; or (bb) if the enterprise is using a designated agent to perform E-Verify queries, a valid E-Verify client company identification number and documentation from U.S. Citizenship and Immigration Services that the commercial enterprise is a participant in good standing in the E-Verify program. (II) The employer is not under investigation by any Federal agency for violation of the immigration laws or labor laws. (III) A Federal agency has not determined, during the immediately preceding five years, that the employer violated the immigration laws or labor laws. (IV) During each of the preceding three fiscal years, at least 90 percent of the petitions filed by the employer under section 101(a)(15)(H)(i)(b) were approved. (V) The employer has filed, pursuant to section 204(a)(1)(F), employment-based immigrant petitions, including an approved labor certification application under section 212(a)(5)(A), for at least 90 percent of employees imported under section 101(a)(15)(H)(i)(b) during the preceding three fiscal years. (ix) Any remaining petitions. (C) In this paragraph the term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, biological and biomedical sciences, mathematics and statistics, and physical sciences. . 105. H–1B workers employed by institutions of higher education Section 214(g)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(5) ) is amended by striking is employed (or has received an offer of employment) at each place such phrase appears and inserting is employed by (or has received an offer of employment from) . 106. Specialty occupation to require an actual degree Section 214(i) of the Immigration and Nationality Act ( 8 U.S.C. 1184(i) ) is amended— (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) attainment of a bachelor’s or higher degree in the specific