Summary of changes in Hatch-Shcumer amendment.

H–1B SKILLED WORKER DEPENDENT - Section 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended—

Note - the present definition of H-1B dependent employer remains same. Click here for its definition. In addition to that there is "H-1B Skilled worker Dependent Employer", See below definition.

(
‘H–1B skilled worker dependent employer’ means an employer who employs H–1B non immigrants in the United States in a number that in total is equal to at least 15 percent of the number of its full-time equivalent employees in the United States employed in occupations contained within Occupational Information Network Database (O*NET) Job Zone 4 and Job Zone 5.

1. (ii) An H–1B nonimmigrant who is an intending immigrant shall be counted as a United States worker in making a determination under clause (i).’’

The term intending immigrant has broad definintion. Any employee for whom a Labor Certification is filed will be counted as an intending Immigrant.
 
The amendment also says

(b) SPECIAL REQUIREMENTS.—Notwithstanding any other provision of law, the amendments made by section 4211(c) shall not apply to any application or petition filed by an employer on behalf of an existing employee.


ADJUSTMENT OF STATUS FOR EMPLOYMENT BASED IMMIGRANTS.— ‘‘(1) PETITION.—An alien, and any eligible dependents of such alien, who has filed a petition for immigrant status, may concurrently, or at any time thereafter, file an application with the Secretary of MDM13698 S.L.C. Homeland Security for adjustment of status if such petition is pending or has been approved, regardless of whether an immigrant visa is immediately available at the time the application is filed.

See the entire Hatch-Shcumer amendment here