I 

113TH CONGRESS 

2D SESSION H. R. 5197 

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 

JULY 24, 2014 

Ms. FRANKEL of Florida (for herself, Mr. DEUTCH, and Mr. HIMES) 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 ‘‘Transparency in Re5 porting to Protect American Workers and Prevent Human 

6 Trafficking Act’’. 

7 SEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES. 

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)(i)(I) The Secretary of Homeland Security 

2 annually shall submit to the Committees on the Judiciary 

3 of the House of Representatives and of the Senate and 

4 timely upload to a public website a report (along with the 

5 corresponding raw data set) with respect to each of the 

6 subparagraphs of sections 101(a)(15) and 214(e) that per7 mit employment in the United States under any cir8 cumstances, including cultural exchange, training, or busi9 ness activities which result in receiving any form of com10 pensation, including a stipend, from any source. 

11 ‘‘(II) Each report under subclause (I) shall contain 

12 the following data regarding any nonimmigrant visa or 

13 any grant of nonimmigrant status: 

14 ‘‘(aa) The number of aliens who were granted 

15 such a visa or status. 

16 ‘‘(bb) The number of aliens who had such visas 

17 or statuses that were expired, revoked, or otherwise 

18 terminated during each month of the preceding fis19 cal year. 

20 ‘‘(cc) Information on the countries of origin of 

21 (including local region or state if available), age, 

22 gender, and occupations of, educational levels at23 tained by, and compensation paid to aliens issued 

24 such visa or status. 


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1 ‘‘(dd) The names and addresses of employers 

2 and the number of aliens authorized per category 

3 and subclass to work for each employer, including 

4 the country of origin, age, and gender of each alien 

5 authorized to work for each employer, the alien’s 

6 primary work location, and secondary work location 

7 if one exists. 

8 ‘‘(III) Each report under subclause (I) shall contain 

9 the following data regarding any nonimmigrant visa cat10 egory or status (including extensions and transfers to an11 other visa category or subclass, or request to switch to 

12 another employer) that requires approval from the Sec13 retary of Homeland Security through a Petition for Non14 immigrant Worker, Form I–129 (or any successor form): 

15 ‘‘(aa) The number of petitions filed. 

16 ‘‘(bb) The number of petitions approved and 

17 the number of workers (by occupation) included in 

18 such approved petitions. 

19 ‘‘(cc) The number of petitions denied and the 

20 number of workers (by occupation) requested in 

21 such denied petitions. 

22 ‘‘(dd) The Standard Occupational Classification 

23 (SOC) code for each occupation in each approved pe24 tition. 

25 ‘‘(ee) The number of petitions withdrawn. 


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1 ‘‘(ff) The number of petitions awaiting final ac2 tion. 

3 ‘‘(ii) The Secretary of Homeland Security annually 

4 shall submit to the Committees on the Judiciary of the 

5 House of Representatives and of the Senate and timely 

6 upload to a public website a report (along with the cor7 responding raw data set) that contains the following: 

8 ‘‘(I) A list of all employers who petition for 

9 visas under section 101(a)(15)(H)(i)(b). 

10 ‘‘(II) The number of such petitions filed and 

11 approved for each such employer. 

12 ‘‘(III) The Standard Occupational Classifica13 tions (SOC) for the approved positions. 

14 ‘‘(IV) The number of nonimmigrants for whom 

15 each such employer files for adjustment to perma16 nent resident status. 

17 ‘‘(V) A list of all employers who are H–1B-de18 pendent employers (as defined in section 

19 212(n)(3)(A)). 

20 ‘‘(VI) A list of all employers for whom more 

21 than 30 percent of their United States workforce are 

22 nonimmigrants described in subparagraph (H)(i)(b) 

23 or (L) of section 101(a)(15). 

24 ‘‘(VII) A list of all employers for whom more 

25 than 50 percent of their United States workforce are 


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1 nonimmigrants described in subparagraph (H)(i)(b) 

2 or (L) of section 101(a)(15). 

3 ‘‘(VIII) A gender breakdown by occupation and 

4 by country of origin for the nonimmigrants described 

5 in section 101(a)(15)(H)(i)(b). 

6 ‘‘(IX) A list of all employers who conduct out7 placement of nonimmigrants described in section 

8 101(a)(15)(H)(i)(b). 

9 ‘‘(X) The number of nonimmigrants described 

10 in section 101(a)(15)(H)(i)(b) categorized by their 

11 highest level of education and major or primary field 

12 of study, and whether such education was obtained 

13 in the United States or in a foreign country. 

14 ‘‘(iii) The Secretary of Homeland Security annually 

15 shall submit to the Committees on the Judiciary of the 

16 House of Representatives and of the Senate and timely 

17 upload to a public website a report (along with the cor18 responding raw data set) that contains the following: 

19 ‘‘(I) A list of all employers who have filed peti20 tions with the Secretary of Homeland Security for 

21 nonimmigrants under section 101(a)(15)(L). 

22 ‘‘(II) The number of such petitions filed and 

23 approved for each such employer, whether each peti24 tion was processed by the Department of Homeland 


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1 Security or the Department of State as a blanket pe2 tition under paragraph (2)(A). 

3 ‘‘(III) The Standard Occupational Classifica4 tions (SOC) code for each occupation in each ap5 proved positions. 

6 ‘‘(IV) The amount of compensation paid to each 

7 beneficiary. 

8 ‘‘(V) The number of nonimmigrants described 

9 in section 101(a)(15)(L) for whom each such em10 ployer files for adjustment to permanent resident 

11 status. 

12 ‘‘(VI) A list of all employers for whom more 

13 than 30 percent of their United States workforce are 

14 nonimmigrants described in subparagraph (H)(i)(b) 

15 or (L) of section 101(a)(15). 

16 ‘‘(VII) A list of all employers for whom more 

17 than 50 percent of their United States workforce are 

18 nonimmigrants described in subparagraph (H)(i)(b) 

19 or (L) of section 101(a)(15). 

20 ‘‘(VIII)(aa) A list of all employers who have 

21 been authorized to file blanket petitions under para22 graph (2)(A), including those who were identified by 

23 aliens applying for a visa under section 

24 101(a)(15)(L) as the employer seeking to employ 

25 such aliens; and 


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1 ‘‘(bb) the number of such visa applications ap2 proved pursuant to each blanket petition. 

3 ‘‘(IX) A gender breakdown by occupation and 

4 by country of origin for the nonimmigrants described 

5 in section 101(a)(15)(L). 

6 ‘‘(X) list of all employers who conduct outplace7 ment of nonimmigrants described in section 

8 101(a)(15)(L). 

9 ‘‘(XI) The number of nonimmigrants described 

10 in section 101(a)(15)(L) categorized by their highest 

11 level of education and major or primary field of 

12 study, and whether such education was obtained in 

13 the United States or in a foreign country. 

14 ‘‘(XII) The number of petitions which have 

15 been authorized as blanket petitions under para16 graph (2)(A). 

17 ‘‘(iv) Reporting required by this subparagraph in18 cludes information gathered on petitions for nonimmigrant 

19 status or in any other manner, including consular proc20 essing, and computer systems managed by the Secretary 

21 of Homeland Security for tracking students and exchange 

22 visitors. 

23 ‘‘(v) The information included in the reports under 

24 this subparagraph shall be disaggregated by nonVerDate Mar 15 2010 22:57 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5197.IH H5197

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1 immigrant visa type and each subclass, if applicable as 

2 set forth in subparagraph (C). 

3 ‘‘(vi) The annual reports required under this sub4 paragraph shall be submitted not later than 3 months 

5 after the end of each fiscal year and shall contain data 

6 pertaining to the requested categories from the imme7 diately preceding fiscal year. 

8 ‘‘(B)(i) The Secretary of Homeland Security shall 

9 maintain an accurate count of the number of aliens sub10 ject to numerical limitations, if any, of the visa issued or 

11 nonimmigrant status provided, including under subsection 

12 (g)(1). 

13 ‘‘(ii) The Secretary of Homeland Security shall no14 tify, on a quarterly basis, the Committees on the Judiciary 

15 of the House of Representatives and the Senate of the 

16 numbers of aliens who during the preceding 3-month pe17 riod were issued visas or otherwise provided nonimmigrant 

18 status under section 101(a)(15)(H)(i)(b). 

19 ‘‘(iii) The Secretary of Homeland Security shall no20 tify, on a semiannual basis, the Committees on the Judici21 ary of the House of Representatives and the Senate of 

22 the number of aliens who during the preceding 1-year pe23 riod were issued visas or otherwise provided nonimmigrant 

24 status under all annually capped visas enumerated in secVerDate Mar 15 2010 22:57 Jul 29, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5197.IH H5197

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1 tion 101(a)(15) or who had such a visa or such status 

2 revoked or otherwise terminated. 

3 ‘‘(iv) Each notification under clause (i), and each 

4 submission under clause (ii), shall include the number of 

5 aliens who were issued visas or otherwise provided non6 immigrant status pursuant to petitions filed by institu7 tions or organizations described in section 212(p)(1). 

8 ‘‘(C) The Secretary of Homeland Security shall col9 lect and report the required data described in subpara10 graphs (A) and (B) for nonimmigrant visas issued, or non11 immigrant status granted, under any subparagraph of sec12 tion 101(a)(15) and disaggregate the data accordingly 

13 with respect to any particular subclass, or employment14 authorized exchange or training program authorized under 

15 each subclass or otherwise specified in regulations or Fed16 eral agency guidance or directives, including— 

17 ‘‘(i) with respect to section 101(a)(15)(J), the 

18 specific program provisions enumerated in subpart B 

19 of part 62 of title 22, Code of Federal Regulations; 

20 ‘‘(ii) with respect to section 101(a)(15)(B), the 

21 specific categories of business visitor activity enu22 merated in notes 9–11 of section 41.31 of volume 9, 

23 U.S. Department of State Foreign Affairs Manual; 

24 and 


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1 ‘‘(iii) with respect to section 101(a)(15)(F), all 

2 persons granted employment authorization pursuant 

3 to the provisions enumerated in section 214.2(f)(10) 

4 of title 8, Code of Federal Regulations. 

5 ‘‘(D) If the Secretary of Homeland Security deter6 mines that information maintained by either the Secretary 

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

8 a submission described in this paragraph, for example if 

9 any of the required information is gathered during con10 sular processing or during the labor certification process, 

11 the Secretaries of State and Labor shall provide such in12 formation to the Secretary of Homeland Security upon re13 quest. 

14 ‘‘(E) The Secretaries of Homeland Security, State, 

15 and Labor shall take such steps as are necessary to revise 

16 any applications, petition forms, and databases used for 

17 nonimmigrant visas or status under each subparagraph 

18 and corresponding subcategory or subclass of section 

19 101(a)(15) which permit an alien beneficiary to work in 

20 the United States under any circumstances, including 

21 training or business activities which result in receiving any 

22 form of compensation, including a stipend, from any 

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1 lected to report the data as required under this para2 graph.’’. 

Æ 


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