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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 979

To amend the Immigration and Nationality Act to reform and reduce fraud 
 and abuse in certain visa programs for aliens working temporarily in 
               the United States, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2023

Mr. Durbin (for himself, Mr. Grassley, Mr. Sanders, Mr. Tuberville, Mr. 
  Brown, and Mr. Blumenthal) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to reform and reduce fraud 
 and abuse in certain visa programs for aliens working temporarily in 
               the United States, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``H-1B and L-1 Visa 
Reform Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
             TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS

           Subtitle A--H-1B Employer Application Requirements

Sec. 101. Modification of application requirements.
Sec. 102. New application requirements.
Sec. 103. Application review requirements.
Sec. 104. H-1B visa allocation.
Sec. 105. H-1B workers employed by institutions of higher education.
Sec. 106. Specialty occupation to require an actual degree.
Sec. 107. Labor condition application fee.
Sec. 108. H-1B subpoena authority for the Department of Labor.
Sec. 109. Limitation on extension of H-1B petition.
Sec. 110. Elimination of B-1 visas in lieu of H-1 visas.
 Subtitle B--Investigation and Disposition of Complaints Against H-1B 
                               Employers

Sec. 111. General modification of procedures for investigation and 
                            disposition.
Sec. 112. Investigation, working conditions, and penalties.
Sec. 113. Waiver requirements.
Sec. 114. Initiation of investigations.
Sec. 115. Information sharing.
Sec. 116. Conforming amendment.
                     Subtitle C--Other Protections

Sec. 121. Posting available positions through the Department of Labor.
Sec. 122. Transparency and report on wage system.
Sec. 123. Requirements for information for H-1B and L-1 nonimmigrants.
Sec. 124. Additional Department of Labor employees.
Sec. 125. Technical correction.
Sec. 126. Application.
             TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS

Sec. 201. Prohibition on displacement of United States workers and 
                            restricting outplacement of L-1 
                            nonimmigrants.
Sec. 202. L-1 employer petition requirements for employment at new 
                            offices.
Sec. 203. Cooperation with Secretary of State.
Sec. 204. Investigation and disposition of complaints against L-1 
                            employers.
Sec. 205. Wage rate and working conditions for L-1 nonimmigrants.
Sec. 206. Penalties.
Sec. 207. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 208. Adjudication by Department of Homeland Security of petitions 
                            under blanket petition.
Sec. 209. Reports on employment-based nonimmigrants.
Sec. 210. Specialized knowledge.
Sec. 211. Technical amendments.
Sec. 212. Application.

             TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS

           Subtitle A--H-1B Employer Application Requirements

SEC. 101. MODIFICATION OF APPLICATION REQUIREMENTS.

    (a) General Application Requirements.--Section 212(n)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to 
read as follows:
            ``(A) The employer--
                    ``(i) is offering and will offer to H-1B 
                nonimmigrants, during the period of authorized 
                employment for each H-1B nonimmigrant, wages that are 
                determined based on the best information available at 
                the time the application is filed and which are not 
                less than the highest of--
                            ``(I) the locally determined prevailing 
                        wage level for the occupational classification 
                        in the area of employment;
                            ``(II) the median wage for all workers in 
                        the occupational classification in the area of 
                        employment; and
                            ``(III) the median wage for skill level 2 
                        in the occupational classification found in the 
                        most recent Occupational Employment Statistics 
                        survey; and
                    ``(ii) will provide working conditions for such H-
                1B nonimmigrant that will not adversely affect the 
                working conditions of United States workers similarly 
                employed by the employer or by an employer with which 
                such H-1B nonimmigrant is placed pursuant to a waiver 
                under paragraph (2)(E).''.
    (b) Internet Posting Requirement.--Section 212(n)(1)(C) of such Act 
(8 U.S.C. 1182(n)(1)(C)) is amended--
            (1) by redesignating clause (ii) as subclause (II);
            (2) by striking ``(i) has provided'' and inserting the 
        following:
                    ``(ii)(I) has provided''; and
            (3) by inserting before clause (ii), as redesignated by 
        paragraph (2), the following:
                    ``(i) has posted on the internet website described 
                in paragraph (3), for at least 30 calendar days, a 
                detailed description of each position for which a 
                nonimmigrant is sought that includes a description of--
                            ``(I) the wages and other terms and 
                        conditions of employment;
                            ``(II) the minimum education, training, 
                        experience, and other requirements for the 
                        position; and
                            ``(III) the process for applying for the 
                        position; and''.
    (c) Wage Determination Information.--Section 212(n)(1)(D) of such 
Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting ``the wage 
determination methodology used under subparagraph (A)(i),'' after 
``shall contain''.
    (d) Application of Requirements to All Employers.--
            (1) Nondisplacement.--Section 212(n)(1)(E) of such Act (8 
        U.S.C. 1182(n)(1)(E)) is amended to read as follows:
            ``(E)(i) The employer--
                    ``(I) will not at any time displace a United States 
                worker with 1 or more H-1B nonimmigrants; and
                    ``(II) did not displace and will not displace a 
                United States worker employed by the employer within 
                the period beginning 180 days before and ending 180 
                days after the date of the placement of the 
                nonimmigrant with the employer.
            ``(ii) The 180-day periods referred to in clause (i) may 
        not include any period of on-site or virtual training of H-1B 
        nonimmigrants by employees of the employer.''.
            (2) Recruitment.--Section 212(n)(1)(G)(i) of such Act (8 
        U.S.C. 1182(n)(1)(G)(i)) is amended by striking ``In the case 
        of an application described in subparagraph (E)(ii), subject'' 
        and inserting ``Subject''.
    (e) Waiver Requirement.--Section 212(n)(1)(F) of such Act (8 U.S.C. 
1182(n)(1)(F)) is amended to read as follows:
            ``(F) The employer will not place, outsource, lease, or 
        otherwise contract for the services or placement of H-1B 
        nonimmigrants with another employer, regardless of the physical 
        location where such services will be performed, unless the 
        employer of the alien has been granted a waiver under paragraph 
        (2)(E).''.

SEC. 102. NEW APPLICATION REQUIREMENTS.

    Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(1)), as amended by section 101, is further amended by inserting 
after subparagraph (G) the following:
            ``(H)(i) The employer, or a person or entity acting on the 
        employer's behalf, has not advertised any available position 
        specified in the application in an advertisement that states or 
        indicates that--
                    ``(I) such position is only available to an 
                individual who is or will be an H-1B nonimmigrant; or
                    ``(II) an individual who is or will be an H-1B 
                nonimmigrant shall receive priority or a preference in 
                the hiring process for such position.
            ``(ii) The employer has not primarily recruited individuals 
        who are or who will be H-1B nonimmigrants to fill such 
        position.
            ``(I) If the employer employs 50 or more employees in the 
        United States--
                    ``(i) the sum of the number of such employees who 
                are H-1B nonimmigrants plus the number of such 
                employees who are nonimmigrants described in section 
                101(a)(15)(L) does not exceed 50 percent of the total 
                number of employees; and
                    ``(ii) the employer's corporate organization has 
                not been restructured to evade the limitation under 
                clause (i).
            ``(J) If the employer, in such previous period as the 
        Secretary shall specify, employed 1 or more H-1B nonimmigrants, 
        the employer shall submit to the Secretary the Internal Revenue 
        Service Form W-2 Wage and Tax Statements filed by the employer 
        with respect to the H-1B nonimmigrants for such period.''.

SEC. 103. APPLICATION REVIEW REQUIREMENTS.

    (a) Technical Amendment.--Section 212(n)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)), as amended by sections 101 and 
102, is further amended, in the undesignated paragraph at the end, by 
striking ``The employer'' and inserting the following:
            ``(K) The employer.''.
    (b) Application Review Requirements.--Section 212(n)(1)(K), as 
designated by subsection (a), is amended--
            (1) in the fourth sentence, by inserting ``and through the 
        Department of Labor's website, without charge.'' after 
        ``D.C.'';
            (2) in the fifth sentence, by striking ``only for 
        completeness'' and inserting ``for completeness, indicators of 
        fraud or misrepresentation of material fact,'';
            (3) in the sixth sentence--
                    (A) by striking ``or obviously inaccurate'' and 
                inserting ``, presents indicators of fraud or 
                misrepresentation of material fact, or is obviously 
                inaccurate''; and
                    (B) by striking ``within 7 days of'' and inserting 
                ``not later than 14 days after''; and
            (4) by adding at the end the following: ``If the Secretary 
        of Labor's review of an application identifies indicators of 
        fraud or misrepresentation of material fact, the Secretary may 
        conduct an investigation and hearing in accordance with 
        paragraph (2).''.

SEC. 104. H-1B VISA ALLOCATION.

    Section 214(g)(3) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(3)), is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(A) Subject to subparagraph (B), aliens who are subject 
        to the numerical limitations under paragraph (1)(A) shall be 
        issued visas, or otherwise provided nonimmigrant status, in a 
        manner and order established by the Secretary of Homeland 
        Security, by regulation.''; and
            (2) by adding at the end the following:
            ``(B) The Secretary shall consider petitions for 
        nonimmigrant status under section 101(a)(15)(H)(i)(b) in the 
        following order:
                    ``(i) Petitions for nonimmigrants described in 
                section 101(a)(15)(F) who, while physically present in 
                the United States, have earned an advanced degree in a 
                field of science, technology, engineering, or 
                mathematics from a United States institution of higher 
                education (as defined in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a))) that has 
                been accredited by an accrediting entity that is 
                recognized by the Department of Education.
                    ``(ii) Petitions certifying that the employer will 
                be paying the nonimmigrant the median wage for skill 
                level 4 in the occupational classification found in the 
                most recent Occupational Employment Statistics survey.
                    ``(iii) Petitions for nonimmigrants described in 
                section 101(a)(15)(F) who are graduates of any other 
                advanced degree program, undertaken while physically 
                present in the United States, from an institution of 
                higher education described in clause (i).
                    ``(iv) Petitions certifying that the employer will 
                be paying the nonimmigrant the median wage for skill 
                level 3 in the occupational classification found in the 
                most recent Occupational Employment Statistics survey.
                    ``(v) Petitions for nonimmigrants described in 
                section 101(a)(15)(F) who are graduates of a bachelor's 
                degree program, undertaken while physically present in 
                the United States, in a field of science, technology, 
                engineering, or mathematics from an institution of 
                higher education described in clause (i).
                    ``(vi) Petitions for nonimmigrants described in 
                section 101(a)(15)(F) who are graduates of bachelor's 
                degree programs, undertaken while physically present in 
                the United States, in any other fields from an 
                institution of higher education described in clause 
                (i).
                    ``(vii) Petitions for aliens who will be working in 
                occupations listed in Group I of the Department of 
                Labor's Schedule A of occupations in which the 
                Secretary of Labor has determined there are not 
                sufficient United States workers who are able, willing, 
                qualified, and available.
                    ``(viii) Petitions filed by employers meeting the 
                following criteria of good corporate citizenship and 
                compliance with the immigration laws:
                            ``(I) The employer is in possession of--
                                    ``(aa) a valid E-Verify company 
                                identification number; 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 5 
                        years, that the employer violated the 
                        immigration laws or labor laws.
                            ``(IV) During each of the preceding 3 
                        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 3 
                        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.''.

SEC. 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)''.

SEC. 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 specialty directly related to the occupation as a 
        minimum for entry into the occupation in the United States.''; 
        and
            (2) by striking paragraph (2) and inserting the following:
    ``(2) For purposes of section 101(a)(15)(H)(i)(b), the requirements 
under this paragraph, with respect to a specialty occupation, are--
            ``(A) full State licensure to practice in the occupation, 
        if such licensure is required to practice in the occupation; or
            ``(B) if a license is not required to practice in the 
        occupation--
                    ``(i) completion of a United States degree 
                described in paragraph (1)(B) for the occupation; or
                    ``(ii) completion of a foreign degree that is 
                equivalent to a United States degree described in 
                paragraph (1)(B) for the occupation.''.

SEC. 107. LABOR CONDITION APPLICATION FEE.

    Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)), as amended by sections 101 through 103, is further amended by 
adding at the end the following:
    ``(6)(A) The Secretary of Labor shall promulgate a regulation that 
requires applicants under this subsection to pay a reasonable 
application processing fee.
    ``(B) All of the fees collected under this paragraph shall be 
deposited as offsetting receipts within the general fund of the 
Treasury in a separate account, which shall be known as the `H-1B 
Administration, Oversight, Investigation, and Enforcement Account' and 
shall remain available until expended. The Secretary of the Treasury 
shall refund amounts in such account to the Secretary of Labor for 
salaries and related expenses associated with the administration, 
oversight, investigation, and enforcement of the H-1B nonimmigrant visa 
program.''.

SEC. 108. H-1B SUBPOENA AUTHORITY FOR THE DEPARTMENT OF LABOR.

    Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)) is amended--
            (1) by redesignating subparagraph (I) as subparagraph (J); 
        and
            (2) by inserting after subparagraph (H) the following:
    ``(I) The Secretary of Labor is authorized to take such actions, 
including issuing subpoenas and seeking appropriate injunctive relief 
and specific performance of contractual obligations, as may be 
necessary to ensure employer compliance with the terms and conditions 
under this subsection. The rights and remedies provided to H-1B 
nonimmigrants under this subsection are in addition to any other 
contractual or statutory rights and remedies of such nonimmigrants and 
are not intended to alter or affect such rights and remedies.''.

SEC. 109. LIMITATION ON EXTENSION OF H-1B PETITION.

    Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(4)) is amended to read as follows:
    ``(4)(A) Except as provided in subparagraph (B), the period of 
authorized admission of a nonimmigrant described in section 
101(a)(15)(H)(i)(b) may not exceed 3 years.
    ``(B) The period of authorized admission of a nonimmigrant 
described in subparagraph (A) who is the beneficiary of an approved 
employment-based immigrant petition under section 204(a)(1)(F) may be 
authorized for a period of up to 3 additional years if the total period 
of stay does not exceed six years, except for an extension under 
section 104(c) or 106(b) of the American Competitiveness in the Twenty-
first Century Act of 2000 (8 U.S.C. 1184 note).''.

SEC. 110. ELIMINATION OF B-1 VISAS IN LIEU OF H-1 VISAS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(12) Unless otherwise authorized by law, an alien normally 
classifiable under section 101(a)(15)(H)(i) who seeks admission to the 
United States to provide services in a specialty occupation described 
in paragraph (1) or (3) of subsection (i) may not be issued a visa or 
admitted under section 101(a)(15)(B) for such purpose. Nothing in this 
paragraph may be construed to authorize the admission of an alien under 
section 101(a)(15)(B) who is coming to the United States for the 
purpose of performing skilled or unskilled labor if such admission is 
not otherwise authorized by law.''.

 Subtitle B--Investigation and Disposition of Complaints Against H-1B 
                               Employers

SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR INVESTIGATION AND 
              DISPOSITION.

    Section 212(n)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(A)) is amended--
            (1) by striking ``(A) Subject'' and inserting the 
        following:
    ``(A)(i) Subject'';
            (2) by striking ``12 months'' and inserting ``two years'';
            (3) by striking the last sentence; and
            (4) by adding at the end the following:
    ``(ii)(I) Upon the receipt of a complaint under clause (i), the 
Secretary may initiate an investigation to determine if such failure or 
misrepresentation has occurred.
    ``(II) In conducting an investigation under subclause (I), the 
Secretary may--
            ``(aa) conduct surveys of the degree to which employers 
        comply with the requirements under this subsection; and
            ``(bb) conduct compliance audits of employers that employ 
        H-1B nonimmigrants.
    ``(III) The Secretary shall--
            ``(aa) conduct annual compliance audits of not fewer than 1 
        percent of the employers that employ H-1B nonimmigrants during 
        the applicable calendar year;
            ``(bb) conduct annual compliance audits of each employer 
        with more than 100 employees who work in the United States if 
        more than 15 percent of such employees are H-1B nonimmigrants; 
        and
            ``(cc) make available to the public an executive summary or 
        report describing the general findings of the audits carried 
        out pursuant to this subclause.
    ``(iii) The process for receiving complaints under clause (i) shall 
include a hotline that is accessible 24 hours a day, by telephonic and 
electronic means.''.

SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.

    Section 212(n)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(C)) is amended--
            (1) in clause (i)--
                    (A) in the matter preceding subclause (I), by 
                striking ``a condition of paragraph (1)(B), (1)(E), or 
                (1)(F), a substantial failure to meet a condition of 
                paragraph (1)(C), (1)(D), or (1)(G)(i)(I)'' and 
                inserting ``a condition under subparagraph (A), (B), 
                (C), (D), (E), (F), (G)(i), (H), (I), or (J) of 
                paragraph (1)'';
                    (B) in subclause (I)--
                            (i) by striking ``$1,000'' and inserting 
                        ``$5,000''; and
                            (ii) by striking ``and'' at the end;
                    (C) in subclause (II)--
                            (i) by striking ``the Attorney General 
                        shall not approve petitions'' and inserting 
                        ``the Secretary of Homeland Security or the 
                        Secretary of State, as appropriate, shall not 
                        approve petitions or applications'';
                            (ii) by striking ``under section 204 or 
                        214(c)'' and inserting ``under section 
                        101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 
                        214(c), or 214(e)''; and
                            (iii) by striking the period at the end and 
                        inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(III) an employer that violates paragraph (1)(A) shall be 
        liable to the employees harmed by such violation for lost wages 
        and benefits.'';
            (2) in clause (ii)--
                    (A) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by striking ``$5,000'' and inserting 
                        ``$25,000'';
                    (B) in subclause (II)--
                            (i) by striking ``the Attorney General 
                        shall not approve petitions'' and inserting 
                        ``the Secretary of Homeland Security or the 
                        Secretary of State, as appropriate, shall not 
                        approve petitions or applications'';
                            (ii) by striking ``under section 204 or 
                        214(c)'' and inserting ``under section 
                        101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 
                        214(c), or 214(e)''; and
                            (iii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(III) an employer that violates paragraph (1)(A) shall be 
        liable to the employees harmed by such violation for lost wages 
        and benefits.'';
            (3) in clause (iii)--
                    (A) in the matter preceding subclause (I), by 
                striking ``the employer displaced a United States 
                worker employed by the employer within the period 
                beginning 90 days before and ending 90 days after the 
                date of filing of any visa petition supported by the 
                application'' and inserting ``a United States worker 
                employed at a worksite that the employer supplies with 
                nonimmigrant workers was displaced in violation of 
                paragraph (1)(E) or the conditions of a waiver under 
                subparagraph (E)'';
                    (B) in subclause (I)--
                            (i) by striking ``may'' and inserting 
                        ``shall'';
                            (ii) by striking ``$35,000'' and inserting 
                        ``$150,000''; and
                            (iii) by striking ``and'' at the end;
                    (C) in subclause (II)--
                            (i) by striking ``the Attorney General 
                        shall not approve petitions'' and inserting 
                        ``the Secretary of Homeland Security or the 
                        Secretary of State, as appropriate, shall not 
                        approve petitions or applications'';
                            (ii) by striking ``under section 204 or 
                        214(c)'' and inserting ``under section 
                        101(a)(15)(E)(iii), 101(a)(15)(H)(i)(b1), 204, 
                        214(c), or 214(e)''; and
                            (iii) by striking the period at the end and 
                        inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(III) an employer that violates paragraph (1)(A) shall be 
        liable to the employees harmed by such violation for lost wages 
        and benefits.'';
            (4) by striking clause (iv) and inserting the following:
    ``(iv)(I) An employer that has filed an application under this 
subsection violates this clause by taking, failing to take, or 
threatening to take or fail to take a personnel action, or 
intimidating, threatening, restraining, coercing, blacklisting, 
discharging, or discriminating in any other manner against an employee 
because the employee--
            ``(aa) disclosed information that the employee reasonably 
        believes evidences a violation of this subsection or any rule 
        or regulation pertaining to this subsection; or
            ``(bb) cooperated or sought to cooperate with the 
        requirements under this subsection or any rule or regulation 
        pertaining to this subsection.
    ``(II) In this subparagraph, the term `employee' includes--
            ``(aa) a current employee;
            ``(bb) a former employee; and
            ``(cc) an applicant for employment.
    ``(III) An employer that violates this clause shall be liable to 
the employee harmed by such violation for lost wages and benefits.''; 
and
            (5) in clause (v)--
                    (A) by inserting ``(I)'' after ``(v)''; and
                    (B) by adding at the end the following:
    ``(II) Upon the termination of an H-1B nonimmigrant's employment on 
account of such alien's disclosure of information or cooperation in an 
investigation described in clause (iv), the nonimmigrant stay of any 
beneficiary and any dependents listed on the beneficiary's petition 
will be authorized and the alien will not accrue any period of unlawful 
presence under section 212(a)(9) for a 90-day period or until the 
expiration of the authorized validity period, whichever comes first, 
following the date of such termination for the purpose of departure or 
extension of nonimmigrant status based upon a subsequent offer of 
employment.''; and
            (6) in clause (vi)--
                    (A) by amending subclause (I) to read as follows:
    ``(I) It is a violation of this clause for an employer that has 
filed an application under this subsection--
            ``(aa) to require an H-1B nonimmigrant to pay a penalty or 
        liquidated damages for ceasing employment with the employer 
        before a date agreed to by the nonimmigrant and the employer; 
        or
            ``(bb) to fail to offer to an H-1B nonimmigrant, during the 
        nonimmigrant's period of authorized employment, on the same 
        basis, and in accordance with the same criteria, as the 
        employer offers to United States workers, benefits and 
        eligibility for benefits, including--
                    ``(AA) the opportunity to participate in health, 
                life, disability, and other insurance plans;
                    ``(BB) the opportunity to participate in retirement 
                and savings plans; and
                    ``(CC) cash bonuses and noncash compensation, such 
                as stock options (whether or not based on 
                performance).''; and
                    (B) in subclause (III), by striking ``$1,000'' and 
                inserting ``$5,000''.

SEC. 113. WAIVER REQUIREMENTS.

    (a) In General.--Section 212(n)(2)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(2)(E)) is amended to read as follows:
    ``(E)(i) The Secretary of Labor may waive the prohibition under 
paragraph (1)(F) if the Secretary determines that the employer seeking 
such waiver has established that--
            ``(I) the employer with which the H-1B nonimmigrant would 
        be placed--
                    ``(aa) will not at any time displace a United 
                States worker with 1 or more H-1B nonimmigrants; and
                    ``(bb) has not displaced and will not displace a 
                United States worker employed by the employer within 
                the period beginning 180 days before the date of the 
                placement of the nonimmigrant with the employer and 
                ending 180 days after such date (not including any 
                period of on-site or virtual training of H-1B 
                nonimmigrants by employees of the employer);
            ``(II) the H-1B nonimmigrant will be principally controlled 
        and supervised by the petitioning employer; and
            ``(III) the placement of the H-1B nonimmigrant is not 
        essentially an arrangement to provide labor for hire for the 
        employer with which the H-1B nonimmigrant will be placed.
    ``(ii) The Secretary shall grant or deny a waiver under this 
subparagraph not later than seven days after the date on which the 
Secretary receives an application for such waiver.''.
    (b) Rulemaking.--
            (1) Rules for waivers.--The Secretary of Labor, after 
        notice and a period for comment, shall promulgate a final rule 
        for an employer to apply for a waiver under section 
        212(n)(2)(E) of the Immigration and Nationality Act, as amended 
        by subsection (a).
            (2) Requirement for publication.--The Secretary of Labor 
        shall submit to Congress, and publish in the Federal Register 
        and in other appropriate media, a notice of the date on which 
        the rules required under paragraph (1) are promulgated.

SEC. 114. INITIATION OF INVESTIGATIONS.

    Section 212(n)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(G)) is amended--
            (1) in clause (i), by striking ``if the Secretary of 
        Labor'' and all that follows and inserting ``with regard to the 
        employer's compliance with the requirements under this 
        subsection.'';
            (2) in clause (ii), by striking ``and whose identity'' and 
        all that follows through ``failure or failures.'' and inserting 
        ``the Secretary may conduct an investigation into the 
        employer's compliance with the requirements under this 
        subsection.'';
            (3) in clause (iii), by striking the last sentence;
            (4) by striking clauses (iv) and (v);
            (5) by redesignating clauses (vi), (vii), and (viii) as 
        clauses (iv), (v), and (vi), respectively;
            (6) in clause (iv), as redesignated, by striking ``meet a 
        condition described in clause (ii), unless the Secretary of 
        Labor receives the information not later than 12 months'' and 
        inserting ``comply with the requirements under this subsection 
        unless the Secretary of Labor receives the information not 
        later than 2 years'';
            (7) by amending clause (v), as redesignated, to read as 
        follows:
    ``(v)(I) Except as provided in subclause (II), the Secretary of 
Labor shall provide notice to an employer of the intent to conduct an 
investigation under this subparagraph. Such notice shall be provided in 
such a manner, and shall contain sufficient detail, to permit the 
employer to respond to the allegations before an investigation is 
commenced.
    ``(II) The Secretary of Labor is not required to comply with 
subclause (I) if the Secretary determines that such compliance would 
interfere with an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements under this subsection.
    ``(III) A determination by the Secretary of Labor under this clause 
shall not be subject to judicial review.'';
            (8) in clause (vi), as redesignated, by striking ``An 
        investigation'' and all that follows through ``the 
        determination.'' and inserting ``If the Secretary of Labor, 
        after an investigation under clause (i) or (ii), determines 
        that a reasonable basis exists to make a finding that the 
        employer has failed to comply with the requirements under this 
        subsection, the Secretary, not later than 120 days after the 
        date of such determination, shall provide interested parties 
        with notice of such determination and an opportunity for a 
        hearing in accordance with section 556 of title 5, United 
        States Code.''; and
            (9) by adding at the end the following:
    ``(vii) If the Secretary of Labor, after a hearing, finds a 
reasonable basis to believe that the employer has violated the 
requirements under this subsection, the Secretary shall impose a 
penalty in accordance with subparagraph (C).''.

SEC. 115. INFORMATION SHARING.

    Section 212(n)(2)(H) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(H)) is amended to read as follows:
    ``(H) The Director of U.S. Citizenship and Immigration Services 
shall provide the Secretary of Labor with any information contained in 
the materials submitted by employers of H-1B nonimmigrants as part of 
the petition adjudication process that indicates that the employer is 
not complying with visa program requirements for H-1B nonimmigrants. 
The Secretary may initiate and conduct an investigation and hearing 
under this paragraph after receiving information of noncompliance under 
this subparagraph.''.

SEC. 116. CONFORMING AMENDMENT.

    Section 212(n)(2)(F) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)(F)) is amended by striking ``The preceding sentence 
shall apply to an employer regardless of whether or not the employer is 
an H-1B-dependent employer.''.

                     Subtitle C--Other Protections

SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR.

    (a) Department of Labor Website.--Section 212(n)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is amended to 
read as follows:
    ``(3)(A) Not later than 90 days after the date of the enactment of 
the H-1B and L-1 Visa Reform Act of 2023, the Secretary of Labor shall 
establish a searchable internet website for posting positions in 
accordance with paragraph (1)(C) that is available to the public 
without charge.
    ``(B) The Secretary may work with private companies or nonprofit 
organizations to develop and operate the internet website described in 
subparagraph (A).
    ``(C) The Secretary may promulgate rules, after notice and a period 
for comment, to carry out this paragraph.''.
    (b) Publication Requirement.--The Secretary of Labor shall submit 
to Congress, and publish in the Federal Register and in other 
appropriate media, a notice of the date on which the internet website 
required under section 212(n)(3) of the Immigration and Nationality 
Act, as amended by subsection (a), will be operational.
    (c) Application.--The amendment made by subsection (a) shall apply 
to any application filed on or after the date that is 30 days after the 
date described in subsection (b).

SEC. 122. TRANSPARENCY AND REPORT ON WAGE SYSTEM.

    (a) Immigration Documents.--Section 204 of the Immigration and 
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the 
following:
    ``(m) Employer To Provide Immigration Paperwork Exchanged With 
Federal Agencies.--
            ``(1) In general.--Not later than 21 business days after 
        receiving a written request from a former, current, or 
        prospective employee listed as the beneficiary of an 
        employment-based nonimmigrant petition, the employer who filed 
        such petition shall provide such beneficiary with the original 
        (or a certified copy of the original) of all petitions, 
        notices, and other written communication exchanged between the 
        employer and the Department of Labor, the Department of 
        Homeland Security, or any other Federal agency or department 
        that is related to an immigrant or nonimmigrant petition filed 
        by the employer for such employee or beneficiary.
            ``(2) Withholding of financial or proprietary 
        information.--If a document required to be provided to an 
        employee or prospective employee under paragraph (1) includes 
        any sensitive financial or proprietary information of the 
        employer, the employer may redact such information from the 
        copies provided to such person.''.
    (b) GAO Report on Job Classification and Wage Determinations.--Not 
later than 1 year after the date of the enactment of this Act, the 
Comptroller General of the United States shall prepare a report that--
            (1) analyzes the accuracy and effectiveness of the 
        Secretary of Labor's current job classification and wage 
        determination system;
            (2) specifically addresses whether the systems in place 
        accurately reflect the complexity of current job types and 
        geographic wage differences; and
            (3) makes recommendations concerning necessary updates and 
        modifications.

SEC. 123. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1 NONIMMIGRANTS.

    Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), 
as amended by this Act, is further amended by adding at the end the 
following:
    ``(s) Requirements for Information for H-1B and L-1 
Nonimmigrants.--
            ``(1) In general.--Upon issuing a visa to an applicant, who 
        is outside the United States, for nonimmigrant status pursuant 
        to subparagraph (H)(i)(b) or (L) of section 101(a)(15), the 
        issuing office shall provide the applicant with--
                    ``(A) a brochure outlining the obligations of the 
                applicant's employer and the rights of the applicant 
                with regard to employment under Federal law, including 
                labor and wage protections;
                    ``(B) the contact information for appropriate 
                Federal agencies or departments that offer additional 
                information or assistance in clarifying such 
                obligations and rights; and
                    ``(C) a copy of the petition submitted for the 
                nonimmigrant under section 212(n) or the petition 
                submitted for the nonimmigrant under subsection 
                (c)(2)(A), as appropriate.
            ``(2) Applicants inside the united states.--Upon the 
        approval of an initial petition filed for an alien who is in 
        the United States and seeking status under subparagraph 
        (H)(i)(b) or (L) of section 101(a)(15), the Secretary of 
        Homeland Security shall provide the applicant with the material 
        described in subparagraphs (A), (B), and (C) of paragraph 
        (1).''.

SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

    (a) In General.--The Secretary of Labor is authorized to hire up to 
200 additional employees to administer, oversee, investigate, and 
enforce programs involving nonimmigrant employees described in section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)).
    (b) Source of Funds.--The cost of hiring the additional employees 
authorized to be hired under subsection (a) shall be recovered with 
funds from the H-1B Administration, Oversight, Investigation, and 
Enforcement Account established under section 212(n)(6) of the 
Immigration and Nationality Act, as added by section 107.

SEC. 125. TECHNICAL CORRECTION.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended by redesignating the second subsection (t), as added by 
section 1(b)(2)(B) of the Act entitled ``An Act to amend and extend the 
Irish Peace Process Cultural and Training Program Act of 1998'' (Public 
Law 108-449; 118 Stat. 3470), as subsection (u).

SEC. 126. APPLICATION.

    Except as specifically otherwise provided, the amendments made by 
this title shall apply to petitions and applications filed on or after 
the date of the enactment of this Act.

             TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS

SEC. 201. PROHIBITION ON DISPLACEMENT OF UNITED STATES WORKERS AND 
              RESTRICTING OUTPLACEMENT OF L-1 NONIMMIGRANTS.

    (a) Restriction on Outplacement of L-1 Workers.--Section 
214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)(F)) is amended to read as follows:
    ``(F)(i) Unless an employer receives a waiver under clause (ii), an 
employer may not employ an alien, for a cumulative period exceeding 1 
year, who--
            ``(I) will serve in a capacity involving specialized 
        knowledge with respect to an employer for purposes of section 
        101(a)(15)(L); and
            ``(II) will be stationed primarily at the worksite of an 
        employer other than the petitioning employer or its affiliate, 
        subsidiary, or parent, including pursuant to an outsourcing, 
        leasing, or other contracting agreement.
    ``(ii) The Secretary of Labor may grant a waiver of the 
requirements under clause (i) if the Secretary determines that the 
employer requesting such waiver has established that--
            ``(I) the employer with which the alien referred to in 
        clause (i) would be placed--
                    ``(aa) will not at any time displace (as defined in 
                section 212(n)(4)(B)) a United States worker (as 
                defined in section 212(n)(4)(E)) with 1 or more 
                nonimmigrants described in section 101(a)(15)(L); and
                    ``(bb) has not displaced and will not displace (as 
                defined in section 212(n)(4)(B)) a United States worker 
                (as defined in section 212(n)(4)(E)) employed by the 
                employer within the period beginning 180 days before 
                the date of the placement of such alien with the 
                employer and ending 180 days after such date (not 
                including any period of on-site or virtual training of 
                nonimmigrants described in section 101(a)(15)(L) by 
                employees of the employer);
            ``(II) such alien will be principally controlled and 
        supervised by the petitioning employer; and
            ``(III) the placement of the nonimmigrant is not 
        essentially an arrangement to provide labor for hire for an 
        unaffiliated employer with which the nonimmigrant will be 
        placed, rather than a placement in connection with the 
        provision of a product or service for which specialized 
        knowledge specific to the petitioning employer is necessary.
    ``(iii) The Secretary shall grant or deny a waiver under clause 
(ii) not later than seven days after the date on which the Secretary 
receives the application for the waiver.''.
    (b) Prohibition on Displacement of United States Workers.--Section 
214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) 
is amended by adding at the end the following:
    ``(G)(i) An employer importing an alien as a nonimmigrant under 
section 101(a)(15)(L)--
            ``(I) may not at any time displace (as defined in section 
        212(n)(4)(B)) a United States worker (as defined in section 
        212(n)(4)(E)) with 1 or more such nonimmigrants; and
            ``(II) may not displace (as defined in section 
        212(n)(4)(B)) a United States worker (as defined in section 
        212(n)(4)(E)) employed by the employer during the period 
        beginning 180 days before and ending 180 days after the date of 
        the placement of such a nonimmigrant with the employer.
    ``(ii) The 180-day periods referenced in clause (i) may not include 
any period of on-site or virtual training of nonimmigrants described in 
clause (i) by employees of the employer.''.
    (c) Rulemaking.--The Secretary of Homeland Security, after notice 
and a period for comment, shall promulgate rules for an employer to 
apply for a waiver under section 214(c)(2)(F)(ii), as added by 
subsection (a).

SEC. 202. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT AT NEW 
              OFFICES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by section 201, is further amended by adding at 
the end the following:
    ``(H)(i) If the beneficiary of a petition under this paragraph is 
coming to the United States to open, or to be employed in, a new 
office, the petition may be approved for up to 12 months only if--
            ``(I) the alien has not been the beneficiary of 2 or more 
        petitions under this subparagraph during the immediately 
        preceding 2 years; and
            ``(II) the employer operating the new office has--
                    ``(aa) an adequate business plan;
                    ``(bb) sufficient physical premises to carry out 
                the proposed business activities; and
                    ``(cc) the financial ability to commence doing 
                business immediately upon the approval of the petition.
    ``(ii) An extension of the approval period under clause (i) may not 
be granted until the importing employer submits an application to the 
Secretary of Homeland Security that contains--
            ``(I) evidence that the importing employer meets the 
        requirements of this subsection;
            ``(II) evidence that the beneficiary of the petition is 
        eligible for nonimmigrant status under section 101(a)(15)(L);
            ``(III) a statement summarizing the original petition;
            ``(IV) evidence that the importing employer has fully 
        complied with the business plan submitted under clause (i)(I);
            ``(V) evidence of the truthfulness of any representations 
        made in connection with the filing of the original petition;
            ``(VI) evidence that the importing employer, for the entire 
        period beginning on the date on which the petition was approved 
        under clause (i), has been doing business at the new office 
        through regular, systematic, and continuous provision of goods 
        and services;
            ``(VII) a statement of the duties the beneficiary has 
        performed at the new office during the approval period under 
        clause (i) and the duties the beneficiary will perform at the 
        new office during the extension period granted under this 
        clause;
            ``(VIII) a statement describing the staffing at the new 
        office, including the number of employees and the types of 
        positions held by such employees;
            ``(IX) evidence of wages paid to employees;
            ``(X) evidence of the financial status of the new office; 
        and
            ``(XI) any other evidence or data prescribed by the 
        Secretary.
    ``(iii) A new office employing the beneficiary of an L-1 petition 
approved under this paragraph shall do business only through regular, 
systematic, and continuous provision of goods and services for the 
entire period for which the petition is sought.
    ``(iv) Notwithstanding clause (ii), and subject to the maximum 
period of authorized admission set forth in subparagraph (D), the 
Secretary of Homeland Security, in the Secretary's discretion, may 
approve a subsequently filed petition on behalf of the beneficiary to 
continue employment at the office described in this subparagraph for a 
period beyond the initially granted 12-month period if the importing 
employer has been doing business at the new office through regular, 
systematic, and continuous provision of goods and services for the 6 
months immediately preceding the date of extension petition filing and 
demonstrates that the failure to satisfy any of the requirements 
described in those subclauses was directly caused by extraordinary 
circumstances, as determined by the Secretary in the Secretary's 
discretion.''.

SEC. 203. COOPERATION WITH SECRETARY OF STATE.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 201 and 202, is further amended by 
adding at the end the following:
    ``(I) The Secretary of Homeland Security shall work cooperatively 
with the Secretary of State to verify the existence or continued 
existence of a company or office in the United States or in a foreign 
country for purposes of approving petitions under this paragraph.''.

SEC. 204. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST L-1 
              EMPLOYERS.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 201 through 203, is further amended 
by adding at the end the following:
    ``(J)(i) The Secretary of Homeland Security may initiate an 
investigation of any employer that employs nonimmigrants described in 
section 101(a)(15)(L) with regard to the employer's compliance with the 
requirements under this subsection.
    ``(ii) If the Secretary receives specific credible information from 
a source who is likely to have knowledge of an employer's practices, 
employment conditions, or compliance with the requirements under this 
subsection, the Secretary may conduct an investigation into the 
employer's compliance with the requirements of this subsection. The 
Secretary may withhold the identity of the source from the employer, 
and the source's identity shall not be subject to disclosure under 
section 552 of title 5, United States Code.
    ``(iii) The Secretary shall establish a procedure for any person 
desiring to provide to the Secretary information described in clause 
(ii) that may be used, in whole or in part, as the basis for the 
commencement of an investigation described in such clause, to provide 
the information in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person.
    ``(iv) No investigation described in clause (ii) (or hearing 
described in clause (vi) based on such investigation) may be conducted 
with respect to information about a failure to comply with the 
requirements under this subsection, unless the Secretary receives the 
information not later than 24 months after the date of the alleged 
failure.
    ``(v) Before commencing an investigation of an employer under 
clause (i) or (ii), the Secretary shall provide notice to the employer 
of the intent to conduct such investigation. The notice shall be 
provided in such a manner, and shall contain sufficient detail, to 
permit the employer to respond to the allegations before an 
investigation is commenced. The Secretary is not required to comply 
with this clause if the Secretary determines that to do so would 
interfere with an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements of this subsection. 
There shall be no judicial review of a determination by the Secretary 
under this clause.
    ``(vi) If the Secretary, after an investigation under clause (i) or 
(ii), determines that a reasonable basis exists to make a finding that 
the employer has failed to comply with the requirements under this 
subsection, the Secretary shall provide the interested parties with 
notice of such determination and an opportunity for a hearing in 
accordance with section 556 of title 5, United States Code, not later 
than 120 days after the date of such determination. If such a hearing 
is requested, the Secretary shall make a finding concerning the matter 
by not later than 120 days after the date of the hearing.
    ``(vii) If the Secretary, after a hearing, finds a reasonable basis 
to believe that the employer has violated the requirements under this 
subsection, the Secretary shall impose a penalty under subparagraph 
(L).
    ``(viii)(I) The Secretary may conduct surveys of the degree to 
which employers comply with the requirements under this section.
    ``(II) The Secretary shall--
            ``(aa) conduct annual compliance audits of not less than 1 
        percent of the employers that employ nonimmigrants described in 
        section 101(a)(15)(L) during the applicable fiscal year;
            ``(bb) conduct annual compliance audits of each employer 
        with more than 100 employees who work in the United States if 
        more than 15 percent of such employees are nonimmigrants 
        described in section 101(a)(15)(L); and
            ``(cc) make available to the public an executive summary or 
        report describing the general findings of the audits carried 
        out pursuant to this subclause.
    ``(ix) The Secretary is authorized to take other such actions, 
including issuing subpoenas and seeking appropriate injunctive relief 
and specific performance of contractual obligations, as may be 
necessary to assure employer compliance with the terms and conditions 
under this paragraph. The rights and remedies provided to nonimmigrants 
described in section 101(a)(15)(L) under this paragraph are in addition 
to, and not in lieu of, any other contractual or statutory rights and 
remedies of such nonimmigrants, and are not intended to alter or affect 
such rights and remedies.''.

SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L-1 NONIMMIGRANTS.

    (a) In General.--Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
through 204, is further amended by adding at the end the following:
    ``(K)(i) An employer that employs a nonimmigrant described in 
section 101(a)(15)(L) for a cumulative period of time in excess of 1 
year shall--
            ``(I) offer such nonimmigrant, during the period of 
        authorized employment, wages, based on the best information 
        available at the time the application is filed, which are not 
        less than the highest of--
                    ``(aa) the locally determined prevailing wage level 
                for the occupational classification in the area of 
                employment;
                    ``(bb) the median wage for all workers in the 
                occupational classification in the area of employment; 
                and
                    ``(cc) the median wage for skill level 2 in the 
                occupational classification found in the most recent 
                Occupational Employment Statistics survey; and
            ``(II) provide working conditions for such nonimmigrant 
        that will not adversely affect the working conditions of 
        workers similarly employed by the employer or by an employer 
        with which such nonimmigrant is placed pursuant to a waiver 
        under subparagraph (F)(ii).
    ``(ii) If an employer, in such previous period specified by the 
Secretary of Homeland Security, employed 1 or more such nonimmigrants, 
the employer shall provide to the Secretary of Homeland Security the 
Internal Revenue Service Form W-2 Wage and Tax Statement filed by the 
employer with respect to such nonimmigrants for such period.
    ``(iii) It is a failure to meet a condition under this subparagraph 
for an employer who has filed a petition to import 1 or more aliens as 
nonimmigrants described in section 101(a)(15)(L)--
            ``(I) to require such a nonimmigrant to pay a penalty or 
        liquidated damages for ceasing employment with the employer 
        before a date mutually agreed to by the nonimmigrant and the 
        employer; or
            ``(II) to fail to offer to such a nonimmigrant, during the 
        nonimmigrant's period of authorized employment, on the same 
        basis, and in accordance with the same criteria, as the 
        employer offers to United States workers, benefits and 
        eligibility for benefits, including--
                    ``(aa) the opportunity to participate in health, 
                life, disability, and other insurance plans;
                    ``(bb) the opportunity to participate in retirement 
                and savings plans; and
                    ``(cc) cash bonuses and noncash compensation, such 
                as stock options (whether or not based on 
                performance).''.
    (b) Rulemaking.--The Secretary of Homeland Security, after notice 
and a period of comment and taking into consideration any special 
circumstances relating to intracompany transfers, shall promulgate 
rules to implement the requirements under section 214(c)(2)(K) of the 
Immigration and Nationality Act, as added by subsection (a).

SEC. 206. PENALTIES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 201 through 205, is further amended 
by adding at the end the following:
    ``(L)(i) If the Secretary of Homeland Security determines, after 
notice and an opportunity for a hearing, that an employer failed to 
meet a condition under subparagraph (F), (G), (K), or (M), or 
misrepresented a material fact in a petition to employ 1 or more aliens 
as nonimmigrants described in section 101(a)(15)(L)--
            ``(I) the Secretary shall impose such administrative 
        remedies (including civil monetary penalties in an amount not 
        to exceed $5,000 per violation) as the Secretary determines to 
        be appropriate;
            ``(II) the Secretary of Homeland Security or the Secretary 
        of State, as appropriate, shall not approve petitions or 
        applications filed with respect to that employer during a 
        period of at least 1 year for 1 or more aliens to be employed 
        as such nonimmigrants by the employer; and
            ``(III) in the case of a violation of subparagraph (K) or 
        (M), the employer shall be liable to the employees harmed by 
        such violation for lost wages and benefits.
    ``(ii) If the Secretary finds, after notice and an opportunity for 
a hearing, a willful failure by an employer to meet a condition under 
subparagraph (F), (G), (K), or (M) or a willful misrepresentation of 
material fact in a petition to employ 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L)--
            ``(I) the Secretary shall impose such administrative 
        remedies (including civil monetary penalties in an amount not 
        to exceed $25,000 per violation) as the Secretary determines to 
        be appropriate;
            ``(II) the Secretary of Homeland Security or the Secretary 
        of State, as appropriate, shall not approve petitions or 
        applications filed with respect to that employer during a 
        period of at least 2 years for 1 or more aliens to be employed 
        as such nonimmigrants by the employer; and
            ``(III) in the case of a violation of subparagraph (K) or 
        (M), the employer shall be liable to the employees harmed by 
        such violation for lost wages and benefits.''.

SEC. 207. PROHIBITION ON RETALIATION AGAINST L-1 NONIMMIGRANTS.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)), as amended by sections 201 through 206, is further amended 
by adding at the end the following:
    ``(M)(i) An employer that has filed a petition to import 1 or more 
aliens as nonimmigrants described in section 101(a)(15)(L) violates 
this subparagraph by taking, failing to take, or threatening to take or 
fail to take, a personnel action, or intimidating, threatening, 
restraining, coercing, blacklisting, discharging, or discriminating in 
any other manner against an employee because the employee--
            ``(I) has disclosed information that the employee 
        reasonably believes evidences a violation of this subsection, 
        or any rule or regulation pertaining to this subsection; or
            ``(II) cooperates or seeks to cooperate with the 
        requirements under this subsection, or any rule or regulation 
        pertaining to this subsection.
    ``(ii) Upon termination of the employment of an alien described in 
section 101(a)(15)(L) on account of actions by such alien described in 
subclauses (I) and (II) of clause (i), such alien's nonimmigrant stay 
and the stay of any beneficiary and any dependents listed on the 
beneficiary's petition or application will be authorized and the aliens 
will not accrue any period of unlawful presence under section 212(a)(9) 
for a 90-day period or upon the expiration of the authorized validity 
period, whichever comes first, following the date of such termination 
for the purpose of departure or extension of nonimmigrant status based 
upon a subsequent offer of employment.
    ``(iii) In this subparagraph, the term `employee' includes--
            ``(I) a current employee;
            ``(II) a former employee; and
            ``(III) an applicant for employment.''.

SEC. 208. ADJUDICATION BY DEPARTMENT OF HOMELAND SECURITY OF PETITIONS 
              UNDER BLANKET PETITION.

    (a) In General.--Section 214(c)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended to read as follows:
    ``(A) The Secretary of Homeland Security shall establish a 
procedure under which an importing employer that meets the requirements 
established by the Secretary may file a blanket petition with the 
Secretary to authorize aliens to enter the United States as 
nonimmigrants described in section 101(a)(15)(L) instead of filing 
individual petitions under paragraph (1) on behalf of such aliens. Such 
procedure shall permit--
            ``(i) the expedited adjudication by the Secretary of 
        Homeland Security of individual petitions covered under such 
        blanket petitions; and
            ``(ii) the expedited processing by the Secretary of State 
        of visas for admission of aliens covered under such blanket 
        petitions.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed on or after the date of the enactment of this 
Act.

SEC. 209. REPORTS ON EMPLOYMENT-BASED NONIMMIGRANTS.

    (a) In General.--Section 214(c)(8) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as follows--
    ``(8) The Secretary of Homeland Security or Secretary of State, as 
appropriate, shall submit an annual report to the Committee on the 
Judiciary of the Senate and the Committee on the Judiciary of the House 
of Representatives that describes, with respect to petitions under 
subsection (e) and each subcategory of subparagraphs (H), (L), (O), 
(P), and (Q) of section 101(a)(15)--
            ``(A) the number of such petitions (or applications for 
        admission, in the case of applications by Canadian nationals 
        seeking admission under subsection (e) or section 
        101(a)(15)(L)) which have been filed;
            ``(B) the number of such petitions which have been approved 
        and the number of workers (by occupation) included in such 
        approved petitions;
            ``(C) the number of such petitions which have been denied 
        and the number of workers (by occupation) requested in such 
        denied petitions;
            ``(D) the number of such petitions which have been 
        withdrawn;
            ``(E) the number of such petitions which are awaiting final 
        action;
            ``(F) the number of aliens in the United States under each 
        subcategory under section 101(a)(15)(H); and
            ``(G) the number of aliens in the United States under each 
        subcategory under section 101(a)(15)(L).''.
    (b) Nonimmigrant Characteristics Report.--Section 416(c) of the 
American Competitiveness and Workforce Improvement Act of 1998 (8 
U.S.C. 1184 note) is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) Annual h-1b nonimmigrant characteristics report.--The 
        Secretary of Homeland Security shall submit an annual report to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives that 
        contains--
                    ``(A) for the previous fiscal year--
                            ``(i) information on the countries of 
                        origin of, occupations of, educational levels 
                        attained by, and compensation paid to, aliens 
                        who were issued visas or provided nonimmigrant 
                        status under section 101(a)(15)(H)(i)(b) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(H)(i)(b));
                            ``(ii) a list of all employers who 
                        petitioned for H-1B workers, the number of such 
                        petitions filed and approved for each such 
                        employer, the occupational classifications for 
                        the approved positions, and the number of H-1B 
                        nonimmigrants for whom each such employer filed 
                        an employment-based immigrant petition pursuant 
                        to section 204(a)(1)(F) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
                            ``(iii) the number of employment-based 
                        immigrant petitions filed pursuant to such 
                        section 204(a)(1)(F) on behalf of H-1B 
                        nonimmigrants;
                    ``(B) a list of all employers for whom more than 15 
                percent of their United States workforce is H-1B or L-1 
                nonimmigrants;
                    ``(C) a list of all employers for whom more than 50 
                percent of their United States workforce is H-1B or L-1 
                nonimmigrants;
                    ``(D) a gender breakdown by occupation and by 
                country of origin of H-1B nonimmigrants;
                    ``(E) a list of all employers who have been granted 
                a waiver under section 214(n)(2)(E) of the Immigration 
                and Nationality Act (8 U.S.C. 1184(n)(2)(E)); and
                    ``(F) the number of H-1B nonimmigrants categorized 
                by their highest level of education and whether such 
                education was obtained in the United States or in a 
                foreign country.'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
            ``(3) Annual l-1 nonimmigrant characteristics report.--The 
        Secretary of Homeland Security shall submit an annual report to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives that 
        contains--
                    ``(A) for the previous fiscal year--
                            ``(i) information on the countries of 
                        origin of, occupations of, educational levels 
                        attained by, and compensation paid to, aliens 
                        who were issued visas or provided nonimmigrant 
                        status under section 101(a)(15)(L) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(15)(L));
                            ``(ii) a list of all employers who 
                        petitioned for L-1 workers, the number of such 
                        petitions filed and approved for each such 
                        employer, the occupational classifications for 
                        the approved positions, and the number of L-1 
                        nonimmigrants for whom each such employer filed 
                        an employment-based immigrant petition pursuant 
                        to section 204(a)(1)(F) of the Immigration and 
                        Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
                            ``(iii) the number of employment-based 
                        immigrant petitions filed pursuant to such 
                        section 204(a)(1)(F) on behalf of L-1 
                        nonimmigrants;
                    ``(B) a gender breakdown by occupation and by 
                country of L-1 nonimmigrants;
                    ``(C) a list of all employers who have been granted 
                a waiver under section 214(c)(2)(F)(ii) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1184(c)(2)(F)(ii));
                    ``(D) the number of L-1 nonimmigrants categorized 
                by their highest level of education and whether such 
                education was obtained in the United States or in a 
                foreign country;
                    ``(E) the number of applications that have been 
                filed for each subcategory of nonimmigrant described 
                under section 101(a)(15)(L) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(L)), based on an 
                approved blanket petition under section 214(c)(2)(A) of 
                such Act; and
                    ``(F) the number of applications that have been 
                approved for each subcategory of nonimmigrant described 
                under such section 101(a)(15)(L), based on an approved 
                blanket petition under such section 214(c)(2)(A).
            ``(4) Annual h-1b employer survey.--The Secretary of Labor 
        shall--
                    ``(A) conduct an annual survey of employers hiring 
                foreign nationals under the H-1B visa program; and
                    ``(B) issue an annual report that--
                            ``(i) describes the methods employers are 
                        using to meet the requirement under section 
                        212(n)(1)(G)(i) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(n)(1)(G)(i)) of 
                        taking good faith steps to recruit United 
                        States workers for the occupational 
                        classification for which the nonimmigrants are 
                        sought, using procedures that meet industry-
                        wide standards;
                            ``(ii) describes the best practices for 
                        recruiting among employers; and
                            ``(iii) contains recommendations on which 
                        recruiting steps employers can take to maximize 
                        the likelihood of hiring American workers.''; 
                        and
            (4) in paragraph (5), as redesignated, by striking 
        ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.

SEC. 210. SPECIALIZED KNOWLEDGE.

    Section 214(c)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(2)(B)) is amended to read as follows:
    ``(B)(i) For purposes of section 101(a)(15)(L), the term 
`specialized knowledge'--
            ``(I) means knowledge possessed by an individual whose 
        advanced level of expertise and proprietary knowledge of the 
        employer's product, service, research, equipment, techniques, 
        management, or other interests of the employer are not readily 
        available in the United States labor market;
            ``(II) is clearly unique from those held by others employed 
        in the same or similar occupations; and
            ``(III) does not apply to persons who have general 
        knowledge or expertise which enables them merely to produce a 
        product or provide a service.
    ``(ii)(I) The ownership of patented products or copyrighted works 
by a petitioner under section 101(a)(15)(L) does not establish that a 
particular employee has specialized knowledge. In order to meet the 
definition under clause (i), the beneficiary shall be a key person with 
knowledge that is critical for performance of the job duties and is 
protected from disclosure through patent, copyright, or company policy.
    ``(II) Unique procedures are not proprietary knowledge within this 
context unless the entire system and philosophy behind the procedures 
are clearly different from those of other firms, they are relatively 
complex, and they are protected from disclosure to competition.''.

SEC. 211. TECHNICAL AMENDMENTS.

    (a) Delegation of Authority.--Section 212(n)(5)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(5)(F)) is amended by 
striking ``Department of Justice'' and inserting ``Department of 
Homeland Security''.
    (b) Petitions for Certain Nonimmigrant Visas.--Section 214(c) of 
such Act (8 U.S.C. 1184(c)) is amended by striking ``Attorney General'' 
each place such term appears and inserting ``Secretary of Homeland 
Security''.

SEC. 212. APPLICATION.

    Except as otherwise specifically provided, the amendments made by 
this title shall apply to petitions and applications filed on or after 
the date of the enactment of this Act.
                                 <all>
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