenumber of aliens who are exempted from suchnumerical limitation under this subparagraphduring a year exceeds 20,000.''.

(e) EMPLOYER REQUIREMENT."Section 214(g) ofthe Immigration and Nationality Act (8 U.S.C. 1184(g)),as redesignated by section 409, is further amended to addthe following:''(13) An employer that has at least 1,000 full-time employees who are employed in the UnitedStates, including employment authorized aliens, andemploys aliens admitted or provided status as a non.immigrant described in section 101(a)(15)(H)(i)(b) in a number that is equal to or at least 15 percentof the number of such full-time employees, may fileno more than 1,000 petitions under subsection (c) toimport aliens under section 101(a)(15)(H)(i)(b) inany fiscal year.''.

(f) APPLICABILITY."The amendment made by subsection

(d) shall apply to any petition or visa applicationpending on the date of enactment of this Act and any petitionor visa application filed on or after such date. Theamendment made by subsection (e) shall take effect onthe first day of the fiscal year following the fiscal yearin which the backlog of employment-based immigrant visapetitions existing as of the effective date established insection 502(d) of this Act

(g) DOCUMENT REQUIREMENT."Paragraph (1) ofsection 212(n) of the Immigration and Nationality Act (8U.S.C. 1182(n)), as amended by this Act, is furtheramended"

(1) in subparagraph (A)"

(A) in clause (i), by striking ''and'' at theend;

(B) in clause (ii), by striking the period atthe end and inserting a semicolon and ''and'';and.

(C) by adding at the end the following:''(iii) will provide to the H-1B non-immigrant"''(I) a copy of each applicationfiled on behalf of the n nonimmigrantunder this section; and''(II) documentation supportingeach attestation, in accordance withregulations promulgated by the Secretaryof Labor.'';

(2) by adding at the end the following:''(L) An H-1B nonimmigrant may not bestationed at the worksite of an employer otherthan the petitioning employer or its affiliate,subsidiary, or parent if the alien will be controlledand supervised principally by such unaffiliatedemployer or if the placement of thealien at the worksite of the affiliated employeris essentially an arrangement to provide laborfor hire for the unaffiliated employer, ratherthan a placement in connection with the provisionof a product or service.''.

(h) FRAUD ASSESSMENT."Not later than 30 daysafter the date of the enactment of this Act, the Directorof United States Citizenship and Immigration Services.shall submit to Congress a fraud risk assessment of theH-1B visa program.

(i) MERIT-BASED IMMIGRANTS."Section 201(d) ofthe Immigration and Nationality Act (8 U.S.C. 11519(d)),as amended by section 501(b) to is amended to read asfollows:''(d) WORLDWIDE LEVEL OF MERIT-BASED, SPECIAL,AND EMPLOYMENT CREATION IMMIGRANTS."''(1) IN GENERAL."The worldwide level ofmerit-based, special, and employment creation immigrantsunder this subsection for a fiscal year"''(A) for the first five fiscal years shall beequal to the number of immigrant visas madeavailable to aliens seeking immigrant visasunder section 203(b) of this Act for fiscal year2005, plus any immigrant visas not required forthe class specified in (c), of which"''(i) at least 10,000 will be for exceptionalaliens in nonimmigrant status undersection 101(a)(15)(Y);''(ii) 90,000 will be for aliens whowere the beneficiaries of an applicationthat was pending or approved at the timeof the effective date of section 502(d) of.the Secure Borders, Economic Opportunityand Immigration Reform Act of 2007;''(iii) up to 20,000 shall be for alienswho met the specifications set forth in section 203(b)(1)(as of January 1, 2007); and''(iv) the remaining visas be allocatedas follows:''(I) In fiscal year 2008 and2009, 115,401 shall be for aliens whoare the beneficiaries of a petition filedby an employer on their behalf underthis section.''(II) In fiscal year 2010, 86,934shall be for aliens who are the beneficiariesof a petition filed by an employeron their behalf under this section.''(III) In fiscal year 2011,shall be for aliens who are thebeneficiaries of a petition filed by anemployer on their behalf under thissection.''(IV) In fiscal year 2012, 44,234shall be for aliens who are the beneficiariesof a petition filed by an em.ployer on their behalf under this section.''.

(j) AMENDMENTS TO MERIT-BASED IMMIGRANTPROVISIONS."Section 203(b) of the Immigration and NationalityAct (8 U.S.C. 1153(b)), as amended by section502(b), is further amended in paragraph (1) by addingat the end the following new subparagraphs:''(G) Any employer desiring and intendingto employ within the United States an alienqualified under (A) may file a petition with theSecretary of Homeland Security for such classification.''(H) The Secretary of Homeland Securityshall collect applications and petitions by Julyof each fiscal year and will adjudicate fromthe pool of applicants received for that fiscalyear, from the highest to the lowest, the determinednumber of points necessary for the fiscalyear. If the number of applications and petitionssubmitted that meet the merit basedthreshold is insufficient for the number of visasavailable that year, the Secretary is authorizedto continue accepting applications and petitionsat a date determined by the Secretary to adju.dicate the applications and petitions under thissection.''.

(k) EFFECTIVE DATE."

(1) REPEAL."Paragraph (2) of section 502(d) is null and void and shall have no effect.

(2) PENDING AND APPROVED PETITIONS ANDAPPLICATIONS."Petitions for an employment-basedvisa filed for classification under section 203(b)(1),

(2), or (3) of the Immigration and Nationality Act

(as such provisions existed prior to the enactment ofsection 502) that were pending or approved at thetime of the effective date of section 502, shall betreated as if such provision remained effective andan approved petition may serve as the basis forissuance of an immigrant visa. The beneficiary (asclassified for this subparagraph as a nonimmigrantdescribed in section 101(a)(15)(H)(i)(b) of the Immigrationand Nationality Act (8 U.S.C.1101(a)(15)(H)(i)(b)) of such a pending or approvedpetition, and any dependent accompanying or followingto join such beneficiary, may file an applicationfor adjustment of status under section 245(a) of the Immigration and Nationality Act (8 U.S.C.1255(a)) regardless of whether an immigrant visa isimmediately available at the time the application is.filed. Such application for adjustment of status shallnot be approved until an immigrant visa becomesavailable. Aliens with applications for a labor certificationpursuant to section 212(a)(5)(A) of the Immigrationand Nationality Act (8 U.S.C.1182(a)(5)(A)) shall preserve the immigrant visapriority date accorded by the date of filing of suchlabor certification application.