I 

108TH CONGRESS 

1ST SESSION H. R. 2702

To amend the Immigration and Nationality Act with respect to the admission 

of L–1 intra-company transferee nonimmigrants. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2003

Ms. DELAURO (for herself, Mr. SHAYS, Mr. GEORGE MILLER of California, 

Mr. TIERNEY, Mr. MCGOVERN, Mr. SANDERS, Mr. OWENS, Mr. FRANK

of Massachusetts, and Mr. GREEN of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act with respect 

to the admission of L–1 intra-company transferee nonimmigrants.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘L–1 Nonimmigrant 

5 Reform Act’’. 

6 SEC. 2. REVISION OF L–1 NONIMMIGRANT PROGRAM. 

7 (a) IN GENERAL.—Section 214 of the Immigration 

8 and Nationality Act (8 U.S.C. 1184) is amended—
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1 (1) by redesignating the second subsection (p) 

2 as subsection (s); and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(t)(1) No alien may be admitted or provided status 

6 as an L–1 nonimmigrant in an occupational classification 

7 unless the employer has filed with the Secretary of Labor 

8 an application stating the following: 

9 ‘‘(A) The employer—

10 ‘‘(i) is offering and will offer during the 

11 period of authorized employment to aliens ad12 mitted or provided status as an L–1 non13 immigrant wages that are at least—

14 ‘‘(I) the locally determined prevailing 

15 wage level for the occupational classifica16 tion in the area of employment, 

17 ‘‘(II) the median average wage for all 

18 workers in the occupational classification 

19 in the area of employment, 

20 ‘‘(III) the median wage for skill level 

21 two in the occupational classification found 

22 in the most recent Occupation Employ23 ment Statistics survey, 
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1 whichever is greatest, based on the best infor2 mation available as of the time of filing the ap3 plication, and 

4 ‘‘(ii) will provide working conditions for 

5 such a nonimmigrant that will not adversely af6 fect the working conditions of workers similarly 

7 employed. 

8 The wage determination methodology used under 

9 clause (i) shall be submitted with the application. 

10 ‘‘(B) There is not a strike or lockout in the 

11 course of a labor dispute in the occupational classi12 fication at the place of employment. 

13 ‘‘(C) The employer, at the time of filing the ap14 plication—

15 ‘‘(i) has provided notice of the filing under 

16 this paragraph to the bargaining representative 

17 (if any) of the employer’s employees in the oc18 cupational classification and area for which 

19 aliens are sought, or 

20 ‘‘(ii) if there is no such bargaining rep21 resentative, has provided notice of filing in the 

22 occupational classification through such meth23 ods as physical posting in conspicuous locations 

24 at the place of employment or electronic notifi25 cation to employees in the occupational classi-
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1 fication for which L–1 nonimmigrants are 

2 sought. 

3 ‘‘(D) The application shall contain a specifica4 tion of the occupational classification in which the 

5 worker will be employed and wage rate and condi6 tions under which the worker will be employed. 

7 ‘‘(E) The employer did not displace and will not 

8 displace a United States worker (as defined in para9 graph (4)) employed by the employer within the pe10 riod beginning 180 days before and ending 180 days 

11 after the date of filing of any visa petition supported 

12 by the application. 

13 ‘‘(F) The employer may not out-source, lease, 

14 or otherwise contract for the placement of a worker 

15 with another firm. 

16 The employer shall make available for public examination, 

17 within one working day after the date on which an applica18 tion under this paragraph is filed, at the employer’s prin19 cipal place of business or worksite, a copy of each such 

20 application (and such accompanying documents as are 

21 necessary). The Secretary shall compile, on a current 

22 basis, a list (by employer and by occupational classifica23 tion) of the applications filed under this subsection. Such 

24 list shall include the wage rate, number of aliens sought, 

25 their country of origin, period of intended employment, 
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1 and date of need. The Secretary shall make such list avail2 able for public examination in Washington, D.C. 

3 ‘‘(2)(A) Subject to paragraph (5)(A), the Secretary 

4 shall establish a process for the receipt, investigation, and 

5 disposition of complaints respecting a petitioner’s failure 

6 to meet a condition specified in an application submitted 

7 under paragraph (1) or a petitioner’s misrepresentation 

8 of material facts in such an application. Complaints may 

9 be filed by any aggrieved person or organization (including 

10 bargaining representatives). No investigation or hearing 

11 shall be conducted on a complaint concerning such a fail12 ure or misrepresentation unless the complaint was filed 

13 not later than 12 months after the date of the failure or 

14 misrepresentation, respectively. The Secretary shall con15 duct an investigation under this paragraph if there is rea16 sonable cause to believe that such a failure or misrepresen17 tation has occurred. In addition, the Secretary may con18 duct surveys of the level of compliance by employers with 

19 the provisions and requirements of this subsection and 

20 may conduct annual compliance audits in the case of em21 ployers that employ L–1 nonimmigrants. 

22 ‘‘(B) Under such process, the Secretary shall provide, 

23 within 30 days after the date such a complaint is filed, 

24 for a determination as to whether or not a reasonable 

25 basis exists to make a finding described in subparagraph
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1 (C). If the Secretary determines that such a reasonable 

2 basis exists, the Secretary shall provide for notice of such 

3 determination to the interested parties and an opportunity 

4 for a hearing on the complaint, in accordance with section 

5 556 of title 5, United States Code, within 60 days after 

6 the date of the determination. If such a hearing is re7 quested, the Secretary shall make a finding concerning the 

8 matter by not later than 60 days after the date of the 

9 hearing. In the case of similar complaints respecting the 

10 same applicant, the Secretary may consolidate the hear11 ings under this subparagraph on such complaints. 

12 ‘‘(C)(i) If the Secretary finds, after notice and oppor13 tunity for a hearing, a failure to meet a condition of para14 graph (1)(B), (1)(E), or (1)(F), a substantial failure to 

15 meet a condition of paragraph (1)(C), (1)(D), or 

16 (1)(G)(i)(I), or a misrepresentation of material fact in an 

17 application—

18 ‘‘(I) the Secretary shall notify the Secretary of 

19 Homeland Security of such finding and may, in ad20 dition, impose such other administrative remedies 

21 (including civil monetary penalties in an amount not 

22 to exceed $1,000 per violation) as the Secretary de23 termines to be appropriate; and 

24 ‘‘(II) the Secretary of Homeland Security shall 

25 not approve petitions filed with respect to that em-
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1 ployer under section 204 or 214(c) during a period 

2 of at least 1 year for aliens to be employed by the 

3 employer. 

4 ‘‘(ii) If the Secretary finds, after notice and oppor5 tunity for a hearing, a willful failure to meet a condition 

6 of paragraph (1), a willful misrepresentation of material 

7 fact in an application, or a violation of clause (iv)—

8 ‘‘(I) the Secretary shall notify the Secretary of 

9 Homeland Security of such finding and may, in ad10 dition, impose such other administrative remedies 

11 (including civil monetary penalties in an amount not 

12 to exceed $5,000 per violation) as the Secretary de13 termines to be appropriate; and 

14 ‘‘(II) the Secretary of Homeland Security shall 

15 not approve petitions filed with respect to that em16 ployer under section 204 or 214(c) during a period 

17 of at least 2 years for aliens to be employed by the 

18 employer. 

19 ‘‘(iii) If the Secretary finds, after notice and oppor20 tunity for a hearing, a willful failure to meet a condition 

21 of paragraph (1) or a willful misrepresentation of material 

22 fact in an application, in the course of which failure or 

23 misrepresentation the employer displaced a United States 

24 worker employed by the employer within the period begin25 ning 180 days before and ending 180 days after the date 
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1 of filing of any visa petition supported by the applica2 tion—

3 ‘‘(I) the Secretary shall notify the Secretary of 

4 Homeland Security of such finding and may, in ad5 dition, impose such other administrative remedies 

6 (including civil monetary penalties in an amount not 

7 to exceed $35,000 per violation) as the Secretary de8 termines to be appropriate; and 

9 ‘‘(II) the Secretary of Homeland Security shall 

10 not approve petitions filed with respect to that em11 ployer under section 204 or 214(c) during a period 

12 of at least 3 years for aliens to be employed by the 

13 employer. 

14 ‘‘(iv) It is a violation of this clause for an employer 

15 who has filed an application under this subsection to in16 timidate, threaten, restrain, coerce, blacklist, discharge, or 

17 in any other manner discriminate against an employee 

18 (which term, for purposes of this clause, includes a former 

19 employee and an applicant for employment) because the 

20 employee has disclosed information to the employer, or to 

21 any other person, that the employee reasonably believes 

22 evidences a violation of this subsection, or any rule or reg23 ulation pertaining to this subsection, or because the em24 ployee cooperates or seeks to cooperate in an investigation 

25 or other proceeding concerning the employer’s compliance 
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1 with the requirements of this subsection or any rule or 

2 regulation pertaining to this subsection. 

3 ‘‘(v) The Secretary of Labor and the Secretary of 

4 Homeland Security shall devise a process under which an 

5 L–1 nonimmigrant who files a complaint regarding a vio6 lation of clause (iv) and is otherwise eligible to remain and 

7 work in the United States may be allowed to seek other 

8 appropriate employment in the United States for a period 

9 not to exceed the maximum period of stay authorized for 

10 such nonimmigrant classification. 

11 ‘‘(vi)(I) It is a violation of this clause for an employer 

12 who has filed an application under this subsection to re13 quire an L–1 nonimmigrant to pay a penalty for ceasing 

14 employment with the employer prior to a date agreed to 

15 by the nonimmigrant and the employer. The Secretary 

16 shall determine whether a required payment is a penalty 

17 (and not liquidated damages) pursuant to relevant State 

18 law. 

19 ‘‘(II) It is a violation of this clause for an employer 

20 who has filed an application under this subsection to re21 quire an alien who is the subject of a petition filed under 

22 section 214(c)(1), for which a fee is imposed under section 

23 214(c)(9), to reimburse, or otherwise compensate, the em24 ployer for part or all of the cost of such fee. It is a viola25 tion of this clause for such an employer otherwise to ac-
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1 cept such reimbursement or compensation from such an 

2 alien. 

3 ‘‘(III) If the Secretary finds, after notice and oppor4 tunity for a hearing, that an employer has committed a 

5 violation of this clause, the Secretary may impose a civil 

6 monetary penalty of $1,000 for each such violation (or 

7 $5,000 in the case of a second such violation by an em8 ployer or $10,000 for any subsequent such violation by 

9 the employer) and issue an administrative order requiring 

10 the return to the nonimmigrant of any amount paid in 

11 violation of this clause, or, if the nonimmigrant cannot be 

12 located, requiring payment of any such amount to the gen13 eral fund of the Treasury. 

14 ‘‘(vii) It is a failure to meet a condition of paragraph 

15 (1)(A) for an employer, who has filed an application under 

16 this subsection and who places an L–1 nonimmigrant des17 ignated as a full-time employee on the petition filed under 

18 section 214(c)(1) by the employer with respect to the non19 immigrant, after the nonimmigrant has entered into em20 ployment with the employer, in nonproductive or part-time 

21 status due to a decision by the employer (based on factors 

22 such as lack of work), or due to the nonimmigrant’s lack 

23 of a permit or license, to fail to pay the nonimmigrant 

24 full-time wages in accordance with paragraph (1)(A) for 

25 all such nonproductive time.
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1 ‘‘(III) In the case of an L–1 nonimmigrant who has 

2 not yet entered into employment with an employer who 

3 has had approved an application under this subsection, 

4 and a petition under section 214(c)(1), with respect to the 

5 nonimmigrant, the provisions of subclauses (I) and (II) 

6 shall apply to the employer beginning 30 days after the 

7 date the nonimmigrant first is admitted into the United 

8 States pursuant to the petition, or 60 days after the date 

9 the nonimmigrant becomes eligible to work for the em10 ployer (in the case of a nonimmigrant who is present in 

11 the United States on the date of the approval of the peti12 tion). 

13 ‘‘(IV) This clause does not apply to a failure to pay 

14 wages to an L–1 nonimmigrant for nonproductive time 

15 due to non-work-related factors, such as the voluntary re16 quest of the nonimmigrant for an absence or cir17 cumstances rendering the nonimmigrant unable to work. 

18 ‘‘(V) This clause shall not be construed as prohibiting 

19 an employer that is a school or other educational institu20 tion from applying to an L–1 nonimmigrant an established 

21 salary practice of the employer, under which the employer 

22 pays to L–1 nonimmigrants and United States workers 

23 in the same occupational classification an annual salary 

24 in disbursements over fewer than 12 months, if—
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1 ‘‘(aa) the nonimmigrant agrees to the com2 pressed annual salary payments prior to the com3 mencement of the employment; and 

4 ‘‘(bb) the application of the salary practice to 

5 the nonimmigrant does not otherwise cause the non6 immigrant to violate any condition of the non7 immigrant’s authorization under this Act to remain 

8 in the United States. 

9 ‘‘(VI) This clause shall not be construed as super10 seding clause (viii). 

11 ‘‘(viii) It is a failure to meet a condition of paragraph 

12 (1)(A) for an employer who has filed an application under 

13 this subsection to fail to offer to an L–1 nonimmigrant, 

14 during the nonimmigrant’s period of authorized employ15 ment, benefits and eligibility for benefits (including the op16 portunity to participate in health, life, disability, and other 

17 insurance plans; the opportunity to participate in retire18 ment and savings plans; and cash bonuses and noncash 

19 compensation, such as stock options (whether or not based 

20 on performance)) on the same basis, and in accordance 

21 with the same criteria, as the employer offers to United 

22 States workers. 

23 ‘‘(D)(i) If the Secretary finds, after notice and oppor24 tunity for a hearing, that an employer has willfully not 

25 paid wages at the wage level specified under the applica-
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1 tion and required under paragraph (1), the Secretary shall 

2 order the employer to provide for payment of such 

3 amounts of double back pay as may be required to comply 

4 with the requirements of paragraph (1), whether or not 

5 a penalty under subparagraph (C) has been imposed. 

6 ‘‘(ii) If the Secretary finds, after notice and oppor7 tunity for a hearing, that an employer willfully lays off 

8 a worker in violation of the terms of the application and 

9 this section, the Secretary shall order the employer to pro10 vide for payment of such amounts of double back pay for 

11 the workers so laid off. 

12 ‘‘(E) The Secretary may, on a case-by-case basis, 

13 subject an employer to random investigations for a period 

14 of up to 5 years, beginning on the date (on or after the 

15 date of the enactment of the L–1 Nonimmigrant Reform 

16 Act) when the employer is found by the Secretary to have 

17 committed a willful failure to meet a condition of para18 graph (1) (or has been found under paragraph (5) to have 

19 committed a willful failure to meet the condition of para20 graph (1)(F)(i)(II)) or to have made a willful misrepresen21 tation of material fact in an application. The authority 

22 of the Secretary under this subparagraph shall not be con23 strued to be subject to, or limited by, the requirements 

24 of subparagraph (A). 
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1 ‘‘(F)(i) If the Secretary receives specific credible in2 formation from a source, who is likely to have knowledge 

3 of an employer’s practices or employment conditions, or 

4 an employer’s compliance with the employer’s labor condi5 tion application under paragraph (1), and whose identity 

6 is known to the Secretary, and such information provides 

7 reasonable cause to believe that the employer has com8 mitted a willful failure to meet a condition of paragraph 

9 (1)(A), (1)(B), (1)(E), or (1)(F)(i)(I), has engaged in a 

10 pattern or practice of failures to meet such a condition, 

11 or has committed a substantial failure to meet such a con12 dition that affects multiple employees, the Secretary may 

13 conduct a 30-day investigation into the alleged failure or 

14 failures. The Secretary (or the Acting Secretary in the 

15 case of the Secretary’s absence or disability) shall person16 ally certify that the requirements for conducting such an 

17 investigation have been met and shall approve commence18 ment of the investigation. The Secretary may withhold the 

19 identity of the source from the employer, and the source’s 

20 identity shall not be subject to disclosure under section 

21 552 of title 5, United States Code. 

22 ‘‘(ii) The Secretary shall establish a procedure for 

23 any person, desiring to provide to the Secretary informa24 tion described in clause (i) that may be used, in whole 

25 or in part, as the basis for commencement of an investiga-
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1 tion described in such clause, to provide the information 

2 in writing on a form developed and provided by the Sec3 retary and completed by or on behalf of the person. 

4 ‘‘(iii) Any investigation initiated or approved by the 

5 Secretary under clause (i) shall be based on information 

6 that satisfies the requirements of such clause. 

7 ‘‘(iv) No investigation described in clause (i) (or hear8 ing described in clause (vi)) may be conducted with respect 

9 to information about a failure to meet a condition de10 scribed in clause (i), unless the Secretary receives the in11 formation not later than 12 months after the date of the 

12 alleged failure. 

13 ‘‘(v) The Secretary shall provide notice to an em14 ployer with respect to whom the Secretary has received 

15 information described in clause (i), prior to the commence16 ment of an investigation under such clause, of the receipt 

17 of the information and of the potential for an investiga18 tion. 

19 ‘‘(vi) If the Secretary determines under this subpara20 graph that a reasonable basis exists to make a finding that 

21 a failure described in clause (i) has occurred, the Secretary 

22 shall provide for notice of such determination to the inter23 ested parties and an opportunity for a hearing, in accord24 ance with section 556 of title 5, United States Code, with25 in 60 days after the date of the determination. If such
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1 a hearing is requested, the Secretary shall make a finding 

2 concerning the matter by not later than 60 days after the 

3 date of the hearing. 

4 ‘‘(G) The Secretary of Homeland Security and the 

5 Secretary of Labor shall jointly submit to Congress an an6 nual report on the use of L–1 workers. Such report shall 

7 include the following: 

8 ‘‘(i) Information on violations of conditions of 

9 entry of such workers by their employers, including 

10 information on complaints of such violations and 

11 their disposition, the imposition of civil penalties and 

12 disbarments, back pay awards, and other remedies 

13 obtained. 

14 ‘‘(ii) Information on the list compiled under 

15 paragraph (1) on applications under this subsection. 

16 ‘‘(H) Nothing in this subsection shall be construed 

17 as superseding or preempting any other enforcement-re18 lated authority under this Act (such as the authorities 

19 under section 274B), or any other Act. 

20 ‘‘(3) For purposes of this subsection: 

21 ‘‘(A) The term ‘area of employment’ means the 

22 area within normal commuting distance of the work23 site or physical location where the work of the L–

24 1 nonimmigrant is or will be performed. If such 

25 worksite or location is within a Metropolitan Statis-
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1 tical Area, any place within such area is deemed to 

2 be within the area of employment. 

3 ‘‘(B) In the case of an application with respect 

4 to one or more L–1 nonimmigrants by an employer, 

5 the employer is considered to ‘displace’ a United 

6 States worker from a job if the employer lays off the 

7 worker from a job that is essentially the equivalent 

8 of the job for which the nonimmigrant or non9 immigrants is or are sought. A job shall not be con10 sidered to be essentially equivalent of another job 

11 unless it involves essentially the same responsibil12 ities, was held by a United States worker with sub13 stantially equivalent qualifications and experience, 

14 and is located in the same area of employment as 

15 the other job. 

16 ‘‘(C) The term ‘L–1 nonimmigrant’ means an 

17 alien admitted or provided status as a principal non18 immigrant described in section 101(a)(15)(L)(i). 

19 ‘‘(D)(i) The term ‘lays off’, with respect to a 

20 worker—

21 ‘‘(I) means to cause the worker’s loss of 

22 employment, other than through a discharge for 

23 inadequate performance, violation of workplace 

24 rules, cause, voluntary departure, voluntary re25 tirement, or the expiration of a grant or con-
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1 tract (other than a temporary employment con2 tract entered into in order to evade a condition 

3 described in subparagraph (E) of paragraph 

4 (1)); 

5 ‘‘(II) includes a significant change or dimi6 nution of duties of employment; but 

7 ‘‘(III) does not include any situation in 

8 which the worker is offered, as an alternative to 

9 such loss of employment, a similar employment 

10 opportunity with no significant change or dimi11 nution of duties with the same employer at 

12 equivalent or higher compensation and benefits 

13 than the position from which the employee was 

14 discharged, regardless of whether or not the 

15 employee accepts the offer. 

16 ‘‘(ii) Nothing in this subparagraph is intended 

17 to limit an employee’s rights under a collective bar18 gaining agreement or other employment contract. 

19 ‘‘(E) The term ‘United States worker’ means 

20 an employee who—

21 ‘‘(i) is a citizen or national of the United 

22 States; or 

23 ‘‘(ii) is an alien who is lawfully admitted 

24 for permanent residence, is admitted as a ref25 ugee under section 207, is granted asylum 
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1 under section 208, or is an immigrant otherwise 

2 authorized, by this Act or by the Secretary of 

3 Homeland Security, to be employed. 

4 ‘‘(4)(A) This paragraph shall apply instead of sub5 paragraphs (A) through (E) of paragraph (2) in the case 

6 of a violation described in subparagraph (B), but shall not 

7 be construed to limit or affect the authority of the Sec8 retary or the Secretary of Homeland Security with respect 

9 to any other violation. 

10 ‘‘(B) The Secretary of Homeland Security shall es11 tablish a process for the receipt, initial review, and disposi12 tion in accordance with this paragraph of complaints re13 specting an employer’s failure to meet the condition of 

14 paragraph (1)(F)(i)(II) or a petitioner’s misrepresentation 

15 of material facts with respect to such condition. Com16 plaints may be filed by an aggrieved individual who has 

17 submitted a re ́sume ́ or otherwise applied in a reasonable 

18 manner for the job that is the subject of the condition. 

19 No proceeding shall be conducted under this paragraph 

20 on a complaint concerning such a failure or misrepresenta21 tion unless the Secretary of Homeland Security deter22 mines that the complaint was filed not later than 12 

23 months after the date of the failure or misrepresentation, 

24 respectively.’’.
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1 (b) LIABILITY FOR COSTS OF RETURN.—Section 

2 214(c)(5)(A) of such Act (8 U.S.C. 1184(c)(5)(A)) is 

3 amended by inserting ‘‘or 101(a)(15)(L)’’ after 

4 ‘‘101(a)(15)(H)(ii)(b)’’. 

5 (c) APPLICATION OF FEE.—

6 (1) IMPOSITION OF FEE.—Section 214(c)(9) of 

7 such Act (8 U.S.C. 1184(c)(9)) is amended by add8 ing at the end the following new subparagraph: 

9 ‘‘(D) The previous provisions of this paragraph shall 

10 apply to a nonimmigrant status described in section 

11 101(a)(15)(L) in the same manner as it applies to a 

12 nonimigrant status described in section 101(a)(15)(H)(i), 

13 except that fees so collected shall be deposited in the 

14 Treasury in accordance with section 286(v).’’. 

15 (2) DEPOSIT AND USE OF FEES.—Section 286 

16 of such Act (8 U.S.C. 1356) is amended—

17 (A) in subsection (s)(1), by inserting 

18 ‘‘(other than under subparagraph (D) thereof)’’ 

19 after ‘‘214(c)(9)’’; and 

20 (B) by adding at the end the following new 

21 subsection: 

22 ‘‘(v) L–1B NONIMMIGRANT PETITIONER AC23 COUNT.—

24 ‘‘(1) IN GENERAL.—There is established in the 

25 general fund of the Treasury a separate account, 
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1 which shall be known as the ‘L–1 Nonimmigrant Pe2 titioner Account’. Notwithstanding any other section 

3 of this title, there shall be deposited as offsetting re4 ceipts into the account all fees collected under sec5 tion 214(c)(9)(D). 

6 ‘‘(2) USE OF FEES FOR DATA PROCESSING.—30 

7 percent of amounts deposited into the L–1 Non8 immigrant Petitioner Account shall remain available 

9 to the Bureau of Citizenship and Immigration Serv10 ices in the Department of Homeland Security for 

11 processing and data collection. 

12 ‘‘(3) USE OF FEES FOR LABOR ENFORCE13 MENT.—40 percent of amounts deposited into the 

14 L–1 Nonimmigrant Petitioner Account shall remain 

15 available to the Secretary of Labor for enforcement 

16 activities. 

17 ‘‘(4) USE OF FEES FOR TRAINING AND EDU18 CATION OF US WORKERS.—30 percent of amounts 

19 deposited into the L–1 Nonimmigrant Petitioner Ac20 count shall remain available to the Secretary of 

21 Labor for training and education of United States 

22 workers.’’. 

23 (d) APPLICATION OF ANNUAL CAP.—Section 214 of 

24 such Act (8 U.S.C. 1184) is amended by adding at the 

25 end the following new subsection: 
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1 ‘‘(q)(1) The total number of aliens who may be issued 

2 visas or otherwise provided nonimmigrant status during 

3 any fiscal year (beginning with fiscal year 2004) under 

4 section 101(a)(15)(L, may not exceed 35,000. 

5 ‘‘(2) The numerical limitations of paragraph (1) shall 

6 only apply to principal aliens and not to the spouses or 

7 children of such aliens. 

8 ‘‘(3) In the case of a nonimmigrant described in sec9 tion 101(a)(15)(H)(i)(b), the period of authorized admis10 sion as such a nonimmigrant may not exceed 3 years. 

11 ‘‘(4) The numerical limitations contained in para12 graph (1)(A) shall not apply to any nonimmigrant alien 

13 issued a visa or otherwise provided status under section 

14 101(a)(15)(L) who is employed (or has received an offer 

15 of employment) at—

16 ‘‘(A) an institution of higher education (as de17 fined in section 101(a) of the Higher Education Act 

18 of 1965 (20 U.S.C. 1001(a))), or a related or affili19 ated nonprofit entity; or 

20 ‘‘(B) a nonprofit research organization or a 

21 governmental research organization.’’. 

22 (e) CORPORATE RESTRUCTURING.—Section 

23 214(c)(10) of such Act (8 U.S.C. 1184(c)(10)) is amended 

24 by inserting ‘‘or L–1 petition’’ after ‘‘H–1B petition’’. 
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1 (f) STRIKING OUT BLANKET VISAS.—Section 

2 214(c)(2) of such Act (8 U.S.C. 1184(c)(2)) is amended 

3 by amending subparagraph (A) to read as follows: 

4 ‘‘(2)(A) The Secretary of Homeland Security shall 

5 not permit the use of blanket petitions to import aliens 

6 as nonimmigrants under section 101(a)(15)(L).’’. 

7 (g) QUALIFICATIONS.—Section 214(c)(2)(B) of such 

8 Act (8 U.S.C. 1184(c)(2)(B)) is amended by striking the 

9 period at the end and inserting the following: ‘‘and has 

10 attained a bachelor’s or higher degress in the area of spe11 cial knowledge. For purposes of this subparagraph, the 

12 term ‘bachelor’s degree (or higher degree)’ includes a for13 eign degree that is a recognized foreign equivalent of a 

14 bachelor’s degree (or higher degree). In the case of an 

15 alien obtaining a foreign degree, any determination with 

16 respect to the equivalence of that degree to a degree ob17 tained in the United States shall be made by the Secretary 

18 of State. In carrying out the preceding sentence, the Sec19 retary of State shall verify the authenticity of any foreign 

20 educational credential proffered by an alien.’’. 

21 (h) PRIOR EMPLOYMENT REQUIREMENT.—Section 

22 101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)) is 

23 amended—

24 (1) by striking ‘‘within 3 years’’ and inserting 

25 ‘‘during 2 of the past 3 years’’; and 
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1 (2) by striking ‘‘has been employed continu2 ously for one year by a firm or corporation’’ and in3 serting ‘‘has been employed continuously on a full4 time basis for 2 years by the firm or corporation’’. 

5 (i) EFFECTIVE DATE.—Except as otherwise pro6 vided, the amendments made by this section shall apply 

7 to applications for nonimmigrant status filed on or after 

8 the first day of the first fiscal year beginning after the 

9 date of the enactment of this Act.

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