; (II) in the case of an employer that has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States, employs more than 12 H–1B nonimmigrants; or (III) in the case of an employer that has at least 51 full-time equivalent employees who are employed in the United States, employs H–1B nonimmigrants in a number that is equal to at least 15 percent of the number of such full-time equivalent employees. (ii) In determining the number of employees who are H–1B nonimmigrants under subparagraph (A), an intending immigrant employee shall not count toward such number. ; and (B) in subparagraph (B)— (i) by amending clause (i) to read as follows: (i) the term exempt H–1B nonimmigrant means an H–1B nonimmigrant who— (I) receives wages (including cash bonuses) at an annual rate equal to not less than the higher of— (aa) 105 percent of the occupational mean wage, as determined based on Bureau of Labor Statistics data for the geographic area of employment; or (bb) $100,000 (or the adjusted amount under clause (iii), if applicable); or (II) has attained a doctoral degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in the United States in a specialty related to the intended employment; ; (ii) in clause (ii), by striking the period at the end and inserting ; and