II 

113TH CONGRESS 

1ST SESSION S. 600 

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 18, 2013 

Mr. GRASSLEY (for himself and Mr. BROWN) 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. 

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 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘H–1B and L–1 Visa Reform Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title. 

TITLE I—H–1B VISA FRAUD AND ABUSE PROTECTIONS 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•S 600 IS

Subtitle A—H–1B Employer Application Requirements 

Sec. 101. Modification of application requirements. 

Sec. 102. New application requirements. 

Sec. 103. Application review requirements. 

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. H–1B government authority and requirements. 

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 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 nonimmigrant. 

Sec. 206. Penalties. 

Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. 

Sec. 208. Reports on L–1 nonimmigrants. 

Sec. 209. Technical amendments. 

Sec. 210. Application. 

Sec. 211. Report on L–1 blanket petition process. 

1 TITLE I—H–1B VISA FRAUD AND 

2 ABUSE PROTECTIONS 

3 Subtitle A—H–1B Employer 

4 Application Requirements 

5 SEC. 101. MODIFICATION OF APPLICATION REQUIRE6 MENTS. 

7 (a) GENERAL APPLICATION REQUIREMENTS.—Sub8 paragraph (A) of section 212(n)(1) of the Immigration 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•S 600 IS

1 and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to 

2 read as follows: 

3 ‘‘(A) The employer— 

4 ‘‘(i) is offering and will offer to H–1B non5 immigrants, during the period of authorized 

6 employment for each H–1B nonimmigrant, 

7 wages that are determined based on the best in8 formation available at the time the application 

9 is filed and which are not less than the highest 

10 of— 

11 ‘‘(I) the locally determined prevailing 

12 wage level for the occupational classifica13 tion in the area of employment; 

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

15 workers in the occupational classification 

16 in the area of employment; and 

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

18 2 in the occupational classification found 

19 in the most recent Occupational Employ20 ment Statistics survey; and 

21 ‘‘(ii) will provide working conditions for 

22 such H–1B nonimmigrant that will not ad23 versely affect the working conditions of other 

24 workers similarly employed.’’. 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•S 600 IS

1 (b) INTERNET POSTING REQUIREMENT.—Subpara2 graph (C) of such section 212(n)(1) is amended— 

3 (1) by redesignating clause (ii) as subclause 

4 (II); 

5 (2) by striking ‘‘(i) has provided’’ and inserting 

6 the following: 

7 ‘‘(ii)(I) has provided’’; and 

8 (3) by inserting before clause (ii), as redesig9 nated by paragraph (2) of this subsection, the fol10 lowing: 

11 ‘‘(i) has posted on the Internet website de12 scribed in paragraph (3), for at least 30 cal13 endar days, a detailed description of each posi14 tion for which a nonimmigrant is sought that 

15 includes a description of— 

16 ‘‘(I) the wages and other terms and 

17 conditions of employment; 

18 ‘‘(II) the minimum education, train19 ing, experience, and other requirements for 

20 the position; and 

21 ‘‘(III) the process for applying for the 

22 position; and’’. 

23 (c) WAGE DETERMINATION INFORMATION.—Sub24 paragraph (D) of such section 212(n)(1) is amended by 


pwalker on DSK7TPTVN1PROD with BILLS
5 

•S 600 IS

1 inserting ‘‘the wage determination methodology used 

2 under subparagraph (A)(i),’’ after ‘‘shall contain’’. 

3 (d) APPLICATION OF REQUIREMENTS TO ALL EM4 PLOYERS.— 

5 (1) NONDISPLACEMENT.—Subparagraph (E) of 

6 such section 212(n)(1) is amended— 

7 (A) in clause (i)— 

8 (i) by striking ‘‘90 days’’ both places 

9 it appears and inserting ‘‘180 days’’; and 

10 (ii) by striking ‘‘(i) In the case of an 

11 application described in clause (ii), the’’ 

12 and inserting ‘‘The’’; and 

13 (B) by striking clause (ii). 

14 (2) RECRUITMENT.—Subparagraph (G)(i) of 

15 such section 212(n)(1) is amended by striking ‘‘In 

16 the case of an application described in subparagraph 

17 (E)(ii), subject’’ and inserting ‘‘Subject’’. 

18 (e) REQUIREMENT FOR WAIVER.—Subparagraph (F) 

19 of such section 212(n)(1) is amended to read as follows: 

20 ‘‘(F) The employer shall not place, outsource, 

21 lease, or otherwise contract for the services or place22 ment of H–1B nonimmigrants with another em23 ployer unless the employer of the alien has been 

24 granted a waiver under paragraph (2)(E).’’. 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•S 600 IS

1 SEC. 102. NEW APPLICATION REQUIREMENTS. 

2 Section 212(n)(1) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 

4 clause (ii) of subparagraph (G) the following: 

5 ‘‘(H)(i) The employer has not advertised any 

6 available position specified in the application in an 

7 advertisement that states or indicates that— 

8 ‘‘(I) such position is only available to an 

9 individual who is or will be an H–1B non10 immigrant; or 

11 ‘‘(II) an individual who is or will be an H– 

12 1B nonimmigrant shall receive priority or a 

13 preference in the hiring process for such posi14 tion. 

15 ‘‘(ii) The employer has not solely recruited indi16 viduals who are or who will be H–1B nonimmigrants 

17 to fill such position. 

18 ‘‘(I) If the employer employs 50 or more em19 ployees in the United States, the sum of the number 

20 of such employees who are H–1B nonimmigrants 

21 plus the number of such employees who are non22 immigrants described in section 101(a)(15)(L) may 

23 not exceed 50 percent of the total number of em24 ployees. 

25 ‘‘(J) If the employer, in such previous period as 

26 the Secretary shall specify, employed 1 or more H– 


pwalker on DSK7TPTVN1PROD with BILLS
7 

•S 600 IS

1 1B nonimmigrants, the employer shall submit to the 

2 Secretary the Internal Revenue Service Form W–2 

3 Wage and Tax Statement filed by the employer with 

4 respect to the H–1B nonimmigrants for such pe5 riod.’’. 

6 SEC. 103. APPLICATION REVIEW REQUIREMENTS. 

7 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1182(n)(1)), as amended by section 102, is further 

10 amended in the undesignated paragraph at the end, by 

11 striking ‘‘The employer’’ and inserting the following: 

12 ‘‘(K) The employer.’’. 

13 (b) APPLICATION REVIEW REQUIREMENTS.—Sub14 paragraph (K) of such section 212(n)(1), as designated 

15 by subsection (a), is amended— 

16 (1) by inserting ‘‘and through the Department 

17 of Labor’s website, without charge.’’ after ‘‘D.C.’’; 

18 (2) by striking ‘‘only for completeness’’ and in19 serting ‘‘for completeness and clear indicators of 

20 fraud or misrepresentation of material fact,’’; 

21 (3) by striking ‘‘or obviously inaccurate’’ and 

22 inserting ‘‘, presents clear indicators of fraud or 

23 misrepresentation of material fact, or is obviously in24 accurate’’; 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•S 600 IS

1 (4) by striking ‘‘within 7 days of’’ and inserting 

2 ‘‘not later than 14 days after’’; and 

3 (5) by adding at the end the following: ‘‘If the 

4 Secretary’s review of an application identifies clear 

5 indicators of fraud or misrepresentation of material 

6 fact, the Secretary may conduct an investigation and 

7 hearing in accordance with paragraph (2).’’. 

8 Subtitle B—Investigation and Dis9 position of Complaints Against 

10 H–1B Employers 

11 SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR 

12 INVESTIGATION AND DISPOSITION. 

13 Subparagraph (A) of section 212(n)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 

15 amended— 

16 (1) by striking ‘‘(A) Subject’’ and inserting 

17 ‘‘(A)(i) Subject’’; 

18 (2) by striking ‘‘12 months’’ and inserting ‘‘24 

19 months’’; 

20 (3) by striking the last sentence; and 

21 (4) by adding at the end the following: 

22 ‘‘(ii)(I) Upon the receipt of such a com23 plaint, the Secretary may initiate an investiga24 tion to determine if such a failure or misrepre25 sentation has occurred. 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•S 600 IS

1 ‘‘(II) The Secretary may conduct surveys 

2 of the degree to which employers comply with 

3 the requirements of this subsection and may 

4 conduct annual compliance audits of employers 

5 that employ H–1B nonimmigrants. 

6 ‘‘(III) The Secretary shall— 

7 ‘‘(aa) conduct annual compliance au8 dits of not less than 1 percent of the em9 ployers that employ H–1B nonimmigrants 

10 during the applicable calendar year; 

11 ‘‘(bb) conduct annual compliance au12 dits of each employer with more than 100 

13 employees who work in the United States 

14 if more than 15 percent of such employees 

15 are H–1B nonimmigrants; and 

16 ‘‘(cc) make available to the public an 

17 executive summary or report describing the 

18 general findings of the audits carried out 

19 pursuant to this subclause.’’. 

20 SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND 

21 PENALTIES. 

22 Subparagraph (C) of section 212(n)(2) of the Immi23 gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 

24 amended— 

25 (1) in clause (i)— 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•S 600 IS

1 (A) in the matter preceding subclause 

2 (I)— 

3 (i) by striking ‘‘a condition of para4 graph (1)(B), (1)(E), or (1)(F)’’ and in5 serting ‘‘a condition under subparagraph 

6 (A), (B), (C)(i), (E), (F), (G)(i)(I), (H), 

7 (I), or (J) of paragraph (1)’’; and 

8 (ii) by striking ‘‘(1)(C)’’ and inserting 

9 ‘‘(1)(C)(ii)’’; and 

10 (B) in subclause (I)— 

11 (i) by striking ‘‘$1,000’’ and inserting 

12 ‘‘$2,000’’; and 

13 (ii) by striking ‘‘and’’ at the end; 

14 (C) in subclause (II), by striking the pe15 riod at the end and inserting a semicolon and 

16 ‘‘and’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(III) an employer that violates such subpara19 graph (A) shall be liable to the employees harmed by 

20 such violations for lost wages and benefits.’’; and 

21 (2) in clause (ii)— 

22 (A) in subclause (I)— 

23 (i) by striking ‘‘may’’ and inserting 

24 ‘‘shall’’; and 


pwalker on DSK7TPTVN1PROD with BILLS
11 

•S 600 IS

1 (ii) by striking ‘‘$5,000’’ and insert2 ing ‘‘$10,000’’; and 

3 (B) in subclause (II), by striking the pe4 riod at the end and inserting a semicolon and 

5 ‘‘and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(III) an employer that violates such subpara8 graph (A) shall be liable to the employees harmed by 

9 such violations for lost wages and benefits.’’; 

10 (3) in clause (iii)— 

11 (A) in the matter preceding subclause (I), 

12 by striking ‘‘90 days’’ both places it appears 

13 and inserting ‘‘180 days’’; 

14 (B) in subclause (I)— 

15 (i) by striking ‘‘may’’ and inserting 

16 ‘‘shall’’; and 

17 (ii) by striking ‘‘and’’ at the end; 

18 (C) in subclause (II), by striking the pe19 riod at the end and inserting a semicolon and 

20 ‘‘and’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(III) an employer that violates subparagraph 

23 (A) of such paragraph shall be liable to the employ24 ees harmed by such violations for lost wages and 

25 benefits.’’; 


pwalker on DSK7TPTVN1PROD with BILLS
12 

•S 600 IS

1 (4) in clause (iv)— 

2 (A) by inserting ‘‘to take, fail to take, or 

3 threaten to take or fail to take, a personnel ac4 tion, or’’ before ‘‘to intimidate’’; 

5 (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(II) An employer that violates this clause shall 

8 be liable to the employees harmed by such violation 

9 for lost wages and benefits.’’; and 

10 (5) in clause (vi)— 

11 (A) by amending subclause (I) to read as 

12 follows: 

13 ‘‘(I) It is a violation of this clause for an em14 ployer who has filed an application under this sub15 section— 

16 ‘‘(aa) to require an H–1B nonimmigrant to 

17 pay a penalty for ceasing employment with the 

18 employer prior to a date agreed to by the non19 immigrant and the employer (the Secretary 

20 shall determine whether a required payment is 

21 a penalty, and not liquidated damages, pursu22 ant to relevant State law); and 

23 ‘‘(bb) to fail to offer to an H–1B non24 immigrant, during the nonimmigrant’s period of 

25 authorized employment, on the same basis, and 


pwalker on DSK7TPTVN1PROD with BILLS
13 

•S 600 IS

1 in accordance with the same criteria, as the em2 ployer offers to United States workers, benefits 

3 and eligibility for benefits, including— 

4 ‘‘(AA) the opportunity to participate 

5 in health, life, disability, and other insur6 ance plans; 

7 ‘‘(BB) the opportunity to participate 

8 in retirement and savings plans; and 

9 ‘‘(CC) cash bonuses and noncash com10 pensation, such as stock options (whether 

11 or not based on performance).’’; and 

12 (B) in subclause (III), by striking 

13 ‘‘$1,000’’ and inserting ‘‘$2,000’’. 

14 SEC. 113. WAIVER REQUIREMENTS. 

15 (a) IN GENERAL.—Subparagraph (E) of section 

16 212(n)(2) of the Immigration and Nationality Act (8 

17 U.S.C. 1182(n)(2)) is amended to read as follows: 

18 ‘‘(E)(i) The Secretary of Labor may waive the prohi19 bition in paragraph (1)(F) if the Secretary determines 

20 that the employer seeking the waiver has established 

21 that— 

22 ‘‘(I) the employer with whom the H–1B non23 immigrant would be placed has not displaced, and 

24 does not intend to displace, a United States worker 

25 employed by the employer within the period beginVerDate Mar 15 2010 01:10 Mar 24, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600

pwalker on DSK7TPTVN1PROD with BILLS
14 

•S 600 IS

1 ning 180 days before and ending 180 days after the 

2 date of the placement of the nonimmigrant with the 

3 employer; 

4 ‘‘(II) the H–1B nonimmigrant will not be con5 trolled and supervised principally by the employer 

6 with whom the H–1B nonimmigrant would be 

7 placed; and 

8 ‘‘(III) the placement of the H–1B non9 immigrant is not essentially an arrangement to pro10 vide labor for hire for the employer with whom the 

11 H–1B nonimmigrant will be placed. 

12 ‘‘(ii) The Secretary shall grant or deny a waiver 

13 under this subparagraph not later than 7 days after the 

14 Secretary receives the application for such waiver.’’. 

15 (b) REQUIREMENT FOR RULES.— 

16 (1) RULES FOR WAIVERS.—The Secretary of 

17 Labor shall promulgate rules, after notice and a pe18 riod for comment, for an employer to apply for a 

19 waiver under subparagraph (E) of section 212(n)(2) 

20 of such Act, as amended by subsection (a). 

21 (2) REQUIREMENT FOR PUBLICATION.—The 

22 Secretary of Labor shall submit to Congress and 

23 publish in the Federal Register and other appro24 priate media a notice of the date that rules required 

25 by paragraph (1) are published. 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•S 600 IS

1 SEC. 114. INITIATION OF INVESTIGATIONS. 

2 Subparagraph (G) of section 212(n)(2) of the Immi3 gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 

4 amended— 

5 (1) in clause (i), by striking ‘‘if the Secretary’’ 

6 and all that follows and inserting ‘‘with regard to 

7 the employer’s compliance with the requirements of 

8 this subsection.’’; 

9 (2) in clause (ii), by striking ‘‘and whose iden10 tity’’ and all that follows through ‘‘failure or fail11 ures.’’ and inserting ‘‘the Secretary of Labor may 

12 conduct an investigation into the employer’s compli13 ance with the requirements of this subsection.’’; 

14 (3) in clause (iii), by striking the last sentence; 

15 (4) by striking clauses (iv) and (v); 

16 (5) by redesignating clauses (vi), (vii), and (viii) 

17 as clauses (iv), (v), and (vi), respectively; 

18 (6) in clause (iv), as so redesignated, by strik19 ing ‘‘meet a condition described in clause (ii), unless 

20 the Secretary of Labor receives the information not 

21 later than 12 months’’ and inserting ‘‘comply with 

22 the requirements under this subsection, unless the 

23 Secretary of Labor receives the information not later 

24 than 24 months’’; 

25 (7) by amending clause (v), as so redesignated, 

26 to read as follows: 


pwalker on DSK7TPTVN1PROD with BILLS
16 

•S 600 IS

1 ‘‘(v) The Secretary of Labor shall provide no2 tice to an employer of the intent to conduct an in3 vestigation. The notice shall be provided in such a 

4 manner, and shall contain sufficient detail, to permit 

5 the employer to respond to the allegations before an 

6 investigation is commenced. The Secretary is not re7 quired to comply with this clause if the Secretary de8 termines that such compliance would interfere with 

9 an effort by the Secretary to investigate or secure 

10 compliance by the employer with the requirements of 

11 this subsection. A determination by the Secretary 

12 under this clause shall not be subject to judicial re13 view.’’; 

14 (8) in clause (vi), as so redesignated, by strik15 ing ‘‘An investigation’’ and all that follows through 

16 ‘‘the determination.’’ and inserting ‘‘If the Secretary 

17 of Labor, after an investigation under clause (i) or 

18 (ii), determines that a reasonable basis exists to 

19 make a finding that the employer has failed to com20 ply with the requirements under this subsection, the 

21 Secretary shall provide interested parties with notice 

22 of such determination and an opportunity for a 

23 hearing in accordance with section 556 of title 5, 

24 United States Code, not later than 120 days after 

25 the date of such determination.’’; and 


pwalker on DSK7TPTVN1PROD with BILLS
17 

•S 600 IS

1 (9) by adding at the end the following: 

2 ‘‘(vii) If the Secretary of Labor, after a hear3 ing, finds a reasonable basis to believe that the em4 ployer has violated the requirements under this sub5 section, the Secretary shall impose a penalty under 

6 subparagraph (C).’’. 

7 SEC. 115. INFORMATION SHARING. 

8 Subparagraph (H) of section 212(n)(2) of the Immi9 gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 

10 amended to read as follows: 

11 ‘‘(H) The Director of United States Citizenship and 

12 Immigration Services shall provide the Secretary of Labor 

13 with any information contained in the materials submitted 

14 by employers of H–1B nonimmigrants as part of the adju15 dication process that indicates that the employer is not 

16 complying with visa program requirements for H–1B non17 immigrants. The Secretary may initiate and conduct an 

18 investigation and hearing under this paragraph after re19 ceiving information of noncompliance under this subpara20 graph.’’. 

21 SEC. 116. CONFORMING AMENDMENT. 

22 Subparagraph (F) of section 212(n)(2) of the Immi23 gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 

24 amended by striking ‘‘The preceding sentence shall apply 


pwalker on DSK7TPTVN1PROD with BILLS
18 

•S 600 IS

1 to an employer regardless of whether or not the employer 

2 is an H–1B-dependent employer.’’. 

3 Subtitle C—Other Protections 

4 SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE 

5 DEPARTMENT OF LABOR. 

6 (a) DEPARTMENT OF LABOR WEBSITE.—Paragraph 

7 (3) of section 212(n) of the Immigration and Nationality 

8 Act (8 U.S.C. 1182(n)) is amended to read as follows: 

9 ‘‘(3)(A) Not later than 90 days after the date of the 

10 enactment of the H–1B and L–1 Visa Reform Act of 

11 2013, the Secretary of Labor shall establish a searchable 

12 Internet website for posting positions as required by para13 graph (1)(C). Such website shall be available to the public 

14 without charge. 

15 ‘‘(B) The Secretary may work with private companies 

16 or nonprofit organizations to develop and operate the 

17 Internet website described in subparagraph (A). 

18 ‘‘(C) The Secretary may promulgate rules, after no19 tice and a period for comment, to carry out the require20 ments of this paragraph.’’. 

21 (b) REQUIREMENT FOR PUBLICATION.—The Sec22 retary of Labor shall submit to Congress and publish in 

23 the Federal Register and other appropriate media a notice 

24 of the date that the Internet website required by paraVerDate Mar 15 2010 01:10 Mar 24, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600

pwalker on DSK7TPTVN1PROD with BILLS
19 

•S 600 IS

1 graph (3) of section 212(n) of such Act, as amended by 

2 subsection (a), will be operational. 

3 (c) APPLICATION.—The amendments made by sub4 section (a) shall apply to an application filed on or after 

5 the date that is 30 days after the date described in sub6 section (b). 

7 SEC. 122. H–1B GOVERNMENT AUTHORITY AND REQUIRE8 MENTS. 

9 (a) IMMIGRATION DOCUMENTS.—Section 204 of the 

10 Immigration and Nationality Act (8 U.S.C. 1154) is 

11 amended by adding at the end the following: 

12 ‘‘(m) EMPLOYER TO PROVIDE IMMIGRATION PAPER13 WORK EXCHANGED WITH FEDERAL AGENCIES.—Not 

14 later than 21 business days after receiving a written re15 quest from a former, current, or future employee or bene16 ficiary, an employer shall provide such employee or bene17 ficiary with the original (or a certified copy of the original) 

18 of all petitions, notices, and other written communication 

19 exchanged between the employer and the Department of 

20 Labor, the Department of Homeland Security, or any 

21 other Federal agency or department that is related to an 

22 immigrant or nonimmigrant petition filed by the employer 

23 for such employee or beneficiary.’’. 

24 (b) REPORT ON JOB CLASSIFICATION AND WAGE

25 DETERMINATIONS.—Not later than 1 year after the date 


pwalker on DSK7TPTVN1PROD with BILLS
20 

•S 600 IS

1 of the enactment of this Act, the Comptroller General of 

2 the United States shall prepare a report analyzing the ac3 curacy and effectiveness of the Secretary of Labor’s cur4 rent job classification and wage determination system. The 

5 report shall— 

6 (1) specifically address whether the systems in 

7 place accurately reflect the complexity of current job 

8 types as well as geographic wage differences; and 

9 (2) make recommendations concerning nec10 essary updates and modifications. 

11 SEC. 123. REQUIREMENTS FOR INFORMATION FOR H–1B 

12 AND L–1 NONIMMIGRANTS. 

13 Section 214 of the Immigration and Nationality Act 

14 (8 U.S.C. 1184) is amended by adding at the end the fol15 lowing: 

16 ‘‘(s) REQUIREMENTS FOR INFORMATION FOR H–1B 

17 AND L–1 NONIMMIGRANTS.— 

18 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

19 applicant for nonimmigrant status pursuant to sub20 paragraph (H)(i)(b) or (L) of section 101(a)(15) 

21 who is outside the United States, the issuing office 

22 shall provide the applicant with— 

23 ‘‘(A) a brochure outlining the obligations 

24 of the applicant’s employer and the rights of 

25 the applicant with regard to employment under 


pwalker on DSK7TPTVN1PROD with BILLS
21 

•S 600 IS

1 Federal law, including labor and wage protec2 tions; 

3 ‘‘(B) the contact information for appro4 priate Federal agencies or departments that 

5 offer additional information or assistance in 

6 clarifying such obligations and rights; and 

7 ‘‘(C) a copy of the application submitted 

8 for the nonimmigrant under section 212(n) or 

9 the petition submitted for the nonimmigrant 

10 under subsection (c)(2)(A), as appropriate. 

11 ‘‘(2) APPLICANTS INSIDE THE UNITED STATES.— 

12 Upon the issuance of a visa to an applicant referred to 

13 in paragraph (1) who is inside the United States, the 

14 issuing officer of the Department of Homeland Security 

15 shall provide the applicant with the material described in 

16 clauses (i), (ii), and (iii) of subparagraph (A).’’. 

17 SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOY18 EES. 

19 (a) IN GENERAL.—The Secretary of Labor is author20 ized to hire 200 additional employees to administer, over21 see, investigate, and enforce programs involving non22 immigrant employees described in section 

23 101(a)(15)(H)(i)(B). 


pwalker on DSK7TPTVN1PROD with BILLS
22 

•S 600 IS

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 125. TECHNICAL CORRECTION. 

5 Section 212 of the Immigration and Nationality Act 

6 (8 U.S.C. 1182) is amended by redesignating the second 

7 subsection (t), as added by section 1(b)(2)(B) of the Act 

8 entitled ‘‘An Act to amend and extend the Irish Peace 

9 Process Cultural and Training Program Act of 1998’’ 

10 (Public Law 108–449; 118 Stat. 3470), as subsection (u). 

11 SEC. 126. APPLICATION. 

12 Except as specifically otherwise provided, the amend13 ments made by this title shall apply to applications filed 

14 on or after the date of the enactment of this Act. 

15 TITLE II—L–1 VISA FRAUD AND 

16 ABUSE PROTECTIONS 

17 SEC. 201. PROHIBITION ON OUTPLACEMENT OF L–1 NON18 IMMIGRANTS. 

19 (a) IN GENERAL.—Subparagraph (F) of section 

20 214(c)(2) of the Immigration and Nationality Act (8 

21 U.S.C. 1184(c)(2)) is amended to read as follows: 

22 ‘‘(F)(i) Unless an employer receives a waiver under 

23 clause (ii), an employer may not employ an alien, for a 

24 cumulative period of more than 1 year, who— 


pwalker on DSK7TPTVN1PROD with BILLS
23 

•S 600 IS

1 ‘‘(I) will serve in a capacity involving specialized 

2 knowledge with respect to an employer for purposes 

3 of section 101(a)(15)(L); and 

4 ‘‘(II) will be stationed primarily at the worksite 

5 of an employer other than the petitioning employer 

6 or its affiliate, subsidiary, or parent, including pur7 suant to an outsourcing, leasing, or other con8 tracting agreement. 

9 ‘‘(ii) The Secretary of Homeland Security may grant 

10 a waiver of the requirements of clause (i) for an employer 

11 if the Secretary determines that the employer has estab12 lished that— 

13 ‘‘(I) the employer with whom the alien referred 

14 to in clause (i) would be placed has not displaced 

15 and does not intend to displace a United States 

16 worker employed by the employer within the period 

17 beginning 180 days after the date of the placement 

18 of such alien with the employer; 

19 ‘‘(II) such alien will not be controlled and su20 pervised principally by the employer with whom the 

21 nonimmigrant would be placed; and 

22 ‘‘(III) the placement of the nonimmigrant is not 

23 essentially an arrangement to provide labor for hire 

24 for an unaffiliated employer with whom the non25 immigrant will be placed, rather than a placement in 


pwalker on DSK7TPTVN1PROD with BILLS
24 

•S 600 IS

1 connection with the provision or a product or service 

2 for which specialized knowledge specific to the peti3 tioning employer is necessary. 

4 ‘‘(iii) The Secretary shall grant or deny a waiver 

5 under clause (ii) not later than 7 days after the date that 

6 the Secretary receives the application for the waiver.’’. 

7 (b) REGULATIONS.—The Secretary of Homeland Se8 curity shall promulgate rules, after notice and a period 

9 for comment, for an employer to apply for a waiver under 

10 subparagraph (F)(ii) of section 214(c)(2), as added by 

11 subsection (a). 

12 SEC. 202. L–1 EMPLOYER PETITION REQUIREMENTS FOR 

13 EMPLOYMENT AT NEW OFFICES. 

14 Section 214(c)(2) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184(c)(2)) is amended by adding at the 

16 end the following: 

17 ‘‘(G)(i) If the beneficiary of a petition under this 

18 paragraph is coming to the United States to open, or be 

19 employed in, a new office, the petition may be approved 

20 for up to 12 months only if— 

21 ‘‘(I) the alien has not been the beneficiary of 2 

22 or more petitions under this subparagraph during 

23 the immediately preceding 2 years; and 

24 ‘‘(II) the employer operating the new office 

25 has— 


pwalker on DSK7TPTVN1PROD with BILLS
25 

•S 600 IS

1 ‘‘(aa) an adequate business plan; 

2 ‘‘(bb) sufficient physical premises to carry 

3 out the proposed business activities; and 

4 ‘‘(cc) the financial ability to commence 

5 doing business immediately upon the approval 

6 of the petition. 

7 ‘‘(ii) An extension of the approval period under clause 

8 (i) may not be granted until the importing employer sub9 mits an application to the Secretary of Homeland Security 

10 that contains— 

11 ‘‘(I) evidence that the importing employer 

12 meets the requirements of this subsection; 

13 ‘‘(II) evidence that the beneficiary of the peti14 tion is eligible for nonimmigrant status under sec15 tion 101(a)(15)(L); 

16 ‘‘(III) a statement summarizing the original pe17 tition; 

18 ‘‘(IV) evidence that the importing employer has 

19 fully complied with the business plan submitted 

20 under clause (i)(I); 

21 ‘‘(V) evidence of the truthfulness of any rep22 resentations made in connection with the filing of 

23 the original petition; 

24 ‘‘(VI) evidence that the importing employer, for 

25 the entire period beginning on the date on which the 


pwalker on DSK7TPTVN1PROD with BILLS
26 

•S 600 IS

1 petition was approved under clause (i), has been 

2 doing business at the new office through regular, 

3 systematic, and continuous provision of goods and 

4 services; 

5 ‘‘(VII) a statement of the duties the beneficiary 

6 has performed at the new office during the approval 

7 period under clause (i) and the duties the beneficiary 

8 will perform at the new office during the extension 

9 period granted under this clause; 

10 ‘‘(VIII) a statement describing the staffing at 

11 the new office, including the number of employees 

12 and the types of positions held by such employees; 

13 ‘‘(IX) evidence of wages paid to employees; 

14 ‘‘(X) evidence of the financial status of the new 

15 office; and 

16 ‘‘(XI) any other evidence or data prescribed by 

17 the Secretary. 

18 ‘‘(iii) A new office employing the beneficiary of an 

19 L–1 petition approved under this paragraph shall do busi20 ness only through regular, systematic, and continuous pro21 vision of goods and services for the entire period for which 

22 the petition is sought. 

23 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

24 maximum period of authorized admission set forth in sub25 paragraph (D), the Secretary of Homeland Security, in 


pwalker on DSK7TPTVN1PROD with BILLS
27 

•S 600 IS

1 the Secretary’s discretion, may approve a subsequently 

2 filed petition on behalf of the beneficiary to continue em3 ployment at the office described in this subparagraph for 

4 a period beyond the initially granted 12-month period if 

5 the importing employer has been doing business at the 

6 new office through regular, systematic, and continuous 

7 provision of goods and services for the 6 months imme8 diately preceding the date of extension petition filing and 

9 demonstrates that the failure to satisfy any of the require10 ments described in those subclauses was directly caused 

11 by extraordinary circumstances, as determined by the Sec12 retary in the Secretary’s discretion.’’. 

13 SEC. 203. COOPERATION WITH SECRETARY OF STATE. 

14 Section 214(c)(2) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 

16 is further amended by adding at the end the following: 

17 ‘‘(H) For purposes of approving petitions under this 

18 paragraph, the Secretary of Homeland Security shall work 

19 cooperatively with the Secretary of State to verify the ex20 istence or continued existence of a company or office in 

21 the United States or in a foreign country.’’. 

22 SEC. 204. INVESTIGATION AND DISPOSITION OF COM23 PLAINTS AGAINST L–1 EMPLOYERS. 

24 Section 214(c)(2) of the Immigration and Nationality 

25 Act (8 U.S.C. 1184(c)(2)), as amended by sections 202 


pwalker on DSK7TPTVN1PROD with BILLS
28 

•S 600 IS

1 and 203, is further amended by adding at the end the 

2 following: 

3 ‘‘(I)(i) The Secretary of Homeland Security may ini4 tiate an investigation of any employer that employs non5 immigrants described in section 101(a)(15)(L) with re6 gard to the employer’s compliance with the requirements 

7 of this subsection. 

8 ‘‘(ii) If the Secretary receives specific credible infor9 mation from a source who is likely to have knowledge of 

10 an employer’s practices, employment conditions, or com11 pliance with the requirements under this subsection, the 

12 Secretary may conduct an investigation into the employ13 er’s compliance with the requirements of this subsection. 

14 The Secretary may withhold the identity of the source 

15 from the employer, and the source’s identity shall not be 

16 subject to disclosure under section 552 of title 5, United 

17 States Code. 

18 ‘‘(iii) The Secretary shall establish a procedure for 

19 any person desiring to provide to the Secretary informa20 tion described in clause (ii) that may be used, in whole 

21 or in part, as the basis for the commencement of an inves22 tigation described in such clause, to provide the informa23 tion in writing on a form developed and provided by the 

24 Secretary and completed by or on behalf of the person. 


pwalker on DSK7TPTVN1PROD with BILLS
29 

•S 600 IS

1 ‘‘(iv) No investigation described in clause (ii) (or 

2 hearing described in clause (vi) based on such investiga3 tion) may be conducted with respect to information about 

4 a failure to comply with the requirements under this sub5 section, unless the Secretary receives the information not 

6 later than 24 months after the date of the alleged failure. 

7 ‘‘(v) Before commencing an investigation of an em8 ployer under clause (i) or (ii), the Secretary shall provide 

9 notice to the employer of the intent to conduct such inves10 tigation. The notice shall be provided in such a manner, 

11 and shall contain sufficient detail, to permit the employer 

12 to respond to the allegations before an investigation is 

13 commenced. The Secretary is not required to comply with 

14 this clause if the Secretary determines that to do so would 

15 interfere with an effort by the Secretary to investigate or 

16 secure compliance by the employer with the requirements 

17 of this subsection. There shall be no judicial review of a 

18 determination by the Secretary under this clause. 

19 ‘‘(vi) If the Secretary, after an investigation under 

20 clause (i) or (ii), determines that a reasonable basis exists 

21 to make a finding that the employer has failed to comply 

22 with the requirements under this subsection, the Secretary 

23 shall provide the interested parties with notice of such de24 termination and an opportunity for a hearing in accord25 ance with section 556 of title 5, United States Code, not 


pwalker on DSK7TPTVN1PROD with BILLS
30 

•S 600 IS

1 later than 120 days after the date of such determination. 

2 If such a hearing is requested, the Secretary shall make 

3 a finding concerning the matter by not later than 120 days 

4 after the date of the hearing. 

5 ‘‘(vii) If the Secretary, after a hearing, finds a rea6 sonable basis to believe that the employer has violated the 

7 requirements under this subsection, the Secretary shall 

8 impose a penalty under subparagraph (K). 

9 ‘‘(viii)(I) The Secretary may conduct surveys of the 

10 degree to which employers comply with the requirements 

11 under this section. 

12 ‘‘(II) The Secretary shall— 

13 ‘‘(aa) conduct annual compliance audits of not 

14 less than 1 percent of the employers that employ 

15 nonimmigrants described in section 101(a)(15)(L) 

16 during the applicable fiscal year; 

17 ‘‘(bb) conduct annual compliance audits of each 

18 employer with more than 100 employees who work 

19 in the United States if more than 15 percent of such 

20 employees are nonimmigrants described in 

21 101(a)(15)(L); and 

22 ‘‘(cc) make available to the public an executive 

23 summary or report describing the general findings of 

24 the audits carried out pursuant to this subclause.’’. 


pwalker on DSK7TPTVN1PROD with BILLS
31 

•S 600 IS

1 SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L– 

2 1 NONIMMIGRANT. 

3 (a) IN GENERAL.—Section 214(c)(2) of the Immigra4 tion and Nationality Act (8 U.S.C. 1184(c)(2)), as amend5 ed by section 202, 203, and 204, is further amended by 

6 adding at the end the following: 

7 ‘‘(J)(i) An employer that employs a nonimmigrant 

8 described in section 101(a)(15)(L) for a cumulative period 

9 of time in excess of 1 year shall— 

10 ‘‘(I) offer such nonimmigrant, during the period 

11 of authorized employment, wages, based on the best 

12 information available at the time the application is 

13 filed, which are not less than the highest of— 

14 ‘‘(aa) the locally determined prevailing 

15 wage level for the occupational classification in 

16 the area of employment; 

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

18 workers in the occupational classification in the 

19 area of employment; and 

20 ‘‘(cc) the median wage for skill level 2 in 

21 the occupational classification found in the 

22 most recent Occupational Employment Statis23 tics survey; and 

24 ‘‘(II) provide working conditions for such non25 immigrant that will not adversely affect the working 

26 conditions of workers similarly employed. 


pwalker on DSK7TPTVN1PROD with BILLS
32 

•S 600 IS

1 ‘‘(ii) If an employer, in such previous period specified 

2 by the Secretary of Homeland Security, employed 1 or 

3 more such nonimmigrants, the employer shall provide to 

4 the Secretary of Homeland Security the Internal Revenue 

5 Service Form W–2 Wage and Tax Statement filed by the 

6 employer with respect to such nonimmigrants for such pe7 riod. 

8 ‘‘(iii) It is a failure to meet a condition under this 

9 subparagraph for an employer who has filed a petition to 

10 import 1 or more aliens as nonimmigrants described in 

11 section 101(a)(15)(L)— 

12 ‘‘(I) to require such a nonimmigrant to pay a 

13 penalty for ceasing employment with the employer 

14 before a date mutually agreed to by the non15 immigrant and the employer; or 

16 ‘‘(II) to fail to offer to such a nonimmigrant, 

17 during the nonimmigrant’s period of authorized em18 ployment, on the same basis, and in accordance with 

19 the same criteria, as the employer offers to United 

20 States workers, benefits and eligibility for benefits, 

21 including— 

22 ‘‘(aa) the opportunity to participate in 

23 health, life, disability, and other insurance 

24 plans; 


pwalker on DSK7TPTVN1PROD with BILLS
33 

•S 600 IS

1 ‘‘(bb) the opportunity to participate in re2 tirement and savings plans; and 

3 ‘‘(cc) cash bonuses and noncash compensa4 tion, such as stock options (whether or not 

5 based on performance). 

6 ‘‘(iv) The Secretary of Homeland Security shall de7 termine whether a required payment under clause (iii)(I) 

8 is a penalty (and not liquidated damages) pursuant to rel9 evant State law.’’. 

10 (b) REGULATIONS.—The Secretary of Homeland Se11 curity shall promulgate rules, after notice and a period 

12 of comment, to implement the requirements of subpara13 graph (J) of section 214(c)(2) of the Immigration and Na14 tionality Act (8 U.S.C. 1184(c)(2)), as added by sub15 section (a). In promulgating these rules, the Secretary 

16 shall take into consideration any special circumstances re17 lating to intracompany transfers. 

18 SEC. 206. PENALTIES. 

19 Section 214(c)(2) of the Immigration and Nationality 

20 Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 

21 203, 204, and 205, is further amended by adding at the 

22 end the following: 

23 ‘‘(K)(i) If the Secretary of Homeland Security finds, 

24 after notice and an opportunity for a hearing, a failure 

25 by an employer to meet a condition under subparagraph 


pwalker on DSK7TPTVN1PROD with BILLS
34 

•S 600 IS

1 (F), (G), (J), or (L) or a misrepresentation of material 

2 fact in a petition to employ 1 or more aliens as non3 immigrants described in section 101(a)(15)(L)— 

4 ‘‘(I) the Secretary shall impose such administrative 

5 remedies (including civil monetary penalties in an amount 

6 not to exceed $2,000 per violation) as the Secretary deter7 mines to be appropriate; 

8 ‘‘(II) the Secretary may not, during a period of at 

9 least 1 year, approve a petition for that employer to em10 ploy 1 or more aliens as such nonimmigrants; and 

11 ‘‘(III) in the case of a violation of subparagraph (J) 

12 or (L), the employer shall be liable to the employees 

13 harmed by such violation for lost wages and benefits. 

14 ‘‘(ii) If the Secretary finds, after notice and an oppor15 tunity for a hearing, a willful failure by an employer to 

16 meet a condition under subparagraph (F), (G), (J). or (L) 

17 or a willful misrepresentation of material fact in a petition 

18 to employ 1 or more aliens as nonimmigrants described 

19 in section 101(a)(15)(L)— 

20 ‘‘(I) the Secretary shall impose such adminis21 trative remedies (including civil monetary penalties 

22 in an amount not to exceed $10,000 per violation) 

23 as the Secretary determines to be appropriate; 

24 ‘‘(II) the Secretary may not, during a period of 

25 at least 2 years, approve a petition filed for that emVerDate Mar 15 2010 01:10 Mar 24, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600

pwalker on DSK7TPTVN1PROD with BILLS
35 

•S 600 IS

1 ployer to employ 1 or more aliens as such non2 immigrants; and 

3 ‘‘(III) in the case of a violation of subparagraph 

4 (J) or (L), the employer shall be liable to the em5 ployees harmed by such violation for lost wages and 

6 benefits.’’. 

7 SEC. 207. PROHIBITION ON RETALIATION AGAINST L–1 

8 NONIMMIGRANTS. 

9 Section 214(c)(2) of the Immigration and Nationality 

10 Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 

11 203, 204, 205, and 206, is further amended by adding 

12 at the end the following: 

13 ‘‘(L)(i) It is a violation of this subparagraph for an 

14 employer who has filed a petition to import 1 or more 

15 aliens as nonimmigrants described in section 

16 101(a)(15)(L) to take, fail to take, or threaten to take 

17 or fail to take, a personnel action, or to intimidate, threat18 en, restrain, coerce, blacklist, discharge, or discriminate 

19 in any other manner against an employee because the em20 ployee— 

21 ‘‘(I) has disclosed information that the em22 ployee reasonably believes evidences a violation of 

23 this subsection, or any rule or regulation pertaining 

24 to this subsection; or 


pwalker on DSK7TPTVN1PROD with BILLS
36 

•S 600 IS

1 ‘‘(II) cooperates or seeks to cooperate with the 

2 requirements of this subsection, or any rule or regu3 lation pertaining to this subsection. 

4 ‘‘(ii) In this subparagraph, the term ‘employee’ in5 cludes— 

6 ‘‘(I) a current employee; 

7 ‘‘(II) a former employee; and 

8 ‘‘(III) an applicant for employment.’’. 

9 SEC. 208. REPORTS ON L–1 NONIMMIGRANTS. 

10 Section 214(c)(8) of the Immigration and Nationality 

11 Act (8 U.S.C. 1184(c)(8)) is amended by inserting ‘‘(L),’’ 

12 after ‘‘(H),’’. 

13 SEC. 209. TECHNICAL AMENDMENTS. 

14 Section 214(c)(2) of the Immigration and Nationality 

15 Act (8 U.S.C. 1184(c)(2)) is amended by striking ‘‘Attor16 ney General’’ each place it appears and inserting ‘‘Sec17 retary of Homeland Security’’. 

18 SEC. 210. APPLICATION. 

19 The amendments made by sections 201 through 207 

20 shall apply to applications filed on or after the date of 

21 the enactment of this Act. 

22 SEC. 211. REPORT ON L–1 BLANKET PETITION PROCESS. 

23 (a) REQUIREMENT FOR REPORT.—Not later than 6 

24 months after the date of the enactment of this Act, the 

25 Inspector General of the Department of Homeland SecuVerDate Mar 15 2010 01:10 Mar 24, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S600.IS S600

pwalker on DSK7TPTVN1PROD with BILLS
37 

•S 600 IS

1 rity shall submit to the appropriate committees of Con2 gress a report regarding the use of blanket petitions under 

3 section 214(c)(2)(A) of the Immigration and Nationality 

4 Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 

5 efficiency and reliability of the process for reviewing such 

6 blanket petitions, including whether the process includes 

7 adequate safeguards against fraud and abuse. 

8 (b) APPROPRIATE COMMITTEES OF CONGRESS.—In 

9 this section the term ‘‘appropriate committees of Con10 gress’’ means— 

11 (1) the Committee on Homeland Security and 

12 Governmental Affairs of the Senate; 

13 (2) the Committee on the Judiciary of the Sen14 ate; 

15 (3) the Committee on Homeland Security of the 

16 House of Representatives; and 

17 (4) the Committee on the Judiciary of the 

18 House of Representatives. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS