II 

110TH CONGRESS 

1ST SESSION S. 31 

To amend the Immigration and Nationality Act to reduce fraud in certain 

visa programs for aliens working temporarily in the United States. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2007 

Ms. COLLINS 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 reduce 

fraud in certain visa programs for aliens working temporarily in the United States. 

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 ‘‘H–1B Visa Fraud Pre5 vention Act of 2007’’. 

6 SEC. 2. H–1B EMPLOYER REQUIREMENTS. 

7 (a) PROHIBITION OF OUTPLACEMENT.— 

8 (1) IN GENERAL.—Section 212(n) of the Immi9 gration and Nationality Act (8 U.S.C. 1182(n)) is 

10 amended— 

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1 (A) in paragraph (1), by amending sub2 paragraph (F) to read as follows: 

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

4 lease, or otherwise contract for the placement of an 

5 alien admitted or provided status as an H–1B non6 immigrant with another employer if the worksite of 

7 the receiving employer is located in a different 

8 State;’’ and 

9 (B) in paragraph (2), by striking subpara10 graph (E). 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by paragraph (1) shall apply to applications filed on 

13 or after the date of the enactment of this Act. 

14 (b) IMMIGRATION DOCUMENTS.—Section 204 of such 

15 Act (8 U.S.C. 1154) is amended by adding at the end the 

16 following: 

17 ‘‘(l) EMPLOYER TO SHARE ALL IMMIGRATION PA18 PERWORK EXCHANGED WITH FEDERAL AGENCIES.—Not 

19 later than 10 working days after receiving a written re20 quest from a former, current, or future employee or bene21 ficiary, an employer shall provide the employee or bene22 ficiary with the original (or a certified copy of the original) 

23 of all petitions, notices, and other written communication 

24 exchanged between the employer and the Department of 

25 Labor, the Department of Homeland Security, or any 

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1 other Federal agency that is related to an immigrant or 

2 nonimmigrant petition filed by the employer for the em3 ployee or beneficiary.’’. 

4 SEC. 3. H–1B GOVERNMENT AUTHORITY AND REQUIRE5 MENTS. 

6 (a) SAFEGUARDS AGAINST FRAUD AND MISREPRE7 SENTATION IN APPLICATION REVIEW PROCESS.—Section 

8 212(n)(1) of the Immigration and Nationality Act (8 

9 U.S.C. 1182(n)) is amended— 

10 (1) in the undesignated paragraph at the end, 

11 by striking ‘‘The employer’’ and inserting the fol12 lowing: 

13 ‘‘(H) The employer’’; and 

14 (2) in subparagraph (H), as designated by 

15 paragraph (1) of this subsection— 

16 (A) by inserting ‘‘and through the Depart17 ment of Labor’s website, without charge.’’ after 

18 ‘‘D.C.’’; 

19 (B) by inserting ‘‘, clear indicators of 

20 fraud, misrepresentation of material fact,’’ after 

21 ‘‘completeness’’; 

22 (C) by striking ‘‘or obviously inaccurate’’ 

23 and inserting ‘‘, presents clear indicators of 

24 fraud or misrepresentation of material fact, or 

25 is obviously inaccurate’’; 

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1 (D) by striking ‘‘within 7 days of’’ and in2 serting ‘‘not later than 14 days after’’; and 

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

4 the Secretary’s review of an application identi5 fies clear indicators of fraud or misrepresenta6 tion of material fact, the Secretary may conduct 

7 an investigation and hearing under paragraph 

8 (2).’’. 

9 (b) INVESTIGATIONS BY DEPARTMENT OF LABOR.— 

10 Section 212(n)(2) of such Act is amended— 

11 (1) in subparagraph (A), by striking ‘‘The Sec12 retary shall conduct’’ and all that follows and insert13 ing ‘‘Upon the receipt of such a complaint, the Sec14 retary may initiate an investigation to determine if 

15 such a failure or misrepresentation has occurred.’’; 

16 (2) in subparagraph (C)(i)— 

17 (A) by striking ‘‘a condition of paragraph 

18 (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con19 dition under subparagraph (B), (C)(i), (E), (F), 

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

21 (B) by striking ‘‘(1)(C)’’ and inserting 

22 ‘‘(1)(C)(ii)’’; 

23 (3) in subparagraph (G)— 

24 (A) in clause (i), by striking ‘‘if the Sec25 retary’’ and all that follows and inserting ‘‘with 

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1 regard to the employer’s compliance with the 

2 requirements of this subsection.’’; 

3 (B) in clause (ii), by striking ‘‘and whose 

4 identity’’ and all that follows through ‘‘failure 

5 or failures.’’ and inserting ‘‘the Secretary of 

6 Labor may conduct an investigation into the 

7 employer’s compliance with the requirements of 

8 this subsection.’’; 

9 (C) in clause (iii), by striking the last sen10 tence; 

11 (D) by striking clauses (iv) and (v); 

12 (E) by redesignating clauses (vi), (vii), and 

13 (viii) as clauses (iv), (v), and (vi), respectively; 

14 (F) by amending clause (v), as redesig15 nated, to read as follows: 

16 ‘‘(v) The Secretary of Labor shall provide notice to 

17 an employer of the intent to conduct an investigation. The 

18 notice shall be provided in such a manner, and shall con19 tain sufficient detail, to permit the employer to respond 

20 to the allegations before an investigation is commenced. 

21 The Secretary is not required to comply with this clause 

22 if the Secretary determines that such compliance would 

23 interfere with an effort by the Secretary to investigate or 

24 secure compliance by the employer with the requirements 

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1 of this subsection. A determination by the Secretary under 

2 this clause shall not be subject to judicial review.’’; 

3 (G) in clause (vi), as redesignated, by 

4 striking ‘‘An investigation’’ and all that follows 

5 through ‘‘the determination.’’ and inserting ‘‘If 

6 the Secretary of Labor, after an investigation 

7 under clause (i) or (ii), determines that a rea8 sonable basis exists to make a finding that the 

9 employer has failed to comply with the require10 ments under this subsection, the Secretary shall 

11 provide interested parties with notice of such 

12 determination and an opportunity for a hearing 

13 in accordance with section 556 of title 5, 

14 United States Code, not later than 120 days 

15 after the date of such determination.’’; and 

16 (H) by adding at the end the following: 

17 ‘‘(vii) The Secretary of Labor may impose a penalty 

18 under subparagraph (C) if the Secretary, after a hearing, 

19 finds a reasonable basis to believe that— 

20 ‘‘(I) the employer has violated the requirements 

21 under this subsection; and 

22 ‘‘(II) the violation was not made in good 

23 faith.’’; and 

24 (4) by striking subparagraph (H). 

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1 (c) INFORMATION SHARING BETWEEN DEPARTMENT

2 OF LABOR AND DEPARTMENT OF HOMELAND SECU3 RITY.—Section 212(n)(2) of such Act, as amended by this 

4 section, is further amended by inserting after subpara5 graph (G) the following: 

6 ‘‘(H) The Director of United States Citizenship 

7 and Immigration Services shall provide the Secretary 

8 of Labor with any information contained in the ma9 terials submitted by H–1B employers as part of the 

10 adjudication process that indicates that the employer 

11 is not complying with H–1B visa program require12 ments. The Secretary may initiate and conduct an 

13 investigation and hearing under this paragraph after 

14 receiving information of noncompliance under this 

15 subparagraph.’’. 

16 (d) AUDITS.—Section 212(n)(2)(A) of such Act, as 

17 amended by this section, is further amended by adding 

18 at the end the following: ‘‘The Secretary may conduct sur19 veys of the degree to which employers comply with the re20 quirements under this subsection and may conduct annual 

21 compliance audits of employers that employ H–1B non22 immigrants.’’. 

23 (e) PENALTIES.—Section 212(n)(2)(C) of such Act, 

24 as amended by this section, is further amended— 

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1 (1) in clause (i)(I), by striking ‘‘$1,000’’ and 

2 inserting ‘‘$2,000’’; 

3 (2) in clause (ii)(I), by striking ‘‘$5,000’’ and 

4 inserting ‘‘$10,000’’; and 

5 (3) in clause (vi)(III), by striking ‘‘$1,000’’ and 

6 inserting ‘‘$2,000’’. 

7 (f) INFORMATION PROVIDED TO H–1B NON8 IMMIGRANTS UPON VISA ISSUANCE.—Section 212(n) of 

9 such Act, as amended by this section, is further amended 

10 by inserting after paragraph (2) the following: 

11 ‘‘(3)(A) Upon issuing an H–1B visa to an applicant 

12 outside the United States, the issuing office shall provide 

13 the applicant with— 

14 ‘‘(i) a brochure outlining the employer’s obliga15 tions and the employee’s rights under Federal law, 

16 including labor and wage protections; 

17 ‘‘(ii) the contact information for Federal agen18 cies that can offer more information or assistance in 

19 clarifying employer obligations and workers’ rights; 

20 and 

21 ‘‘(iii) a copy of the employer’s H–1B applica22 tion for the position that the H–1B nonimmigrant 

23 has been issued the visa to fill. 

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1 ‘‘(B) Upon the issuance of an H–1B visa to an alien 

2 inside the United States, the officer of the Department 

3 of Homeland Security shall provide the applicant with— 

4 ‘‘(i) a brochure outlining the employer’s obliga5 tions and the employee’s rights under Federal law, 

6 including labor and wage protections; 

7 ‘‘(ii) the contact information for Federal agen8 cies that can offer more information or assistance in 

9 clarifying employer’s obligations and workers’ rights; 

10 and 

11 ‘‘(iii) a copy of the employer’s H–1B applica12 tion for the position that the H–1B nonimmigrant 

13 has been issued the visa to fill.’’. 

14 SEC. 4. H–1B WHISTLEBLOWER PROTECTIONS. 

15 Section 212(n)(2)(C)(iv) of the Immigration and Na16 tionality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended— 

17 (1) by inserting ‘‘take, fail to take, or threaten 

18 to take or fail to take, a personnel action, or’’ before 

19 ‘‘to intimidate’’; and 

20 (2) by adding at the end the following: ‘‘An em21 ployer that violates this clause shall be liable to the 

22 employees harmed by such violation for lost wages 

23 and benefits.’’. 

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1 SEC. 5. FRAUD ASSESSMENT. 

2 Not later than 30 days after the date of the enact3 ment of this Act, the Director of United States Citizenship 

4 and Immigration Services shall submit to Congress a 

5 fraud risk assessment of the H–1B visa program. 

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