II 

117TH CONGRESS 

1ST SESSION S. 3406 

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 

DECEMBER 15, 2021 

Mr. BLUMENTHAL (for himself, Mr. CRUZ, Mr. LEAHY, and Mr. GRASSLEY) 

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 2021’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) BONA FIDE RESEARCH PURPOSES.—The 

9 term ‘‘bona fide research purposes’’— 


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1 (A) means a systematic study or investiga2 tion, including research, development, testing, 

3 and evaluation, designed to develop or to con4 tribute to fuller or generalizable knowledge or 

5 understanding; and 

6 (B) does not include— 

7 (i) purposes that are commercial, 

8 tortious, or criminal in nature; 

9 (ii) purposes that are related to immi10 gration enforcement; or 

11 (iii) nonresearch purposes that would 

12 not have been practicable, but for access to 

13 the information. 

14 (2) EMPLOYMENT.—The term ‘‘employment’’— 

15 (A) means employment in the United 

16 States; 

17 (B) includes cultural exchanges, training, 

18 and business activities in which the non19 immigrant receives any form of compensation 

20 (including a stipend) from any source, whether 

21 paid in the United States or in the non22 immigrant’s country of origin, and whether or 

23 not authorized by law; and 

24 (C) does not include the activities of a non25 immigrant described in section 101(a)(15)(B) 


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1 of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(15)(B)), except— 

3 (i) personal or domestic servants ac4 companying or following to join a non5 immigrant employer who seeks admission 

6 into, or is already in, the United States; 

7 (ii) personal or domestic servants ac8 companying or following to join a United 

9 States citizen employer who has a perma10 nent home or is stationed in a foreign 

11 country, and who is temporarily visiting 

12 the United States; 

13 (iii) nonimmigrants engaged in train14 ing, services, or work normally allowed 

15 under other nonimmigrant visa classifica16 tions, including— 

17 (I) services described in clause 

18 (i)(b) of section 101(a)(15)(H) of the 

19 Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(15)); and 

21 (II) training described in clause 

22 (iii) of such section; and 

23 (iv) nonimmigrants engaged in the su24 pervision or training of others engaged in 

25 building or construction work, but not for 


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1 the purpose of performing any such build2 ing or construction work themselves (as de3 scribed in section 214.2(b)(5) of title 8, 

4 Code of Federal Regulations and section 

5 41.31(b)(1) of title 22, Code of Federal 

6 Regulations). 

7 (3) LAW ENFORCEMENT.—The term ‘‘law en8 forcement’’ includes— 

9 (A) Federal law enforcement officers (as 

10 defined in section 115(c)(1) of title 18, United 

11 States Code); 

12 (B) Federal law enforcement officers and 

13 local law enforcement officers (as such terms 

14 are defined in paragraphs (5) and (6) of sub15 section (b) of the Combat Human Trafficking 

16 Act of 2015 (34 U.S.C. 20709)); and 

17 (C) State attorneys general (as defined in 

18 section 4G(1) of the Clayton Act (15 U.S.C. 

19 15g(1))). 

20 (4) NONIMMIGRANT VISA CLASSIFICATION, STA21 TUS, OR SUBCLASSIFICATION.—The term ‘‘non22 immigrant visa classification, status, or subclassi23 fication’’ means any program, level, category, sub24 category, or other type of grouping that— 


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1 (A) is part of a nonimmigrant visa classi2 fication or status— 

3 (i) described in section 101(a)(15) or 

4 214(e) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(a)(15) and 1184(e)); 

6 or 

7 (ii) otherwise established under the 

8 immigration laws (as defined in section 

9 101(a)(17) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(17))); and 

11 (B) may be specifically created, delineated, 

12 or defined in— 

13 (i) any Federal statute, regulation, 

14 agency guidance, directive, memo, or any 

15 other source material, including the Code 

16 of Federal Regulations, the Foreign Af17 fairs Manual, and Department of State ca18 bles (classified or unclassified); or 

19 (ii) any official form, application, or 

20 petition used by the Secretary of Home21 land Security, the Secretary of State, or 

22 the Secretary of Labor. 

23 (5) SERVICE PROVIDERS TO HUMAN TRAF24 FICKING VICTIMS.—The term ‘‘service providers to 

25 human trafficking victims’’ means any nonprofit, 


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1 nongovernmental organization that has significant 

2 knowledge and substantial experience in human traf3 ficking prevention and eradication, investigation and 

4 identification of human trafficking, and delivering 

5 wrap-around services to human trafficking victims, 

6 including grant recipients under— 

7 (A) section 107(b)(2)(A), 107(f), or 112A 

8 of the Trafficking Victims Protection Act of 

9 2000 (22 U.S.C. 7105(b)(2)(A), 7105(f), and 

10 7109a); or 

11 (B) section 202 or 203 of the Trafficking 

12 Victims Protection Reauthorization Act of 2005 

13 (34 U.S.C. 20702 and 20703). 

14 (6) TEMPORARY FOREIGN NONIMMIGRANT

15 WORKER.—The term ‘‘temporary foreign non16 immigrant worker’’ means— 

17 (A) a nonimmigrant— 

18 (i) who has been issued a visa under 

19 section 101(a)(15) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(15)); 

21 (ii) who has petitioned for, requested, 

22 or otherwise applied for a visa described in 

23 subparagraph (A); or 

24 (iii) for whom such a visa has been 

25 petitioned, requested, or applied; and 


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1 (B) any person authorized to be employed 

2 in the United States under any nonimmigrant 

3 visa classification, subclassification, or program 

4 for nonimmigrants that authorizes employment, 

5 except for persons who were issued non6 immigrant visas for the purpose of victim or 

7 witness protection. 

8 (7) THIRD PARTY INTERMEDIARY.—The term 

9 ‘‘third party intermediary’’— 

10 (A) means any natural person, corporation, 

11 company, firm, partnership, joint stock com12 pany or association, or other organization or 

13 entity, including municipal corporations, that 

14 recruits, solicits, or engages in related activities 

15 with respect to an individual who resides out16 side of the United States in furtherance of em17 ployment in the United States, including when 

18 such activity occurs outside of the United 

19 States; and 

20 (B) includes recruiters, subrecruiters, 

21 placement agencies, staffing agencies, labor 

22 contractors, and sponsor organizations des23 ignated by the Secretary of State, including for24 profit and not-for-profit sponsor entities. 


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1 (8) WORKER PROTECTION ORGANIZATION.— 

2 The term ‘‘worker protection organization’’ means 

3 any nonprofit, nongovernmental organization that— 

4 (A) promotes compliance with antidiscrimi5 nation, wage, occupational health and safety, 

6 workers’ compensation and other labor and em7 ployment laws and regulations; or 

8 (B) otherwise advocates for safeguarding 

9 labor standards and improving workplace pro10 tections and working conditions. 

11 SEC. 3. ANNUAL REPORT TO CONGRESS ON NON12 IMMIGRANT VISAS. 

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

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

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

16 fiscal year, the Secretary of Homeland Security shall sub17 mit a report to the Committee on the Judiciary of the Sen18 ate and the Committee on the Judiciary of the House of 

19 Representatives that includes, with respect to the report20 ing period— 

21 ‘‘(A) the number of citizens of countries with a 

22 Compact of Free Association with the United States 

23 who— 


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1 ‘‘(i) are authorized by such Compact to re2 side indefinitely in the United States as non3 immigrants; and 

4 ‘‘(ii) were admitted to the United States; 

5 ‘‘(B) the ports of entry at which the individuals 

6 described in subparagraph (A) were admitted; and 

7 ‘‘(C) with respect to each nonimmigrant visa 

8 classification, subclassification, or program for non9 immigrants that authorizes employment, as applica10 ble (except for visas issued for the purpose of victim 

11 or witness protection), to the extent that the fol12 lowing data are collected by the Department of 

13 Homeland Security, the Department of Labor, the 

14 Department of State, or any other Federal agency to 

15 which the collection of such data has been delegated 

16 by any such Department, or by any successor agency 

17 to any such department— 

18 ‘‘(i) the number of visas that were issued; 

19 ‘‘(ii) the number of persons who were ad20 mitted into the United States; 

21 ‘‘(iii) the number of persons who were oth22 erwise granted legal status; 

23 ‘‘(iv) the number of visas that expired, 

24 were revoked, or were otherwise terminated, re25 spectively; 


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1 ‘‘(v) the number of temporary foreign non2 immigrant workers employed in each State; 

3 ‘‘(vi) the 10 employers that hired the most 

4 temporary foreign nonimmigrant workers; 

5 ‘‘(vii) the 10 occupations, listed by Stand6 ard Occupational Classification Code, in which 

7 the largest number of temporary foreign non8 immigrant workers are employed in the United 

9 States, and the average hourly and yearly sal10 ary paid to temporary foreign nonimmigrant 

11 workers in each such occupation; 

12 ‘‘(viii) the 10 most common nationalities of 

13 temporary foreign nonimmigrant workers; 

14 ‘‘(ix) the 10 third party intermediaries that 

15 recruited or hired the most temporary foreign 

16 nonimmigrant workers; 

17 ‘‘(x) the percentage of temporary foreign 

18 nonimmigrant workers at each major education 

19 level; 

20 ‘‘(xi) the percentage of temporary foreign 

21 nonimmigrant workers who are younger than 

22 20 years of age, between 20 and 24 years of 

23 age, between 25 and 29 years of age, between 

24 30 and 34 years of age, between 35 and 39 

25 years of age, between 40 and 44 years of age, 


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1 between 45 and 49 years of age, between 50 

2 and 54 years of age, between 55 and 59 years 

3 of age, between 60 and 64 years of age, or 

4 older than 65 years of age, respectively; 

5 ‘‘(xii) the percentage of temporary foreign non6 immigrant workers of each sex who were issued 

7 visas; and 

8 ‘‘(xiii) the source of the data described in 

9 clauses (i) through (xii).’’. 

10 SEC. 4. DATABASE. 

11 (a) IN GENERAL.— 

12 (1) AVAILABILITY OF INFORMATION.—At the 

13 time the Secretary of Homeland Security submits 

14 each annual report under section 214(c)(8) of the 

15 Immigration and Nationality Act, as amended by 

16 section 3, with respect to each temporary foreign 

17 nonimmigrant worker, the Secretary shall make the 

18 information described in subsection (b) (except for 

19 information regarding visas issued for the purpose of 

20 victim or witness protection) that is collected by the 

21 Department of Homeland Security, the Department 

22 of Labor, the Department of State, or any other 

23 Federal agency to which the collection of such data 

24 has been delegated by any such department, or by 


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1 any successor agency to any such department on a 

2 dedicated and searchable database. 

3 (2) SOURCES; REDUNDANCIES.—The database 

4 established pursuant to paragraph (1) shall— 

5 (A) indicate the sources from which the in6 formation described in subsection (b) is derived; 

7 and 

8 (B) to the extent that any of the informa9 tion described in subsection (b) is available 

10 from more than 1 source or Federal agency— 

11 (i) reproduce the information from 

12 each source or Federal agency; and 

13 (ii) indicate the source from which 

14 such information was derived, including 

15 the Federal agency and any relevant peti16 tion or application form. 

17 (b) REQUIRED INFORMATION.— 

18 (1) BIOGRAPHICAL INFORMATION.—The infor19 mation made available in the database established 

20 pursuant to subsection (a) shall include, for each 

21 temporary foreign nonimmigrant worker— 

22 (A) his or her age; 

23 (B) his or her sex; 

24 (C) his or her country of origin and local 

25 region or State; 


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1 (D) the highest level of education attained, 

2 the institution from which such education was 

3 attained, and his or her primary field of study; 

4 and 

5 (E) the name of the university at which he 

6 or she is enrolled. 

7 (2) VISA INFORMATION.—The information 

8 made available in the database established pursuant 

9 to subsection (a) shall include, for each visa re10 quested by a temporary foreign nonimmigrant work11 er— 

12 (A) the visa classification or status that 

13 was requested, including— 

14 (i) any applicable subclassification, 

15 preference, or program associated with the 

16 visa classification or status; and 

17 (ii) if applicable, any section cited 

18 from the Code of Federal Regulations, 

19 Foreign Affairs Manual, or any other Fed20 eral guidance document that corresponds 

21 to such subclassification, preference, or 

22 program; 

23 (B) whether the request is for a new visa 

24 or an extension of an existing visa or status; 


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1 (C) the status of the visa, such as issued, 

2 expired, revoked, or terminated; 

3 (D) whether the visa was issued pursuant 

4 to a blanket petition; and 

5 (E) whether the visa or status was issued 

6 at a port of entry and, if so, the port of entry 

7 where it was issued. 

8 (3) EMPLOYMENT INFORMATION.—The infor9 mation made available in the database established 

10 pursuant to subsection (a) shall include— 

11 (A) for each offer of employment in the 

12 United States— 

13 (i) the temporary foreign non14 immigrant worker’s occupation and the 

15 standard occupational classification code 

16 for the occupation, or any other occupa17 tional code listed; 

18 (ii) the wages, salary, and any other 

19 compensation to be paid to the temporary 

20 foreign nonimmigrant worker; 

21 (iii) the address where the temporary 

22 foreign nonimmigrant worker will work, 

23 and any additional worksite addresses; 


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1 (iv) the address where the temporary 

2 foreign nonimmigrant worker will reside 

3 during his or her employment; 

4 (v) whether the temporary foreign 

5 nonimmigrant worker will be assigned to 

6 work at an offsite location; and 

7 (vi) whether the temporary foreign 

8 nonimmigrant worker’s position is a full9 time position; and 

10 (B) for each accepted offer of employment 

11 in the United States— 

12 (i) the dates on which the temporary 

13 foreign nonimmigrant worker began and 

14 ended employment; and 

15 (ii) the date on which the temporary 

16 foreign nonimmigrant worker entered the 

17 United States. 

18 (4) EMPLOYER INFORMATION.—The informa19 tion made available in the database established pur20 suant to subsection (a) shall include, for each em21 ployer of temporary foreign nonimmigrant workers— 

22 (A) the name and address of the employer; 

23 (B) if the employer is a household em24 ployer, the nationality of the employer; 


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1 (C) whether the employer is an H–1B de2 pendent employer (as defined in section 

3 212(n)(3)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(n)(3)(A))); 

5 (D) whether the employer has ever been 

6 found to be a willful violator or to have violated 

7 any law or regulation under the employment, 

8 labor, or immigration laws of the United States; 

9 (E) whether the employer conducts out10 placement of nonimmigrants; and 

11 (F) the percentage of nonimmigrants com12 prising the United States workforce of the em13 ployer, including whether the percentage is less 

14 than 30 percent, between 30 and 50 percent, or 

15 more than 50 percent. 

16 (5) APPLICATION INFORMATION.—The informa17 tion made available in the database established pur18 suant to subsection (a) shall include, for each appli19 cation filed on behalf of a temporary foreign non20 immigrant worker— 

21 (A) the date on which the application was 

22 filed; 

23 (B) the status of such application, such as 

24 approved, rejected, denied, withdrawn, or await25 ing final action; 


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1 (C) whether the application was for the 

2 purpose of— 

3 (i) beginning new employment; 

4 (ii) continuing previously approved 

5 employment with the same employer with6 out change; 

7 (iii) changing from previously ap8 proved employment; 

9 (iv) new concurrent employment; 

10 (v) changing of employer; 

11 (vi) amending a petition; 

12 (vii) requesting initial permission to 

13 accept employment; 

14 (viii) renewing permission to accept 

15 employment; or 

16 (ix) something not described in 

17 clauses (i) through (viii); 

18 (D) whether the application was a blanket 

19 petition; 

20 (E) the total number of temporary foreign 

21 nonimmigrant workers included in the applica22 tion; 

23 (F) the application number; 

24 (G) whether the temporary foreign non25 immigrant worker is eligible for employment auVerDate Sep 11 2014 03:38 Dec 18, 2021 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3406.IS S3406

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1 thorization based on pre-completion optional 

2 practical training, post-completion optional 

3 practical training, or STEM optional practical 

4 training; 

5 (H) if the temporary foreign nonimmigrant 

6 worker is eligible for employment authorization 

7 based on STEM optional practical training— 

8 (i) the worker’s degree; and 

9 (ii) the name of the worker’s em10 ployer; and 

11 (I) the name of the person or entity that 

12 filed a permanent status petition on the behalf 

13 of the temporary foreign nonimmigrant worker. 

14 (6) THIRD PARTY INTERMEDIARY INFORMA15 TION.—The information made available in the data16 base established pursuant to subsection (a) shall in17 clude the name and last known domestic and foreign 

18 business address of any third party intermediary in19 volved in identifying workers for employment in the 

20 United States with a nonimmigrant visa. 

21 (c) RECIPIENT ENTITIES.— 

22 (1) IN GENERAL.—The database established 

23 pursuant to subsection (a), including all personally 

24 identifiable information including in such database, 

25 shall be made available only to— 


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1 (A) law enforcement agencies; 

2 (B) service providers to human trafficking 

3 victims; 

4 (C) worker protection organizations; or 

5 (D) entities agreeing to only use such in6 formation for bona fide research purposes. 

7 (2) CERTIFICATION.—Any entity receiving data 

8 under paragraph (1)(D) for bona fide research pur9 poses shall certify that the entity— 

10 (A) will only use the data for research pur11 poses; and 

12 (B) will not share or disclose the data in 

13 disaggregated form, in a manner that would 

14 make any personally identifiable information 

15 discernible, with any individual or entity that 

16 has not been approved by the Department of 

17 Homeland Security to receive such 

18 disaggregated data. 

19 (3) PRIVACY PROTECTION.—Any government 

20 official who uses information contained in the data21 base established pursuant to subsection (a) shall 

22 take reasonable steps to ensure that such use does 

23 not enable such information to be manipulated— 

24 (A) to identify an individual nonimmigrant 

25 to whom the information relates; or 


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1 (B) to disaggregate such information into 

2 its component parts. 

3 (d) RULEMAKING.—The Secretary of Homeland Se4 curity shall— 

5 (1) promulgate a rule that establishes— 

6 (A) procedures for requesting and access7 ing information contained in the database es8 tablished pursuant to subsection (a), which ac9 cess may not be limited to fewer than 5 years; 

10 and 

11 (B) security procedures for protecting such 

12 information, including rules relating to per13 sonnel security, physical security, and network 

14 security; and 

15 (2) promulgate regulations making the informa16 tion described in subsection (a) available to the pub17 lic in a searchable database format, except for— 

18 (A) any personally identifiable information, 

19 including— 

20 (i) worksite address, but shall include 

21 the State in which the worksite is located; 

22 and 

23 (ii) the names of any household em24 ployers; 


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1 (B) any query that returns fewer than 10 

2 workers; and 

3 (C) any information that, alone or in com4 bination, would allow a reasonable person who 

5 does not have personal knowledge of the rel6 evant circumstances, to identify a specific tem7 porary foreign nonimmigrant worker with rea8 sonable certainty. 

9 SEC. 5. AUTHORITY TO MODIFY FORMS. 

10 The Secretary of Homeland Security, the Secretary 

11 of State, and the Secretary of Labor may take such steps 

12 as may be necessary to revise any application, petition, 

13 form, or database used to regulate the issuance of visas 

14 to nonimmigrants or to grant nonimmigrant status to 

15 comply with the reporting requirements set forth in sec16 tion 214(c)(8) of the Immigration and Nationality Act, as 

17 amended by section 3. 

18 SEC. 6. AUTHORITY TO IMMEDIATELY UPDATE FEES. 

19 Notwithstanding the requirements under chapter 5 of 

20 title 5, United States Code (commonly referred to as the 

21 ‘‘Administrative Procedure Act’’) or any other law, the 

22 Secretary of Homeland Security, the Secretary of State, 

23 or the Secretary of Labor may, without notice and com24 ment, reasonably adjust applicable fees charged to any 

25 person or entity to the extent necessary to recover the full 


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1 cost implementing this Act or the amendments made by 

2 this Act. 

3 SEC. 7. INFORMATION SHARING. 

4 The Secretary of State and the Secretary of Labor 

5 shall— 

6 (1) annually submit to the Secretary of Home7 land Security, in a timely manner, any information 

8 collected or maintained by the Department of State 

9 or the Department of Labor that is required to be 

10 included in the annual report under section 

11 214(c)(8) of the Immigration and Nationality Act, 

12 as amended by section 3; and 

13 (2) provide any other related information to the 

14 Secretary of Homeland Security, upon request, that 

15 may be necessary to carry out the Secretary of 

16 Homeland Security’s responsibilities under this Act 

17 and the amendment made by section 3. 

18 SEC. 8. EXEMPTION FROM PAPERWORK REDUCTION ACT. 

19 The requirements under chapter 35 of title 44, 

20 United States Code (commonly referred to as the ‘‘Paper21 work Reduction Act’’), shall not apply to any action to 

22 implement this Act or the amendments made by this Act. 

23 SEC. 9. PROGRESSIVE IMPLEMENTATION. 

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

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


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1 Homeland Security shall submit the first report required 

2 under section 214(c)(8) of the Immigration and Nation3 ality Act, as amended by section 3, based on the informa4 tion that is available from the Department of Homeland 

5 Security, the Department of Labor, and the Department 

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

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

8 date of the enactment of this Act, the Secretary of Home9 land Security shall submit the report required under sec10 tion 214(c)(8) of the Immigration and Nationality Act, as 

11 amended by section 3, which shall include all of the infor12 mation and data listed in subparagraph (C) of such sec13 tion, which is collected by the Department of Homeland 

14 Security, the Department of Labor, the Department of 

15 State, or any other Federal agency to which the collection 

16 of such data has been delegated by any such Department, 

17 or by any successor agency to any such Department. 

18 SEC. 10. CONTINUED REPORTING. 

19 (a) IN GENERAL.—Federal and State administrative 

20 agencies shall continue to publicly report all nonimmigrant 

21 visa data required by law as of the day before the date 

22 of the enactment of this Act. 

23 (b) SAVINGS PROVISION.—None of the reporting re24 quirements under this Act or the amendments made by 

25 this Act may be construed to replace— 


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1 (1) any reporting requirements under any stat2 ute or regulation in effect on the date of the enact3 ment of this Act; or 

4 (2) any reports or publicly available microdata 

5 published by any Federal agency pertaining to any 

6 nonimmigrant visa classification that authorizes em7 ployment. 

Æ 


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