I 

114TH CONGRESS 

2D SESSION H. R. 5006 

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 HOUSE OF REPRESENTATIVES 

APRIL 20, 2016 

Ms. FRANKEL of Florida (for herself, Mr. DEUTCH, Mr. HIMES, and Mr. 

SCHWEIKERT) introduced the following bill; which was 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 2016’’. 

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) ANNUAL REPORT.— 

2 ‘‘(A) IN GENERAL.—The Secretary of 

3 Homeland Security shall submit an annual re4 port to the Committee on the Judiciary of the 

5 Senate and the Committee on the Judiciary of 

6 the House of Representatives that includes the 

7 information set forth in subparagraph (B). 

8 ‘‘(B) INFORMATION TO BE INCLUDED.— 

9 Each report submitted under subparagraph (A) 

10 shall include, for the reporting period— 

11 ‘‘(i) the number of citizens of nations 

12 with Compacts of Free Association with 

13 the United States who are authorized by 

14 such Compacts to reside permanently in 

15 the United States as nonimmigrants and 

16 were admitted to the United States; 

17 ‘‘(ii) the ports of entry at which the 

18 individuals described in clause (i) were ad19 mitted; and 

20 ‘‘(iii) with respect to each non21 immigrant visa classification under the im22 migration laws that permits employment, 

23 other than subparagraphs (S), (T), (U), 

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1 tent such data is collected by any govern2 ment entity, the following data: 

3 ‘‘(I) With respect to each such 

4 nonimmigrant visa classification and 

5 subclassification that authorizes em6 ployment, as applicable— 

7 ‘‘(aa) the number of visas 

8 that were issued and the number 

9 of persons admitted or otherwise 

10 granted status under such classi11 fication; 

12 ‘‘(bb) the number of visas 

13 that expired; 

14 ‘‘(cc) the number of visas 

15 that were revoked; 

16 ‘‘(dd) the number of visas 

17 that were otherwise terminated; 

18 ‘‘(ee) the number of peti19 tions that were filed; 

20 ‘‘(ff) the number of petitions 

21 that were approved; 

22 ‘‘(gg) the number of peti23 tions that were rejected; 

24 ‘‘(hh) the number of peti25 tions that were denied; 


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1 ‘‘(ii) the number of petitions 

2 that were withdrawn; 

3 ‘‘(jj) the number of petitions 

4 awaiting final action; 

5 ‘‘(kk) the number of blanket 

6 petitions under paragraph (2)(A) 

7 that were filed; 

8 ‘‘(ll) the number of such 

9 blanket petitions that were ap10 proved; 

11 ‘‘(mm) the number of such 

12 blanket petitions that were re13 jected; 

14 ‘‘(nn) the number of such 

15 blanket petitions that were de16 nied; 

17 ‘‘(oo) the number of such 

18 blanket petitions that were with19 drawn; 

20 ‘‘(pp) the number of such 

21 blanket petitions awaiting final 

22 action; 

23 ‘‘(qq) the number of visa ap24 plications and beneficiaries that 


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1 were approved pursuant to each 

2 blanket petition; 

3 ‘‘(rr) the number of exten4 sions of stay that were requested; 

5 ‘‘(ss) the number of exten6 sions of stay that were approved; 

7 ‘‘(tt) the number of exten8 sions of stay that were rejected; 

9 ‘‘(uu) the number of exten10 sions of stay that were denied; 

11 ‘‘(vv) the number of exten12 sion of stay requests that were 

13 withdrawn; 

14 ‘‘(ww) the number of exten15 sion of stay requests awaiting 

16 final action; 

17 ‘‘(xx) the number of exten18 sion of stay requests that were 

19 filed for the purpose of switching 

20 employers or adding a new, con21 current employer; 

22 ‘‘(yy) the percentage of non23 immigrants admitted into the 

24 United States who are younger 

25 than 18 years of age, between 18 


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1 and 30 years of age, between 30 

2 and 40 years of age, between 40 

3 and 50 years of age, between 50 

4 and 60 years of age, or older 

5 than 60 years of age, respec6 tively; 

7 ‘‘(zz) the percentage of non8 immigrants admitted into the 

9 United States of each gender; 

10 ‘‘(aaa) the 10 countries of 

11 which the most nonimmigrants 

12 are nationals; 

13 ‘‘(bbb) for the 5 occupations 

14 in which the most nonimmigrants 

15 in each visa classification or sub16 classification are employed— 

17 ‘‘(AA) the 5 employers 

18 that employ the most non19 immigrants in the visa clas20 sification; 

21 ‘‘(BB) the 2 countries 

22 of which the most non23 immigrants are nationals; 

24 ‘‘(CC) the age and gen25 der of the nonimmigrants; 


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1 ‘‘(DD) the average edu2 cational levels attained by 

3 the nonimmigrants; 

4 ‘‘(EE) the average com5 pensation paid to the non6 immigrants; and 

7 ‘‘(FF) the source of the 

8 data for this subclause; 

9 ‘‘(ccc) for each of the 5 em10 ployers that employ the most 

11 nonimmigrants in the visa classi12 fication or subclassification— 

13 ‘‘(AA) the number of 

14 such nonimmigrants who are 

15 nationals of each country; 

16 ‘‘(BB) the number of 

17 such nonimmigrants who fall 

18 within each age range; and 

19 ‘‘(CC) the number of 

20 such nonimmigrants of each 

21 gender; and 

22 ‘‘(ddd) the number of peti23 tions denied, disaggregated by 

24 age, gender, and country of na25 tionality. 


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1 ‘‘(II) For each employment-based 

2 petition and request for extension of 

3 work authorization that was filed— 

4 ‘‘(aa) the number of non5 immigrants sought; 

6 ‘‘(bb) each beneficiary’s 

7 country of origin and local region 

8 or state; 

9 ‘‘(cc) a description of the oc10 cupation in which the beneficiary 

11 will be employed; 

12 ‘‘(dd) the standard occupa13 tional classification code for each 

14 occupation; 

15 ‘‘(ee) the primary work loca16 tion and secondary work location, 

17 if applicable; 

18 ‘‘(ff) the name and address 

19 of the employer (unless for indi20 vidual household employers); 

21 ‘‘(gg) whether more than 50 

22 percent of the employer’s United 

23 States workforce are non24 immigrants; 


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1 ‘‘(hh) whether more than 30 

2 percent of the employer’s United 

3 States workforce are non4 immigrants; 

5 ‘‘(ii) whether the employer 

6 conducts outplacement of non7 immigrants; 

8 ‘‘(jj) whether the employer 

9 was authorized to file blanket pe10 titions under paragraph (2)(A); 

11 ‘‘(kk) whether the petition is 

12 such a blanket petition; 

13 ‘‘(ll) the name and last 

14 known domestic and foreign busi15 ness address of any labor re16 cruiter, agent, or other third 

17 party intermediary involved in 

18 identifying workers to be petition 

19 beneficiaries; and 

20 ‘‘(mm) the visa classification 

21 and subclassification. 

22 ‘‘(III) For each nonimmigrant 

23 authorized to work in the United 

24 States (include data source)— 


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1 ‘‘(aa) the visa classification 

2 and subclassification; 

3 ‘‘(bb) the labor certification 

4 form number, if a temporary 

5 labor certification application was 

6 filed with the Department of 

7 Labor; 

8 ‘‘(cc) the date on which the 

9 temporary labor certification ap10 plication was filed; 

11 ‘‘(dd) the date on which the 

12 temporary labor certification ap13 plication was approved, with14 drawn, or rejected; 

15 ‘‘(ee) the petition or exten16 sion form number, if a petition or 

17 extension was filed with the De18 partment of Homeland Security; 

19 ‘‘(ff) the date on which a pe20 tition was filed; 

21 ‘‘(gg) the date on which 

22 such petition was approved, with23 drawn, or rejected; 

24 ‘‘(hh) the date on which an 

25 extension was filed; 


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1 ‘‘(ii) the date on which such 

2 extension was approved, with3 drawn, or rejected; 

4 ‘‘(jj) the nonimmigrant’s 

5 country of origin and local region 

6 or state; 

7 ‘‘(kk) the nonimmigrant’s 

8 age; 

9 ‘‘(ll) the nonimmigrant’s 

10 gender; 

11 ‘‘(mm) the occupation (in12 cluding the standard occupational 

13 classification) in which the non14 immigrant will be employed; 

15 ‘‘(nn) the amount of com16 pensation to be paid to the non17 immigrant; 

18 ‘‘(oo) the highest level of 

19 education attained by the non20 immigrant; 

21 ‘‘(pp) with respect to non22 immigrant students employed 

23 under Optional Practical Train24 ing, the nonimmigrant’s major or 

25 primary field of study; 


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1 ‘‘(qq) with respect to non2 immigrant students employed 

3 under Optional Practical Train4 ing, the institution at which the 

5 nonimmigrant obtained his or her 

6 education; 

7 ‘‘(rr) the primary work loca8 tion and secondary work location, 

9 if applicable, or the zip code and 

10 nationality of the household em11 ployer if the nonimmigrant is a 

12 household employee; 

13 ‘‘(ss) the name and address 

14 of the nonimmigrant’s employer 

15 (unless the employer is an indi16 vidual household employer); 

17 ‘‘(tt) the name and last 

18 known domestic and foreign busi19 ness address of a third party 

20 intermediary; and 

21 ‘‘(uu) if the nonimmigrant 

22 had a permanent status petition 

23 filed on his or her behalf, the 

24 name of the person or entity that 


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1 filed the petition and the date on 

2 which such petition was filed. 

3 ‘‘(IV) The 10 occupations in 

4 which the largest number of non5 immigrants are employed in the 

6 United States. 

7 ‘‘(V) For each of the States— 

8 ‘‘(aa) for each of the 5 non9 immigrant visa classifications 

10 and subclassifications in which 

11 the most nonimmigrants were ad12 mitted— 

13 ‘‘(AA) the number of 

14 nonimmigrants admitted; 

15 ‘‘(BB) the number of 

16 such nonimmigrants who are 

17 nationals of each country; 

18 ‘‘(CC) the number of 

19 such nonimmigrants who fall 

20 within each age range; and 

21 ‘‘(DD) the number of 

22 such nonimmigrants of each 

23 gender. 

24 ‘‘(C) PUBLIC WEBSITE.—At the time the 

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1 port to Congress under this paragraph, the Sec2 retary shall post the information set forth in 

3 subparagraph (B), along with the corresponding 

4 raw data set and a searchable database, to a 

5 public website. 

6 ‘‘(D) LIMITATION.—The Secretary of 

7 Homeland Security shall ensure that the infor8 mation posted on a public website pursuant to 

9 subparagraph (C) does not include information 

10 that, alone or in combination, would allow a 

11 reasonable person who does not have personal 

12 knowledge of the relevant circumstances, to 

13 identify a specific person with reasonable cer14 tainty. 

15 ‘‘(E) USE OF INFORMATION.—Any govern16 ment official who uses information described in 

17 subparagraph (B) shall take reasonable steps to 

18 ensure that such use does not enable such in19 formation to be manipulated— 

20 ‘‘(i) to identify an individual non21 immigrant to whom the information re22 lates; or 

23 ‘‘(ii) to disaggregate such information 

24 into its component parts. 

25 ‘‘(F) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) EMPLOYMENT.—The term ‘em2 ployment’— 

3 ‘‘(I) means employment in the 

4 United States; and 

5 ‘‘(II) includes cultural exchange, 

6 training, or business activities in 

7 which the nonimmigrant receives any 

8 form of compensation, including a sti9 pend, from any source, whether paid 

10 in the United States or in the non11 immigrant’s country of origin. 

12 ‘‘(ii) NONIMMIGRANT VISA CLASSI13 FICATION, STATUS, OR SUBCLASSIFICA14 TION.—The term ‘nonimmigrant visa clas15 sification, status, or subclassification’ 

16 means any program, level, category, sub17 category, or other type of grouping that— 

18 ‘‘(I) is part of a nonimmigrant 

19 visa classification or status described 

20 in section 101(a)(15) or 214(e) or 

21 otherwise established under the immi22 gration laws; and 

23 ‘‘(II) may be specifically created, 

24 delineated, or defined in any Federal 

25 statute, regulation, agency guidance, 


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1 directive memo, or any other source 

2 material, including the Code of Fed3 eral Regulations, the Foreign Affairs 

4 Manual, Department of State cables 

5 (classified or unclassified), and any 

6 official form, application, or petition 

7 used by the Secretary of Homeland 

8 Security, the Secretary of State, or 

9 the Secretary of Labor. 

10 ‘‘(iii) THIRD PARTY INTERMEDIARY.— 

11 The term ‘third party intermediary’— 

12 ‘‘(I) means any natural person or 

13 any corporation, company, firm, part14 nership, joint stock company or asso15 ciation, or other organization or enti16 ty, including municipal corporations 

17 that recruit, solicit, or engage in re18 lated activities with respect to an indi19 vidual who resides outside of the 

20 United States in furtherance of em21 ployment in the United States, includ22 ing when such activity occurs wholly 

23 outside of the United States; and 

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1 ing agencies, labor contractors, and 

2 sponsor organizations designated by 

3 the Secretary of State, including for4 profit and not-for-profit sponsor enti5 ties.’’. 

6 SEC. 3. AUTHORITY TO MODIFY FORMS. 

7 The Secretary of Homeland Security, the Secretary 

8 of State, and the Secretary of Labor shall take such steps 

9 as may be necessary to revise any applications, petitions, 

10 forms, or databases used to regulate the issuance of visas 

11 to nonimmigrants or the granting of nonimmigrant status 

12 in order to comply with the reporting requirements set 

13 forth in section 214(c)(8) of the Immigration and Nation14 ality Act, as amended by section 2. 

15 SEC. 4. INFORMATION SHARING. 

16 If the Secretary of Homeland Security determines 

17 that information collected or maintained by the Secretary 

18 of State or the Secretary of Labor is required to make 

19 a submission under section 214(c)(8) of the Immigration 

20 and Nationality Act, as amended by section 2, the Sec21 retary of State or the Secretary of Labor, as applicable, 

22 shall provide such information to the Secretary of Home23 land Security upon request. 

Æ 


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