; or (ii) a pending or approved immigrant status petition filed for such alien by a covered employer. (B) In this paragraph: (i) The term covered employer means an employer that has filed immigrant status petitions for not fewer than 90 percent of current employees who were the beneficiaries of applications for labor certification that were approved during the 1-year period ending 6 months before the filing of an application or petition for which the number of intending immigrants is relevant. (ii) The term immigrant status petition means a petition filed under paragraph (1), (2), or (3) of section 203(b). (iii) The term labor certification means an employment certification under section 212(a)(5)(A). (C) Notwithstanding any other provision of law— (i) for all calculations of the number of aliens admitted pursuant to subparagraph (H)(i)(b) or (L) of paragraph (15), including calculations for the purposes set forth in section 203(i), an intending immigrant shall be counted as an alien lawfully admitted for permanent residence and shall not be counted as an employee admitted pursuant to such a subparagraph; and (ii) for all determinations of the number of employees or United States workers employed by an employer, all of the employees in any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be counted. (54) The term STEM means the academic and professional disciplines of science (excluding social sciences), technology, engineering, and mathematics. . (b) H–1B dependent employers; exempt H–1B nonimmigrants Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended— (1) in paragraph (1)— (A) in subparagraph (E)— (i) in clause (i), by striking (as defined in paragraph (4)) ; and (ii) by striking clause (ii) and inserting the following: (ii) Except as provided in clause (iii), an application described in this clause is an application filed by— (I) an H–1B-dependent employer