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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2293 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2293

 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2018

  Mr. Blumenthal (for himself and Mr. Cruz) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, 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.

    This Act may be cited as the ``Visa Transparency Anti-Trafficking 
Act of 2018''.

SEC. 2. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS.

    Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(8)) is amended to read as follows:
    ``(8)(A) Not later than 6 months after the end of each fiscal year, 
the Secretary of Homeland Security shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that includes, with respect 
to the reporting period--
            ``(i) the number of citizens of countries with a Compact of 
        Free Association with the United States who--
                    ``(I) are authorized by such Compact to reside 
                permanently in the United States as nonimmigrants; and
                    ``(II) were admitted to the United States;
            ``(ii) the ports of entry at which the individuals 
        described in clause (i) were admitted; and
            ``(iii) with respect to each nonimmigrant visa 
        classification under the immigration laws that authorizes 
        employment (except for visas issued for the purpose of victim 
        or witness protection), to the extent such data is collected by 
        any government entity--
                    ``(I) with respect to each such nonimmigrant visa 
                classification and subclassification that authorizes 
                employment, as applicable--
                            ``(aa) the number of visas that were issued 
                        and the number of persons granted status under 
                        such classification or program for 
                        nonimmigrants that authorizes employment;
                            ``(bb) the number of visas that expired, 
                        were revoked, or were otherwise terminated, 
                        respectively;
                            ``(cc) the number of petitions that were 
                        filed;
                            ``(dd) the number of petitions that were 
                        approved;
                            ``(ee) the number of petitions that were 
                        rejected, denied, or withdrawn, respectively;
                            ``(ff) the number of petitions awaiting 
                        final action;
                            ``(gg) the number of blanket petitions 
                        filed under paragraph (2)(A);
                            ``(hh) the number of such blanket petitions 
                        that were approved;
                            ``(ii) the number of such blanket petitions 
                        that were rejected, denied, or withdrawn, 
                        respectively;
                            ``(jj) the number of such blanket petitions 
                        awaiting final action;
                            ``(kk) the number of visa applications and 
                        beneficiaries that were approved pursuant to 
                        each blanket petition;
                            ``(ll) the number of extensions of stay 
                        that were requested;
                            ``(mm) the number of extensions of stay 
                        requests that were approved;
                            ``(nn) the number of extensions of stay 
                        requests that were rejected, denied, or 
                        withdrawn, respectively;
                            ``(oo) the number of extensions of stay 
                        requests awaiting final action;
                            ``(pp) the number of extensions of stay 
                        requests that were filed for the purpose of 
                        switching employers or adding a new, concurrent 
                        employer;
                            ``(qq) the percentage of nonimmigrants who 
                        are--
                                    ``(AA) younger than 20 years of 
                                age;
                                    ``(BB) older than 20 years of age 
                                and younger than 25 years of age;
                                    ``(CC) older than 25 years of age 
                                and younger than 30 years of age;
                                    ``(DD) older than 30 years of age 
                                and younger than 35 years of age;
                                    ``(EE) older than 35 years of age 
                                and younger than 40 years of age;
                                    ``(FF) older than 40 years of age 
                                and younger than 45 years of age;
                                    ``(GG) older than 45 years of age 
                                and younger than 50 years of age;
                                    ``(HH) older than 50 years of age 
                                and younger than 55 years of age;
                                    ``(II) older than 55 years of age 
                                and younger than 60 years of age;
                                    ``(JJ) older than 60 years of age 
                                and younger than 65 years of age; or
                                    ``(KK) older than 65 years of age, 
                                respectively;
                            ``(rr) the percentage of nonimmigrants in 
                        each sex;
                            ``(ss) the 10 countries of which the most 
                        such nonimmigrants are nationals;
                            ``(tt) for each of the 5 occupations in 
                        which the most nonimmigrants in each visa 
                        classification or subclassification are 
                        employed--
                                    ``(AA) the 5 employers that employ 
                                the most nonimmigrants;
                                    ``(BB) the 2 countries of which the 
                                most nonimmigrants are nationals;
                                    ``(CC) the percentage of 
                                nonimmigrants who are in each of the 
                                age categories set forth in item (qq);
                                    ``(DD) the percentage of the 
                                nonimmigrants in each sex;
                                    ``(EE) the percentage of 
                                nonimmigrants at each major education 
                                level in each nonimmigrant visa 
                                classification, subclassification, 
                                status, or program for nonimmigrants 
                                that authorizes employment;
                                    ``(FF) the average compensation 
                                paid to the nonimmigrants; and
                                    ``(GG) the source of the data 
                                described in subitems (AA) through 
                                (FF);
                            ``(uu) for each of the 5 employers that 
                        employ the most nonimmigrants in the visa 
                        classification or subclassification--
                                    ``(AA) the number of such 
                                nonimmigrants who are nationals of each 
                                country;
                                    ``(BB) the number of such 
                                nonimmigrants who are in each of the 
                                age categories set forth in item (qq); 
                                and
                                    ``(CC) the number of such 
                                nonimmigrants in each sex; and
                            ``(vv) the number of petitions denied, 
                        disaggregated by age, sex, and country of 
                        nationality;
                    ``(II) with respect to each employment-based 
                petition and request for extension of work 
                authorization that was filed--
                            ``(aa) the number of nonimmigrants sought;
                            ``(bb) each beneficiary's country of origin 
                        and local region or state;
                            ``(cc) a description of the occupation in 
                        which the beneficiary will be employed;
                            ``(dd) the standard occupational 
                        classification code for each occupation;
                            ``(ee) the primary work location and 
                        secondary work location, if applicable;
                            ``(ff) the name and address of the employer 
                        and, if the employer is a household employer of 
                        the nonimmigrant, the State and zip code of the 
                        employer's primary residence, and, if the 
                        employer has 3 or more employees, the 
                        nationality of the employer;
                            ``(gg) whether more than 50 percent of the 
                        employer's total United States workforce are 
                        nonimmigrants;
                            ``(hh) whether between 30 and 50 percent of 
                        the employer's total United States workforce 
                        are nonimmigrants;
                            ``(ii) whether the employer conducts 
                        outplacement of nonimmigrants;
                            ``(jj) whether the employer was authorized 
                        to file blanket petitions under paragraph 
                        (2)(A);
                            ``(kk) whether the petition is such a 
                        blanket petition;
                            ``(ll) the name and last known domestic and 
                        foreign business address of any labor 
                        recruiter, agent, or other third party 
                        intermediary involved in identifying workers to 
                        be petition beneficiaries; and
                            ``(mm) the visa classification and 
                        subclassification;
                    ``(III) with respect to each nonimmigrant 
                authorized to work in the United States--
                            ``(aa) the visa classification and 
                        subclassification;
                            ``(bb) the labor certification form number, 
                        if a temporary labor certification application 
                        was filed with the Department of Labor;
                            ``(cc) the date on which the temporary 
                        labor certification application was filed;
                            ``(dd) the date on which the temporary 
                        labor certification application was approved, 
                        withdrawn, or rejected;
                            ``(ee) the date on which a petition was 
                        filed;
                            ``(ff) the date on which such petition was 
                        approved, withdrawn, or rejected;
                            ``(gg) the date on which an extension was 
                        filed;
                            ``(hh) the date on which such extension was 
                        approved, withdrawn, or rejected;
                            ``(ii) the nonimmigrant's country of origin 
                        and local region or state;
                            ``(jj) the nonimmigrant's age category, as 
                        set forth in subclause (I)(qq);
                            ``(kk) the nonimmigrant's sex;
                            ``(ll) the occupation (including the 
                        standard occupational classification) in which 
                        the nonimmigrant will be employed;
                            ``(mm) the amount of compensation to be 
                        paid to the nonimmigrant;
                            ``(nn) the highest level of education 
                        attained by the nonimmigrant;
                            ``(oo) with respect to F-1 nonimmigrant 
                        students engaged in optional practical 
                        training--
                                    ``(AA) the nonimmigrant's major or 
                                primary field of study; and
                                    ``(BB) the institution from which 
                                the nonimmigrant obtained his or her 
                                education;
                            ``(pp)(AA) the primary work location of the 
                        nonimmigrant;
                            ``(BB) the secondary work location of the 
                        nonimmigrant, if applicable;
                            ``(CC) if the employer is a household 
                        employer of the nonimmigrant, the State and zip 
                        code of the employer's primary residence; and
                            ``(DD) if the employer has 3 or more 
                        employees, the nationality of the employer;
                            ``(qq)(AA) the name and address of the 
                        nonimmigrant's employer;
                            ``(BB) if the employer is a household 
                        employer of the nonimmigrant, the State and zip 
                        code of the employer's primary residence; and
                            ``(CC) if the employer has 3 or more 
                        employees, the nationality of the employer;
                            ``(rr) the name and last known domestic and 
                        foreign business address of a third party 
                        intermediary;
                            ``(ss) if the nonimmigrant had a permanent 
                        status petition filed on his or her behalf, the 
                        name of the person or entity that filed the 
                        petition and the date on which such petition 
                        was filed; and
                            ``(tt) the source of the data described in 
                        items (aa) through (ss);
                    ``(IV) the 10 occupations in which the largest 
                number of nonimmigrants are employed in the United 
                States; and
                    ``(V) with respect to each of the States, for each 
                of the 5 nonimmigrant visa classifications and 
                subclassifications in which the most nonimmigrants were 
                issued visas or granted a status that authorizes 
                employment--
                            ``(aa) the total number of nonimmigrants;
                            ``(bb) the number of such nonimmigrants who 
                        are nationals of each country;
                            ``(cc) the percentage of such nonimmigrants 
                        in each of the age categories set forth in 
                        subclause (I)(qq); and
                            ``(dd) the number of such nonimmigrants in 
                        each sex.
    ``(B) At the time the Secretary of Homeland Security submits each 
annual report under subparagraph (A), the Secretary shall post, to a 
public website--
            ``(i) the information set forth in such subparagraph; and
            ``(ii) the corresponding raw data set and a searchable 
        database.
    ``(C) The Secretary of Homeland Security shall ensure that the 
information posted on a public website under subparagraph (B) does not 
include information that, alone or in combination, would allow a 
reasonable person who does not have personal knowledge of the relevant 
circumstances, to identify a specific person with reasonable certainty.
    ``(D) Any government official who uses information described in 
subparagraph (A) shall take reasonable steps to ensure that such use 
does not enable such information to be manipulated--
            ``(i) to identify an individual nonimmigrant to whom the 
        information relates; or
            ``(ii) to disaggregate such information into its component 
        parts.
    ``(E) In this paragraph:
            ``(i) The term `employment'--
                    ``(I) means employment in the United States; and
                    ``(II) includes cultural exchange, training, or 
                business activities in which the nonimmigrant receives 
                any form of compensation, including a stipend, from any 
                source, whether paid in the United States or in the 
                nonimmigrant's country of origin and whether or not 
                authorized.
            ``(ii) The term `nonimmigrant visa classification, status, 
        or subclassification' means any program, level, category, 
        subcategory, or other type of grouping that--
                    ``(I) is part of a nonimmigrant visa classification 
                or status--
                            ``(aa) described in section 101(a)(15) or 
                        214(e); or
                            ``(bb) otherwise established under the 
                        immigration laws; and
                    ``(II) may be specifically created, delineated, or 
                defined in--
                            ``(aa) any Federal statute, regulation, 
                        agency guidance, directive, memo, or any other 
                        source material, including the Code of Federal 
                        Regulations, the Foreign Affairs Manual, 
                        Department of State cables (classified or 
                        unclassified); or
                            ``(bb) any official form, application, or 
                        petition used by the Secretary of Homeland 
                        Security, the Secretary of State, or the 
                        Secretary of Labor.
            ``(iii) The term `third party intermediary'--
                    ``(I) means any natural person, corporation, 
                company, firm, partnership, joint stock company or 
                association, or other organization or entity, including 
                municipal corporations, that recruits, solicits, or 
                engages in related activities with respect to an 
                individual who resides outside of the United States in 
                furtherance of employment in the United States, 
                including when such activity occurs outside of the 
                United States; and
                    ``(II) includes recruiters, subrecruiters, 
                placement agencies, staffing agencies, labor 
                contractors, and sponsor organizations designated by 
                the Secretary of State, including for-profit and not-
                for-profit sponsor entities.''.

SEC. 3. AUTHORITY TO MODIFY FORMS.

    The Secretary of Homeland Security, the Secretary of State, and the 
Secretary of Labor are authorized to take such steps as may be 
necessary to revise any application, petition, form, or database used 
to regulate the issuance of visas to nonimmigrants or to grant 
nonimmigrant status in order to comply with the reporting requirements 
set forth in section 214(c)(8) of the Immigration and Nationality Act, 
as amended by section 2.

SEC. 4. INFORMATION SHARING.

    The Secretary of State and the Secretary of Labor shall--
            (1) annually submit to the Secretary of Homeland Security, 
        in a timely manner, any information collected or maintained by 
        the Department of State or the Department of Labor that is 
        required to be included in the annual report under section 
        214(c)(8) of the Immigration and Nationality Act, as amended by 
        section 2; and
            (2) provide any other related information to the Secretary 
        of Homeland Security, upon request, that may be necessary to 
        carry out the Secretary of Homeland Security's responsibilities 
        under this Act and the amendment made by section 2.

SEC. 5. PROGRESSIVE IMPLEMENTATION.

    (a) Initial Report.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
the first report required under section 214(c)(8) of the Immigration 
and Nationality Act, as amended by section 2, based on the information 
that is available from the Department of Homeland Security, the 
Department of Labor, and the Department of State as of the date of the 
enactment of this Act.
    (b) Full Report.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
the report required under such section 214(c)(8), which shall include 
all of the information and data listed in subparagraph (A) of such 
section, as amended by section 2.
                                 <all>
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