II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Visa Transparency 

5 Anti-Trafficking Act of 2018’’. 

6 SEC. 2. ANNUAL REPORT TO CONGRESS ON NON7 IMMIGRANT VISAS. 

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

9 Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: 


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1 ‘‘(8)(A) Not later than 6 months after the end of each 

2 fiscal year, the Secretary of Homeland Security shall sub3 mit a report to the Committee on the Judiciary of the Sen4 ate and the Committee on the Judiciary of the House of 

5 Representatives that includes, with respect to the report6 ing period— 

7 ‘‘(i) the number of citizens of countries with a 

8 Compact of Free Association with the United States 

9 who— 

10 ‘‘(I) are authorized by such Compact to re11 side permanently in the United States as non12 immigrants; and 

13 ‘‘(II) were admitted to the United States; 

14 ‘‘(ii) the ports of entry at which the individuals 

15 described in clause (i) were admitted; and 

16 ‘‘(iii) with respect to each nonimmigrant visa 

17 classification under the immigration laws that au18 thorizes employment (except for visas issued for the 

19 purpose of victim or witness protection), to the ex20 tent such data is collected by any government enti21 ty— 

22 ‘‘(I) with respect to each such non23 immigrant visa classification and subclassifica24 tion that authorizes employment, as applica25 ble— 


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1 ‘‘(aa) the number of visas that were 

2 issued and the number of persons granted 

3 status under such classification or program 

4 for nonimmigrants that authorizes employ5 ment; 

6 ‘‘(bb) the number of visas that ex7 pired, were revoked, or were otherwise ter8 minated, respectively; 

9 ‘‘(cc) the number of petitions that 

10 were filed; 

11 ‘‘(dd) the number of petitions that 

12 were approved; 

13 ‘‘(ee) the number of petitions that 

14 were rejected, denied, or withdrawn, re15 spectively; 

16 ‘‘(ff) the number of petitions awaiting 

17 final action; 

18 ‘‘(gg) the number of blanket petitions 

19 filed under paragraph (2)(A); 

20 ‘‘(hh) the number of such blanket pe21 titions that were approved; 

22 ‘‘(ii) the number of such blanket peti23 tions that were rejected, denied, or with24 drawn, respectively; 


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1 ‘‘(jj) the number of such blanket peti2 tions awaiting final action; 

3 ‘‘(kk) the number of visa applications 

4 and beneficiaries that were approved pur5 suant to each blanket petition; 

6 ‘‘(ll) the number of extensions of stay 

7 that were requested; 

8 ‘‘(mm) the number of extensions of 

9 stay requests that were approved; 

10 ‘‘(nn) the number of extensions of 

11 stay requests that were rejected, denied, or 

12 withdrawn, respectively; 

13 ‘‘(oo) the number of extensions of stay 

14 requests awaiting final action; 

15 ‘‘(pp) the number of extensions of 

16 stay requests that were filed for the pur17 pose of switching employers or adding a 

18 new, concurrent employer; 

19 ‘‘(qq) the percentage of non20 immigrants who are— 

21 ‘‘(AA) younger than 20 years of 

22 age; 

23 ‘‘(BB) older than 20 years of age 

24 and younger than 25 years of age; 


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1 ‘‘(CC) older than 25 years of age 

2 and younger than 30 years of age; 

3 ‘‘(DD) older than 30 years of age 

4 and younger than 35 years of age; 

5 ‘‘(EE) older than 35 years of age 

6 and younger than 40 years of age; 

7 ‘‘(FF) older than 40 years of age 

8 and younger than 45 years of age; 

9 ‘‘(GG) older than 45 years of age 

10 and younger than 50 years of age; 

11 ‘‘(HH) older than 50 years of 

12 age and younger than 55 years of age; 

13 ‘‘(II) older than 55 years of age 

14 and younger than 60 years of age; 

15 ‘‘(JJ) older than 60 years of age 

16 and younger than 65 years of age; or 

17 ‘‘(KK) older than 65 years of 

18 age, respectively; 

19 ‘‘(rr) the percentage of non20 immigrants in each sex; 

21 ‘‘(ss) the 10 countries of which the 

22 most such nonimmigrants are nationals; 

23 ‘‘(tt) for each of the 5 occupations in 

24 which the most nonimmigrants in each visa 


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1 classification or subclassification are em2 ployed— 

3 ‘‘(AA) the 5 employers that em4 ploy the most nonimmigrants; 

5 ‘‘(BB) the 2 countries of which 

6 the most nonimmigrants are nation7 als; 

8 ‘‘(CC) the percentage of non9 immigrants who are in each of the age 

10 categories set forth in item (qq); 

11 ‘‘(DD) the percentage of the non12 immigrants in each sex; 

13 ‘‘(EE) the percentage of non14 immigrants at each major education 

15 level in each nonimmigrant visa classi16 fication, subclassification, status, or 

17 program for nonimmigrants that au18 thorizes employment; 

19 ‘‘(FF) the average compensation 

20 paid to the nonimmigrants; and 

21 ‘‘(GG) the source of the data de22 scribed in subitems (AA) through 

23 (FF); 


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1 ‘‘(uu) for each of the 5 employers that 

2 employ the most nonimmigrants in the visa 

3 classification or subclassification— 

4 ‘‘(AA) the number of such non5 immigrants who are nationals of each 

6 country; 

7 ‘‘(BB) the number of such non8 immigrants who are in each of the age 

9 categories set forth in item (qq); and 

10 ‘‘(CC) the number of such non11 immigrants in each sex; and 

12 ‘‘(vv) the number of petitions denied, 

13 disaggregated by age, sex, and country of 

14 nationality; 

15 ‘‘(II) with respect to each employment16 based petition and request for extension of work 

17 authorization that was filed— 

18 ‘‘(aa) the number of nonimmigrants 

19 sought; 

20 ‘‘(bb) each beneficiary’s country of or21 igin and local region or state; 

22 ‘‘(cc) a description of the occupation 

23 in which the beneficiary will be employed; 

24 ‘‘(dd) the standard occupational clas25 sification code for each occupation; 


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1 ‘‘(ee) the primary work location and 

2 secondary work location, if applicable; 

3 ‘‘(ff) the name and address of the em4 ployer and, if the employer is a household 

5 employer of the nonimmigrant, the State 

6 and zip code of the employer’s primary res7 idence, and, if the employer has 3 or more 

8 employees, the nationality of the employer; 

9 ‘‘(gg) whether more than 50 percent 

10 of the employer’s total United States work11 force are nonimmigrants; 

12 ‘‘(hh) whether between 30 and 50 per13 cent of the employer’s total United States 

14 workforce are nonimmigrants; 

15 ‘‘(ii) whether the employer conducts 

16 outplacement of nonimmigrants; 

17 ‘‘(jj) whether the employer was au18 thorized to file blanket petitions under 

19 paragraph (2)(A); 

20 ‘‘(kk) whether the petition is such a 

21 blanket petition; 

22 ‘‘(ll) the name and last known domes23 tic and foreign business address of any 

24 labor recruiter, agent, or other third party 


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1 intermediary involved in identifying work2 ers to be petition beneficiaries; and 

3 ‘‘(mm) the visa classification and sub4 classification; 

5 ‘‘(III) with respect to each nonimmigrant 

6 authorized to work in the United States— 

7 ‘‘(aa) the visa classification and sub8 classification; 

9 ‘‘(bb) the labor certification form 

10 number, if a temporary labor certification 

11 application was filed with the Department 

12 of Labor; 

13 ‘‘(cc) the date on which the temporary 

14 labor certification application was filed; 

15 ‘‘(dd) the date on which the tem16 porary labor certification application was 

17 approved, withdrawn, or rejected; 

18 ‘‘(ee) the date on which a petition was 

19 filed; 

20 ‘‘(ff) the date on which such petition 

21 was approved, withdrawn, or rejected; 

22 ‘‘(gg) the date on which an extension 

23 was filed; 

24 ‘‘(hh) the date on which such exten25 sion was approved, withdrawn, or rejected; 


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1 ‘‘(ii) the nonimmigrant’s country of 

2 origin and local region or state; 

3 ‘‘(jj) the nonimmigrant’s age category, 

4 as set forth in subclause (I)(qq); 

5 ‘‘(kk) the nonimmigrant’s sex; 

6 ‘‘(ll) the occupation (including the 

7 standard occupational classification) in 

8 which the nonimmigrant will be employed; 

9 ‘‘(mm) the amount of compensation to 

10 be paid to the nonimmigrant; 

11 ‘‘(nn) the highest level of education 

12 attained by the nonimmigrant; 

13 ‘‘(oo) with respect to F–1 non14 immigrant students engaged in optional 

15 practical training— 

16 ‘‘(AA) the nonimmigrant’s major 

17 or primary field of study; and 

18 ‘‘(BB) the institution from which 

19 the nonimmigrant obtained his or her 

20 education; 

21 ‘‘(pp)(AA) the primary work location 

22 of the nonimmigrant; 

23 ‘‘(BB) the secondary work location of 

24 the nonimmigrant, if applicable; 


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1 ‘‘(CC) if the employer is a household 

2 employer of the nonimmigrant, the State 

3 and zip code of the employer’s primary res4 idence; and 

5 ‘‘(DD) if the employer has 3 or more 

6 employees, the nationality of the employer; 

7 ‘‘(qq)(AA) the name and address of 

8 the nonimmigrant’s employer; 

9 ‘‘(BB) if the employer is a household 

10 employer of the nonimmigrant, the State 

11 and zip code of the employer’s primary res12 idence; and 

13 ‘‘(CC) if the employer has 3 or more 

14 employees, the nationality of the employer; 

15 ‘‘(rr) the name and last known domes16 tic and foreign business address of a third 

17 party intermediary; 

18 ‘‘(ss) if the nonimmigrant had a per19 manent status petition filed on his or her 

20 behalf, the name of the person or entity 

21 that filed the petition and the date on 

22 which such petition was filed; and 

23 ‘‘(tt) the source of the data described 

24 in items (aa) through (ss); 


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1 ‘‘(IV) the 10 occupations in which the larg2 est number of nonimmigrants are employed in 

3 the United States; and 

4 ‘‘(V) with respect to each of the States, for 

5 each of the 5 nonimmigrant visa classifications 

6 and subclassifications in which the most non7 immigrants were issued visas or granted a sta8 tus that authorizes employment— 

9 ‘‘(aa) the total number of non10 immigrants; 

11 ‘‘(bb) the number of such non12 immigrants who are nationals of each 

13 country; 

14 ‘‘(cc) the percentage of such non15 immigrants in each of the age categories 

16 set forth in subclause (I)(qq); and 

17 ‘‘(dd) the number of such non18 immigrants in each sex. 

19 ‘‘(B) At the time the Secretary of Homeland Security 

20 submits each annual report under subparagraph (A), the 

21 Secretary shall post, to a public website— 

22 ‘‘(i) the information set forth in such subpara23 graph; and 

24 ‘‘(ii) the corresponding raw data set and a 

25 searchable database. 


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1 ‘‘(C) The Secretary of Homeland Security shall en2 sure that the information posted on a public website under 

3 subparagraph (B) does not include information that, alone 

4 or in combination, would allow a reasonable person who 

5 does not have personal knowledge of the relevant cir6 cumstances, to identify a specific person with reasonable 

7 certainty. 

8 ‘‘(D) Any government official who uses information 

9 described in subparagraph (A) shall take reasonable steps 

10 to ensure that such use does not enable such information 

11 to be manipulated— 

12 ‘‘(i) to identify an individual nonimmigrant to 

13 whom the information relates; or 

14 ‘‘(ii) to disaggregate such information into its 

15 component parts. 

16 ‘‘(E) In this paragraph: 

17 ‘‘(i) The term ‘employment’— 

18 ‘‘(I) means employment in the United 

19 States; and 

20 ‘‘(II) includes cultural exchange, training, 

21 or business activities in which the non22 immigrant receives any form of compensation, 

23 including a stipend, from any source, whether 

24 paid in the United States or in the nonVerDate Sep 11 2014 04:47 Jan 17, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2293.IS S2293

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1 immigrant’s country of origin and whether or 

2 not authorized. 

3 ‘‘(ii) The term ‘nonimmigrant visa classifica4 tion, status, or subclassification’ means any pro5 gram, level, category, subcategory, or other type of 

6 grouping that— 

7 ‘‘(I) is part of a nonimmigrant visa classi8 fication or status— 

9 ‘‘(aa) described in section 101(a)(15) 

10 or 214(e); or 

11 ‘‘(bb) otherwise established under the 

12 immigration laws; and 

13 ‘‘(II) may be specifically created, delin14 eated, or defined in— 

15 ‘‘(aa) any Federal statute, regulation, 

16 agency guidance, directive, memo, or any 

17 other source material, including the Code 

18 of Federal Regulations, the Foreign Af19 fairs Manual, Department of State cables 

20 (classified or unclassified); or 

21 ‘‘(bb) any official form, application, or 

22 petition used by the Secretary of Home23 land Security, the Secretary of State, or 

24 the Secretary of Labor. 

25 ‘‘(iii) The term ‘third party intermediary’— 


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1 ‘‘(I) means any natural person, corpora2 tion, company, firm, partnership, joint stock 

3 company or association, or other organization 

4 or entity, including municipal corporations, that 

5 recruits, solicits, or engages in related activities 

6 with respect to an individual who resides out7 side of the United States in furtherance of em8 ployment in the United States, including when 

9 such activity occurs outside of the United 

10 States; and 

11 ‘‘(II) includes recruiters, subrecruiters, 

12 placement agencies, staffing agencies, labor 

13 contractors, and sponsor organizations des14 ignated by the Secretary of State, including for15 profit and not-for-profit sponsor entities.’’. 

16 SEC. 3. AUTHORITY TO MODIFY FORMS. 

17 The Secretary of Homeland Security, the Secretary 

18 of State, and the Secretary of Labor are authorized to 

19 take such steps as may be necessary to revise any applica20 tion, petition, form, or database used to regulate the 

21 issuance of visas to nonimmigrants or to grant non22 immigrant status in order to comply with the reporting 

23 requirements set forth in section 214(c)(8) of the Immi24 gration and Nationality Act, as amended by section 2. 


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1 SEC. 4. INFORMATION SHARING. 

2 The Secretary of State and the Secretary of Labor 

3 shall— 

4 (1) annually submit to the Secretary of Home5 land Security, in a timely manner, any information 

6 collected or maintained by the Department of State 

7 or the Department of Labor that is required to be 

8 included in the annual report under section 

9 214(c)(8) of the Immigration and Nationality Act, 

10 as amended by section 2; and 

11 (2) provide any other related information to the 

12 Secretary of Homeland Security, upon request, that 

13 may be necessary to carry out the Secretary of 

14 Homeland Security’s responsibilities under this Act 

15 and the amendment made by section 2. 

16 SEC. 5. PROGRESSIVE IMPLEMENTATION. 

17 (a) INITIAL REPORT.—Not later than 1 year after 

18 the date of the enactment of this Act, the Secretary of 

19 Homeland Security shall submit the first report required 

20 under section 214(c)(8) of the Immigration and Nation21 ality Act, as amended by section 2, based on the informa22 tion that is available from the Department of Homeland 

23 Security, the Department of Labor, and the Department 

24 of State as of the date of the enactment of this Act. 

25 (b) FULL REPORT.—Not later than 3 years after the 

26 date of the enactment of this Act, the Secretary of HomeVerDate Sep 11 2014 04:47 Jan 17, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2293.IS S2293

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1 land Security shall submit the report required under such 

2 section 214(c)(8), which shall include all of the informa3 tion and data listed in subparagraph (A) of such section, 

4 as amended by section 2. 

Æ 


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