II 

117TH CONGRESS 

2D SESSION S. 3720 

To amend the Immigration and Nationality Act to reform and reduce fraud 

and abuse in certain visa programs for aliens working temporarily in 

the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2022 

Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. BLUMENTHAL, Mr. 

TUBERVILLE, Mr. BROWN, Mr. HAGERTY, and Mr. SANDERS) 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 reform 

and reduce fraud and abuse in certain visa programs 

for aliens working temporarily in the United States, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘H–1B and L–1 Visa Reform Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—H–1B VISA FRAUD AND ABUSE PROTECTIONS 

Subtitle A—H–1B Employer Application Requirements 

Sec. 101. Modification of application requirements. 

Sec. 102. New application requirements. 

Sec. 103. Application review requirements. 

Sec. 104. H–1B visa allocation. 

Sec. 105. H–1B workers employed by institutions of higher education. 

Sec. 106. Specialty occupation to require an actual degree. 

Sec. 107. Labor condition application fee. 

Sec. 108. H–1B subpoena authority for the Department of Labor. 

Sec. 109. Limitation on extension of H–1B petition. 

Sec. 110. Elimination of B–1 visas in lieu of H–1 visas. 

Subtitle B—Investigation and Disposition of Complaints Against H–1B 

Employers 

Sec. 111. General modification of procedures for investigation and disposition. 

Sec. 112. Investigation, working conditions, and penalties. 

Sec. 113. Waiver requirements. 

Sec. 114. Initiation of investigations. 

Sec. 115. Information sharing. 

Sec. 116. Conforming amendment. 

Subtitle C—Other Protections 

Sec. 121. Posting available positions through the Department of Labor. 

Sec. 122. Transparency and report on wage system. 

Sec. 123. Requirements for information for H–1B and L–1 nonimmigrants. 

Sec. 124. Additional Department of Labor employees. 

Sec. 125. Technical correction. 

Sec. 126. Application. 

TITLE II—L–1 VISA FRAUD AND ABUSE PROTECTIONS 

Sec. 201. Prohibition on replacement of United States workers and restricting 

outplacement of L–1 nonimmigrants. 

Sec. 202. L–1 employer petition requirements for employment at new offices. 

Sec. 203. Cooperation with Secretary of State. 

Sec. 204. Investigation and disposition of complaints against L–1 employers. 

Sec. 205. Wage rate and working conditions for L–1 nonimmigrants. 

Sec. 206. Penalties. 

Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. 

Sec. 208. Adjudication by Department of Homeland Security of petitions under 

blanket petition. 

Sec. 209. Reports on employment-based nonimmigrants. 

Sec. 210. Specialized knowledge. 

Sec. 211. Technical amendments. 

Sec. 212. Application. 


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1 TITLE I—H–1B VISA FRAUD AND 

2 ABUSE PROTECTIONS 

3 Subtitle A—H–1B Employer 

4 Application Requirements 

5 SEC. 101. MODIFICATION OF APPLICATION REQUIRE6 MENTS. 

7 (a) GENERAL APPLICATION REQUIREMENTS.—Sec8 tion 212(n)(1)(A) of the Immigration and Nationality Act 

9 (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: 

10 ‘‘(A) The employer— 

11 ‘‘(i) is offering and will offer to H–1B non12 immigrants, during the period of authorized 

13 employment for each H–1B nonimmigrant, 

14 wages that are determined based on the best in15 formation available at the time the application 

16 is filed and which are not less than the highest 

17 of— 

18 ‘‘(I) the locally determined prevailing 

19 wage level for the occupational classifica20 tion in the area of employment; 

21 ‘‘(II) the median wage for all workers 

22 in the occupational classification in the 

23 area of employment; and 

24 ‘‘(III) the median wage for skill level 

25 2 in the occupational classification found 


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1 in the most recent Occupational Employ2 ment Statistics survey; and 

3 ‘‘(ii) will provide working conditions for 

4 such H–1B nonimmigrant that will not ad5 versely affect the working conditions of United 

6 States workers similarly employed by the em7 ployer or by an employer with which such H– 

8 1B nonimmigrant is placed pursuant to a waiv9 er under paragraph (2)(E).’’. 

10 (b) INTERNET POSTING REQUIREMENT.—Section 

11 212(n)(1)(C) of such Act is amended— 

12 (1) by redesignating clause (ii) as subclause 

13 (II); 

14 (2) by striking ‘‘(i) has provided’’ and inserting 

15 the following: 

16 ‘‘(ii)(I) has provided’’; and 

17 (3) by inserting before clause (ii), as redesig18 nated by paragraph (2), the following: 

19 ‘‘(i) has posted on the Internet website de20 scribed in paragraph (3), for at least 30 cal21 endar days, a detailed description of each posi22 tion for which a nonimmigrant is sought that 

23 includes a description of— 

24 ‘‘(I) the wages and other terms and 

25 conditions of employment; 


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1 ‘‘(II) the minimum education, train2 ing, experience, and other requirements for 

3 the position; and 

4 ‘‘(III) the process for applying for the 

5 position; and’’. 

6 (c) WAGE DETERMINATION INFORMATION.—Section 

7 212(n)(1)(D) of such Act is amended by inserting ‘‘the 

8 wage determination methodology used under subpara9 graph (A)(i),’’ after ‘‘shall contain’’. 

10 (d) APPLICATION OF REQUIREMENTS TO ALL EM11 PLOYERS.— 

12 (1) NONDISPLACEMENT.—Section 212(n)(1)(E) 

13 of such Act is amended to read as follows: 

14 ‘‘(E)(i) The employer— 

15 ‘‘(I) will not at any time replace a United 

16 States worker with 1 or more H–1B non17 immigrants; and 

18 ‘‘(II) did not displace and will not displace 

19 a United States worker employed by the em20 ployer within the period beginning 180 days be21 fore and ending 180 days after the date of the 

22 placement of the nonimmigrant with the em23 ployer. 

24 ‘‘(ii) The 180-day period referred to in clause 

25 (i) may not include any period of on-site or virtual 


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1 training of H–1B nonimmigrants by employees of 

2 the employer.’’. 

3 (2) RECRUITMENT.—Section 212(n)(1)(G)(i) of 

4 such Act is amended by striking ‘‘In the case of an 

5 application described in subparagraph (E)(ii), sub6 ject’’ and inserting ‘‘Subject’’. 

7 (e) WAIVER REQUIREMENT.—Section 212(n)(1)(F) 

8 of such Act is amended to read as follows: 

9 ‘‘(F) The employer will not place, outsource, 

10 lease, or otherwise contract for the services or place11 ment of H–1B nonimmigrants with another em12 ployer, regardless of the physical location where such 

13 services will be performed, unless the employer of 

14 the alien has been granted a waiver under paragraph 

15 (2)(E).’’. 

16 SEC. 102. NEW APPLICATION REQUIREMENTS. 

17 Section 212(n)(1) of the Immigration and Nationality 

18 Act (8 U.S.C. 1182(n)(1)), as amended by section 101, 

19 is further amended by inserting after subparagraph (G)(ii) 

20 the following: 

21 ‘‘(H)(i) The employer, or a person or entity act22 ing on the employer’s behalf, has not advertised any 

23 available position specified in the application in an 

24 advertisement that states or indicates that— 


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1 ‘‘(I) such position is only available to an 

2 individual who is or will be an H–1B non3 immigrant; or 

4 ‘‘(II) an individual who is or will be an H– 

5 1B nonimmigrant shall receive priority or a 

6 preference in the hiring process for such posi7 tion. 

8 ‘‘(ii) The employer has not primarily recruited 

9 individuals who are or who will be H–1B non10 immigrants to fill such position. 

11 ‘‘(I) If the employer employs 50 or more em12 ployees in the United States— 

13 ‘‘(i) the sum of the number of such em14 ployees who are H–1B nonimmigrants plus the 

15 number of such employees who are non16 immigrants described in section 101(a)(15)(L) 

17 does not exceed 50 percent of the total number 

18 of employees; and 

19 ‘‘(ii) the employer’s corporate organization 

20 has not been restructured to evade the limita21 tion under clause (i). 

22 ‘‘(J) If the employer, in such previous period as 

23 the Secretary shall specify, employed 1 or more H– 

24 1B nonimmigrants, the employer will submit to the 

25 Secretary the Internal Revenue Service Form W–2 


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1 Wage and Tax Statements filed by the employer 

2 with respect to the H–1B nonimmigrants for such 

3 period.’’. 

4 SEC. 103. APPLICATION REVIEW REQUIREMENTS. 

5 (a) TECHNICAL AMENDMENT.—Section 212(n)(1) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1182(n)(1)), as amended by sections 101 and 102, is fur8 ther amended, in the undesignated paragraph at the end, 

9 by striking ‘‘The employer’’ and inserting the following: 

10 ‘‘(K) The employer.’’. 

11 (b) APPLICATION REVIEW REQUIREMENTS.—Section 

12 212(n)(1)(K), as designated by subsection (a), is amend13 ed— 

14 (1) in the fourth sentence, by inserting ‘‘and 

15 through the Department of Labor’s website, without 

16 charge.’’ after ‘‘D.C.’’; 

17 (2) in the fifth sentence, by striking ‘‘only for 

18 completeness’’ and inserting ‘‘for completeness, indi19 cators of fraud or misrepresentation of material 

20 fact,’’; 

21 (3) in the sixth sentence— 

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

23 and inserting ‘‘, presents indicators of fraud or 

24 misrepresentation of material fact, or is obvi25 ously inaccurate’’; and 


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

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

4 Secretary of Labor’s review of an application identi5 fies indicators of fraud or misrepresentation of ma6 terial fact, the Secretary may conduct an investiga7 tion and hearing in accordance with paragraph 

8 (2).’’. 

9 SEC. 104. H–1B VISA ALLOCATION. 

10 Section 214(g)(3) of the Immigration and Nationality 

11 Act (8 U.S.C. 1184(g)(3)), is amended— 

12 (1) by striking the first sentence and inserting 

13 the following: 

14 ‘‘(A) Subject to subparagraph (B), aliens who 

15 are subject to the numerical limitations under para16 graph (1)(A) shall be issued visas, or otherwise pro17 vided nonimmigrant status, in a manner and order 

18 established by the Secretary by regulation.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) The Secretary shall consider petitions for 

21 nonimmigrant status under section 

22 101(a)(15)(H)(i)(b) in the following order: 

23 ‘‘(i) Petitions for nonimmigrants described 

24 in section 101(a)(15)(F) who, while physically 

25 present in the United States, have earned an 


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1 advanced degree in a field of science, tech2 nology, engineering, or mathematics from a 

3 United States institution of higher education 

4 (as defined in section 101(a) of the Higher 

5 Education Act of 1965 (20 U.S.C. 1001(a))) 

6 that has been accredited by an accrediting enti7 ty that is recognized by the Department of 

8 Education. 

9 ‘‘(ii) Petitions certifying that the employer 

10 will be paying the nonimmigrant the median 

11 wage for skill level 4 in the occupational classi12 fication found in the most recent Occupational 

13 Employment Statistics survey. 

14 ‘‘(iii) Petitions for nonimmigrants de15 scribed in section 101(a)(15)(F) who are grad16 uates of any other advanced degree program, 

17 undertaken while physically present in the 

18 United States, from an institution of higher 

19 education described in clause (i). 

20 ‘‘(iv) Petitions certifying that the employer 

21 will be paying the nonimmigrant the median 

22 wage for skill level 3 in the occupational classi23 fication found in the most recent Occupational 

24 Employment Statistics survey. 


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1 ‘‘(v) Petitions for nonimmigrants described 

2 in section 101(a)(15)(F) who are graduates of 

3 a bachelor’s degree program, undertaken while 

4 physically present in the United States, in a 

5 field of science, technology, engineering, or 

6 mathematics from an institution of higher edu7 cation described in clause (i). 

8 ‘‘(vi) Petitions for nonimmigrants de9 scribed in section 101(a)(15)(F) who are grad10 uates of bachelor’s degree programs, under11 taken while physically present in the United 

12 States, in any other fields from an institution 

13 of higher education described in clause (i). 

14 ‘‘(vii) Petitions for aliens who will be work15 ing in occupations listed in Group I of the De16 partment of Labor’s Schedule A of occupations 

17 in which the Secretary of Labor has determined 

18 there are not sufficient United States workers 

19 who are able, willing, qualified, and available. 

20 ‘‘(viii) Petitions filed by employers meeting 

21 the following criteria of good corporate citizen22 ship and compliance with the immigration laws: 

23 ‘‘(I) The employer is in possession 

24 of— 


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1 ‘‘(aa) a valid E-Verify company 

2 identification number; or 

3 ‘‘(bb) if the enterprise is using a 

4 designated agent to perform E-Verify 

5 queries, a valid E-Verify client com6 pany identification number and docu7 mentation from U.S. Citizenship and 

8 Immigration Services that the com9 mercial enterprise is a participant in 

10 good standing in the E-Verify pro11 gram. 

12 ‘‘(II) The employer is not under inves13 tigation by any Federal agency for viola14 tion of the immigration laws or labor laws. 

15 ‘‘(III) A Federal agency has not de16 termined, during the immediately pre17 ceding 5 years, that the employer violated 

18 the immigration laws or labor laws. 

19 ‘‘(IV) During each of the preceding 3 

20 fiscal years, at least 90 percent of the peti21 tions filed by the employer under section 

22 101(a)(15)(H)(i)(b) were approved. 

23 ‘‘(V) The employer has filed, pursuant 

24 to section 204(a)(1)(F), employment-based 

25 immigrant petitions, including an approved 


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1 labor certification application under section 

2 212(a)(5)(A), for at least 90 percent of 

3 employees imported under section 

4 101(a)(15)(H)(i)(b) during the preceding 3 

5 fiscal years. 

6 ‘‘(ix) Any remaining petitions. 

7 ‘‘(C) In this paragraph the term ‘field of 

8 science, technology, engineering, or mathematics’ 

9 means a field included in the Department of Edu10 cation’s Classification of Instructional Programs tax11 onomy within the summary groups of computer and 

12 information sciences and support services, engineer13 ing, biological and biomedical sciences, mathematics 

14 and statistics, and physical sciences.’’. 

15 SEC. 105. H–1B WORKERS EMPLOYED BY INSTITUTIONS OF 

16 HIGHER EDUCATION. 

17 Section 214(g)(5) of the Immigration and Nationality 

18 Act (8 U.S.C. 1184(g)(5)) is amended by striking ‘‘is em19 ployed (or has received an offer of employment) at’’ each 

20 place such phrase appears and inserting ‘‘is employed by 

21 (or has received an offer of employment from)’’. 

22 SEC. 106. SPECIALTY OCCUPATION TO REQUIRE AN AC23 TUAL DEGREE. 

24 Section 214(i) of the Immigration and Nationality 

25 Act (8 U.S.C. 1184(i)) is amended— 


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1 (1) in paragraph (1), by amending subpara2 graph (B) to read as follows: 

3 ‘‘(B) attainment of a bachelor’s or higher de4 gree in the specific specialty directly related to the 

5 occupation as a minimum for entry into the occupa6 tion in the United States.’’; and 

7 (2) by striking paragraph (2) and inserting the 

8 following: 

9 ‘‘(2) For purposes of section 101(a)(15)(H)(i)(b), the 

10 requirements under this paragraph, with respect to a spe11 cialty occupation, are— 

12 ‘‘(A) full State licensure to practice in the occu13 pation, if such licensure is required to practice in the 

14 occupation; or 

15 ‘‘(B) if a license is not required to practice in 

16 the occupation— 

17 ‘‘(i) completion of a United States degree 

18 described in paragraph (1)(B) for the occupa19 tion; or 

20 ‘‘(ii) completion of a foreign degree that is 

21 equivalent to a United States degree described 

22 in paragraph (1)(B) for the occupation.’’. 

23 SEC. 107. LABOR CONDITION APPLICATION FEE. 

24 Section 212(n) of the Immigration and Nationality 

25 Act (8 U.S.C. 1182(n)), as amended by sections 101 


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1 through 103, is further amended by adding at the end the 

2 following: 

3 ‘‘(6)(A) The Secretary of Labor shall promulgate a 

4 regulation that requires applicants under this subsection 

5 to pay a reasonable application processing fee. 

6 ‘‘(B) All of the fees collected under this paragraph 

7 shall be deposited as offsetting receipts within the general 

8 fund of the Treasury in a separate account, which shall 

9 be known as the ‘H–1B Administration, Oversight, Inves10 tigation, and Enforcement Account’ and shall remain 

11 available until expended. The Secretary of the Treasury 

12 shall refund amounts in such account to the Secretary of 

13 Labor for salaries and related expenses associated with the 

14 administration, oversight, investigation, and enforcement 

15 of the H–1B nonimmigrant visa program.’’. 

16 SEC. 108. H–1B SUBPOENA AUTHORITY FOR THE DEPART17 MENT OF LABOR. 

18 Section 212(n)(2) of the Immigration and Nationality 

19 Act (8 U.S.C. 1182(n)(2)) is amended— 

20 (1) by redesignating subparagraph (I) as sub21 paragraph (J); and 

22 (2) by inserting after subparagraph (H) the fol23 lowing: 

24 ‘‘(I) The Secretary of Labor is authorized to take 

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1 propriate injunctive relief and specific performance of con2 tractual obligations, as may be necessary to ensure em3 ployer compliance with the terms and conditions under 

4 this subsection. The rights and remedies provided to H– 

5 1B nonimmigrants under this subsection are in addition 

6 to any other contractual or statutory rights and remedies 

7 of such nonimmigrants and are not intended to alter or 

8 affect such rights and remedies.’’. 

9 SEC. 109. LIMITATION ON EXTENSION OF H–1B PETITION. 

10 Section 214(g)(4) of the Immigration and Nationality 

11 Act (8 U.S.C. 1184(g)(4)) is amended to read as follows: 

12 ‘‘(4)(A) Except as provided in subparagraph (B), the 

13 period of authorized admission as a nonimmigrant de14 scribed in section 101(a)(15)(H)(i)(b) may not exceed 3 

15 years. 

16 ‘‘(B) The period of authorized admission as a non17 immigrant described in subparagraph (A) who is the bene18 ficiary of an approved employment-based immigrant peti19 tion under section 204(a)(1)(F) may be authorized for a 

20 period of up to 3 additional years if the total period of 

21 stay does not exceed six years, except for an extension 

22 under section 104(c) or 106(b) of the American Competi23 tiveness in the Twenty-first Century Act of 2000 (8 

24 U.S.C. 1184 note).’’. 


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1 SEC. 110. ELIMINATION OF B–1 VISAS IN LIEU OF H–1 VISAS. 

2 Section 214(g) of the Immigration and Nationality 

3 Act (8 U.S.C. 1184(g)) is amended by adding at the end 

4 the following: 

5 ‘‘(12) Unless otherwise authorized by law, an alien 

6 normally classifiable under section 101(a)(15)(H)(i) who 

7 seeks admission to the United States to provide services 

8 in a specialty occupation described in paragraph (1) or 

9 (3) of subsection (i) may not be issued a visa or admitted 

10 under section 101(a)(15)(B) for such purpose. Nothing in 

11 this paragraph may be construed to authorize the admis12 sion of an alien under section 101(a)(15)(B) who is com13 ing to the United States for the purpose of performing 

14 skilled or unskilled labor if such admission is not otherwise 

15 authorized by law.’’. 

16 Subtitle B—Investigation and Dis17 position of Complaints Against 

18 H–1B Employers 

19 SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR 

20 INVESTIGATION AND DISPOSITION. 

21 Section 212(n)(2)(A) of the Immigration and Nation22 ality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 

23 (1) by striking ‘‘(A) Subject’’ and inserting the 

24 following: 

25 ‘‘(A)(i) Subject’’; 


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1 (2) by striking ‘‘12 months’’ and inserting ‘‘two 

2 years’’; 

3 (3) by striking the last sentence; and 

4 (4) by adding at the end the following: 

5 ‘‘(ii)(I) Upon the receipt of a complaint under clause 

6 (i), the Secretary may initiate an investigation to deter7 mine if such failure or misrepresentation has occurred. 

8 ‘‘(II) In conducting an investigation under subclause 

9 (I), the Secretary may— 

10 ‘‘(aa) conduct surveys of the degree to which 

11 employers comply with the requirements under this 

12 subsection; and 

13 ‘‘(bb) conduct compliance audits of employers 

14 that employ H–1B nonimmigrants. 

15 ‘‘(III) The Secretary shall— 

16 ‘‘(aa) conduct annual compliance audits of not 

17 fewer than 1 percent of the employers that employ 

18 H–1B nonimmigrants during the applicable calendar 

19 year; 

20 ‘‘(bb) conduct annual compliance audits of each 

21 employer with more than 100 employees who work 

22 in the United States if more than 15 percent of such 

23 employees are H–1B nonimmigrants; and 


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1 ‘‘(cc) make available to the public an executive 

2 summary or report describing the general findings of 

3 the audits carried out pursuant to this subclause. 

4 ‘‘(iii) The process for receiving complaints under 

5 clause (i) shall include a hotline that is accessible 24 hours 

6 a day, by telephonic and electronic means.’’. 

7 SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND 

8 PENALTIES. 

9 Section 212(n)(2)(C) of the Immigration and Nation10 ality Act (8 U.S.C. 1182(n)(2)(C)) is amended— 

11 (1) in clause (i)— 

12 (A) in the matter preceding subclause (I), 

13 by striking ‘‘a condition of paragraph (1)(B), 

14 (1)(E), or (1)(F), a substantial failure to meet 

15 a condition of paragraph (1)(C), (1)(D), or 

16 (1)(G)(i)(I)’’ and inserting ‘‘a condition under 

17 subparagraph (A), (B), (C), (D), (E), (F), 

18 (G)(i), (H), (I), or (J) of paragraph (1)’’; 

19 (B) in subclause (I)— 

20 (i) by striking ‘‘$1,000’’ and inserting 

21 ‘‘$5,000’’; and 

22 (ii) by striking ‘‘and’’ at the end; 

23 (C) in subclause (II), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(III) an employer that violates paragraph 

2 (1)(A) shall be liable to the employees harmed by 

3 such violation for lost wages and benefits.’’; 

4 (2) in clause (ii)— 

5 (A) in subclause (I)— 

6 (i) by striking ‘‘may’’ and inserting 

7 ‘‘shall’’; and 

8 (ii) by striking ‘‘$5,000’’ and insert9 ing ‘‘$25,000’’; 

10 (B) in subclause (II), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(III) an employer that violates paragraph 

14 (1)(A) shall be liable to the employees harmed by 

15 such violation for lost wages and benefits.’’; 

16 (3) in clause (iii)— 

17 (A) in the matter preceding subclause (I), 

18 by striking ‘‘displaced a United States worker 

19 employed by the employer within the period be20 ginning 90 days before and ending 90 days 

21 after the date of filing of any visa petition sup22 ported by the application’’ and inserting ‘‘dis23 placed or replaced a United States worker in 

24 violation of subparagraph (E)’’; 

25 (B) in subclause (I)— 


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1 (i) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; 

3 (ii) by striking ‘‘$35,000’’ and insert4 ing ‘‘$150,000’’; and 

5 (iii) by striking ‘‘and’’ at the end; 

6 (C) in subclause (II), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(III) an employer that violates paragraph 

10 (1)(A) shall be liable to the employees harmed by 

11 such violation for lost wages and benefits.’’; 

12 (4) by striking clause (iv) and inserting the fol13 lowing: 

14 ‘‘(iv)(I) An employer that has filed an application 

15 under this subsection violates this clause by taking, failing 

16 to take, or threatening to take or fail to take a personnel 

17 action, or intimidating, threatening, restraining, coercing, 

18 blacklisting, discharging, or discriminating in any other 

19 manner against an employee because the employee— 

20 ‘‘(aa) disclosed information that the employee 

21 reasonably believes evidences a violation of this sub22 section or any rule or regulation pertaining to this 

23 subsection; or 


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1 ‘‘(bb) cooperated or sought to cooperate with 

2 the requirements under this subsection or any rule 

3 or regulation pertaining to this subsection. 

4 ‘‘(II) In this subparagraph, the term ‘employee’ in5 cludes— 

6 ‘‘(aa) a current employee; 

7 ‘‘(bb) a former employee; and 

8 ‘‘(cc) an applicant for employment. 

9 ‘‘(III) An employer that violates this clause shall be 

10 liable to the employee harmed by such violation for lost 

11 wages and benefits.’’; and 

12 (5) in clause (vi)— 

13 (A) by amending subclause (I) to read as 

14 follows: 

15 ‘‘(I) It is a violation of this clause for an employer 

16 that has filed an application under this subsection— 

17 ‘‘(aa) to require an H–1B nonimmigrant to pay 

18 a penalty or liquidated damages for ceasing employ19 ment with the employer before a date agreed to by 

20 the nonimmigrant and the employer; or 

21 ‘‘(bb) to fail to offer to an H–1B non22 immigrant, during the nonimmigrant’s period of au23 thorized employment, on the same basis, and in ac24 cordance with the same criteria, as the employer ofVerDate Sep 11 2014 02:35 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3720.IS S3720

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1 fers to United States workers, benefits and eligibility 

2 for benefits, including— 

3 ‘‘(AA) the opportunity to participate in 

4 health, life, disability, and other insurance 

5 plans; 

6 ‘‘(BB) the opportunity to participate in re7 tirement and savings plans; and 

8 ‘‘(CC) cash bonuses and noncash com9 pensation, such as stock options (whether or 

10 not based on performance).’’; and 

11 (B) in subclause (III), by striking 

12 ‘‘$1,000’’ and inserting ‘‘$5,000’’. 

13 SEC. 113. WAIVER REQUIREMENTS. 

14 (a) IN GENERAL.—Section 212(n)(2)(E) of the Im15 migration and Nationality Act (8 U.S.C. 1182(n)(2)(E)) 

16 is amended to read as follows: 

17 ‘‘(E)(i) The Secretary of Labor may waive the prohi18 bition under paragraph (1)(F) if the Secretary determines 

19 that the employer seeking such waiver has established 

20 that— 

21 ‘‘(I) the employer with which the H–1B non22 immigrant would be placed— 

23 ‘‘(aa) does not intend to replace a United 

24 States worker with 1 or more H–1B non25 immigrants; and 


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1 ‘‘(bb) has not displaced, and does not in2 tend to displace, a United States worker em3 ployed by the employer within the period begin4 ning 180 days before the date of the placement 

5 of the nonimmigrant with the employer and 

6 ending 180 days after such date (not including 

7 any period of on-site or virtual training of H– 

8 1B nonimmigrants by employees of the em9 ployer); 

10 ‘‘(II) the H–1B nonimmigrant will be prin11 cipally controlled and supervised by the petitioning 

12 employer; and 

13 ‘‘(III) the placement of the H–1B non14 immigrant is not essentially an arrangement to pro15 vide labor for hire for the employer with which the 

16 H–1B nonimmigrant will be placed. 

17 ‘‘(ii) The Secretary shall grant or deny a waiver 

18 under this subparagraph not later than seven days after 

19 the date on which the Secretary receives an application 

20 for such waiver.’’. 

21 (b) RULEMAKING.— 

22 (1) RULES FOR WAIVERS.—The Secretary of 

23 Labor, after notice and a period for comment, shall 

24 promulgate a final rule for an employer to apply for 

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1 tion and Nationality Act, as amended by subsection 

2 (a). 

3 (2) REQUIREMENT FOR PUBLICATION.—The 

4 Secretary of Labor shall submit to Congress, and 

5 publish in the Federal Register and in other appro6 priate media, a notice of the date on which the rules 

7 required under paragraph (1) are promulgated. 

8 SEC. 114. INITIATION OF INVESTIGATIONS. 

9 Section 212(n)(2)(G) of the Immigration and Nation10 ality Act (8 U.S.C. 1182(n)(2)(G)) is amended— 

11 (1) in clause (i), by striking ‘‘if the Secretary 

12 of Labor’’ and all that follows and inserting ‘‘with 

13 regard to the employer’s compliance with the re14 quirements under this subsection.’’; 

15 (2) in clause (ii), by striking ‘‘and whose iden16 tity’’ and all that follows through ‘‘failure or fail17 ures.’’ and inserting ‘‘the Secretary may conduct an 

18 investigation into the employer’s compliance with the 

19 requirements under this subsection.’’; 

20 (3) in clause (iii), by striking the last sentence; 

21 (4) by striking clauses (iv) and (v); 

22 (5) by redesignating clauses (vi), (vii), and (viii) 

23 as clauses (iv), (v), and (vi), respectively; 

24 (6) in clause (iv), as redesignated, by striking 

25 ‘‘meet a condition described in clause (ii), unless the 


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1 Secretary of Labor receives the information not later 

2 than 12 months’’ and inserting ‘‘comply with the re3 quirements under this subsection unless the Sec4 retary of Labor receives the information not later 

5 than 2 years’’; 

6 (7) by amending clause (v), as redesignated, to 

7 read as follows: 

8 ‘‘(v)(I) Except as provided in subclause (II), the Sec9 retary of Labor shall provide notice to an employer of the 

10 intent to conduct an investigation under this subpara11 graph. Such notice shall be provided in such a manner, 

12 and shall contain sufficient detail, to permit the employer 

13 to respond to the allegations before an investigation is 

14 commenced. 

15 ‘‘(II) The Secretary of Labor is not required to com16 ply with subclause (I) if the Secretary determines that 

17 such compliance would interfere with an effort by the Sec18 retary to investigate or secure compliance by the employer 

19 with the requirements under this subsection. 

20 ‘‘(III) A determination by the Secretary of Labor 

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

22 (8) in clause (vi), as redesignated, by striking 

23 ‘‘An investigation’’ and all that follows through ‘‘the 

24 determination.’’ and inserting ‘‘If the Secretary of 

25 Labor, after an investigation under clause (i) or (ii), 


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•S 3720 IS

1 determines that a reasonable basis exists to make a 

2 finding that the employer has failed to comply with 

3 the requirements under this subsection, the Sec4 retary, not later than 120 days after the date of 

5 such determination, shall provide interested parties 

6 with notice of such determination and an oppor7 tunity for a hearing in accordance with section 556 

8 of title 5, United States Code.’’; and 

9 (9) by adding at the end the following: 

10 ‘‘(vii) If the Secretary of Labor, after a hearing, finds 

11 a reasonable basis to believe that the employer has violated 

12 the requirements under this subsection, the Secretary 

13 shall impose a penalty in accordance with subparagraph 

14 (C).’’. 

15 SEC. 115. INFORMATION SHARING. 

16 Section 212(n)(2)(H) of the Immigration and Na17 tionality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read 

18 as follows: 

19 ‘‘(H) The Director of U.S. Citizenship and Immigra20 tion Services shall provide the Secretary of Labor with any 

21 information contained in the materials submitted by em22 ployers of H–1B nonimmigrants as part of the petition 

23 adjudication process that indicates that the employer is 

24 not complying with visa program requirements for H–1B 

25 nonimmigrants. The Secretary may initiate and conduct 


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•S 3720 IS

1 an investigation and hearing under this paragraph after 

2 receiving information of noncompliance under this sub3 paragraph.’’. 

4 SEC. 116. CONFORMING AMENDMENT. 

5 Section 212(n)(2)(F) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(n)(2)(F)) is amended by striking 

7 ‘‘The preceding sentence shall apply to an employer re8 gardless of whether or not the employer is an H–1B-de9 pendent employer.’’. 

10 Subtitle C—Other Protections 

11 SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE 

12 DEPARTMENT OF LABOR. 

13 (a) DEPARTMENT OF LABOR WEBSITE.—Section 

14 212(n)(3) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(n)(3)) is amended to read as follows: 

16 ‘‘(3)(A) Not later than 90 days after the date of the 

17 enactment of the H–1B and L–1 Visa Reform Act of 

18 2022, the Secretary of Labor shall establish a searchable 

19 Internet website for posting positions in accordance with 

20 paragraph (1)(C) that is available to the public without 

21 charge. 

22 ‘‘(B) The Secretary may work with private companies 

23 or nonprofit organizations to develop and operate the 

24 Internet website described in subparagraph (A). 


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1 ‘‘(C) The Secretary may promulgate rules, after no2 tice and a period for comment, to carry out this para3 graph.’’. 

4 (b) PUBLICATION REQUIREMENT.—The Secretary of 

5 Labor shall submit to Congress, and publish in the Fed6 eral Register and in other appropriate media, a notice of 

7 the date on which the internet website required under sec8 tion 212(n)(3) of the Immigration and Nationality Act, 

9 as amended by subsection (a), will be operational. 

10 (c) APPLICATION.—The amendment made by sub11 section (a) shall apply to any application filed on or after 

12 the date that is 30 days after the date described in sub13 section (b). 

14 SEC. 122. TRANSPARENCY AND REPORT ON WAGE SYSTEM. 

15 (a) IMMIGRATION DOCUMENTS.—Section 204 of the 

16 Immigration and Nationality Act (8 U.S.C. 1154) is 

17 amended by adding at the end the following: 

18 ‘‘(m) EMPLOYER TO PROVIDE IMMIGRATION PAPER19 WORK EXCHANGED WITH FEDERAL AGENCIES.— 

20 ‘‘(1) IN GENERAL.—Not later than 21 business 

21 days after receiving a written request from a former, 

22 current, or prospective employee of an employer who 

23 is the beneficiary of an employment-based non24 immigrant petition filed by the employer, such em25 ployer shall provide such employee or beneficiary 


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1 with the original (or a certified copy of the original) 

2 of all petitions, notices, and other written commu3 nication exchanged between the employer and the 

4 Department of Labor, the Department of Homeland 

5 Security, or any other Federal agency or department 

6 that is related to an immigrant or nonimmigrant pe7 tition filed by the employer for such employee or 

8 beneficiary. 

9 ‘‘(2) WITHHOLDING OF FINANCIAL OR PROPRI10 ETARY INFORMATION.—If a document required to be 

11 provided to an employee or prospective employee 

12 under paragraph (1) includes any sensitive financial 

13 or proprietary information of the employer, the em14 ployer may redact such information from the copies 

15 provided to such person.’’. 

16 (b) GAO REPORT ON JOB CLASSIFICATION AND

17 WAGE DETERMINATIONS.—Not later than 1 year after 

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

19 General of the United States shall prepare a report that— 

20 (1) analyzes the accuracy and effectiveness of 

21 the Secretary of Labor’s current job classification 

22 and wage determination system; 

23 (2) specifically addresses whether the systems 

24 in place accurately reflect the complexity of current 

25 job types and geographic wage differences; and 


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1 (3) makes recommendations concerning nec2 essary updates and modifications. 

3 SEC. 123. REQUIREMENTS FOR INFORMATION FOR H–1B 

4 AND L–1 NONIMMIGRANTS. 

5 Section 214 of the Immigration and Nationality Act 

6 (8 U.S.C. 1184) is amended by adding at the end the fol7 lowing: 

8 ‘‘(s) REQUIREMENTS FOR INFORMATION FOR H–1B 

9 AND L–1 NONIMMIGRANTS.— 

10 ‘‘(1) IN GENERAL.—Upon issuing a visa to an 

11 applicant, who is outside the United States, for non12 immigrant status pursuant to subparagraph 

13 (H)(i)(b) or (L) of section 101(a)(15), the issuing 

14 office shall provide the applicant with— 

15 ‘‘(A) a brochure outlining the obligations 

16 of the applicant’s employer and the rights of 

17 the applicant with regard to employment under 

18 Federal law, including labor and wage protec19 tions; 

20 ‘‘(B) the contact information for appro21 priate Federal agencies or departments that 

22 offer additional information or assistance in 

23 clarifying such obligations and rights; and 

24 ‘‘(C) a copy of the petition submitted for 

25 the nonimmigrant under section 212(n) or the 


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1 petition submitted for the nonimmigrant under 

2 subsection (c)(2)(A), as appropriate. 

3 ‘‘(2) APPLICANTS INSIDE THE UNITED

4 STATES.—Upon the approval of an initial petition 

5 filed for an alien who is in the United States and 

6 seeking status under subparagraph (H)(i)(b) or (L) 

7 of section 101(a)(15), the Secretary of Homeland 

8 Security shall provide the applicant with the mate9 rial described in subparagraphs (A), (B), and (C) of 

10 paragraph (1).’’. 

11 SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOY12 EES. 

13 (a) IN GENERAL.—The Secretary of Labor is author14 ized to hire up to 200 additional employees to administer, 

15 oversee, investigate, and enforce programs involving non16 immigrant employees described in section 

17 101(a)(15)(H)(i)(b) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 

19 (b) SOURCE OF FUNDS.—The cost of hiring the addi20 tional employees authorized to be hired under subsection 

21 (a) shall be recovered with funds from the H–1B Adminis22 tration, Oversight, Investigation, and Enforcement Ac23 count established under section 212(n)(6) of the Immigra24 tion and Nationality Act, as added by section 107. 


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1 SEC. 125. TECHNICAL CORRECTION. 

2 Section 212 of the Immigration and Nationality Act 

3 (8 U.S.C. 1182) is amended by redesignating the second 

4 subsection (t), as added by section 1(b)(2)(B) of the Act 

5 entitled ‘‘An Act to amend and extend the Irish Peace 

6 Process Cultural and Training Program Act of 1998’’ 

7 (Public Law 108–449; 118 Stat. 3470), as subsection (u). 

8 SEC. 126. APPLICATION. 

9 Except as specifically otherwise provided, the amend10 ments made by this title shall apply to petitions and appli11 cations filed on or after the date of the enactment of this 

12 Act. 

13 TITLE II—L–1 VISA FRAUD AND 

14 ABUSE PROTECTIONS 

15 SEC. 201. PROHIBITION ON REPLACEMENT OF UNITED 

16 STATES WORKERS AND RESTRICTING OUT17 PLACEMENT OF L–1 NONIMMIGRANTS. 

18 (a) RESTRICTION ON OUTPLACEMENT OF L–1 

19 WORKERS.—Section 214(c)(2)(F) of the Immigration and 

20 Nationality Act (8 U.S.C. 1184(c)(2)(F)) is amended to 

21 read as follows: 

22 ‘‘(F)(i) Unless an employer receives a waiver under 

23 clause (ii), an employer may not employ an alien, for a 

24 cumulative period exceeding 1 year, who— 


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1 ‘‘(I) will serve in a capacity involving specialized 

2 knowledge with respect to an employer for purposes 

3 of section 101(a)(15)(L); and 

4 ‘‘(II) will be stationed primarily at the worksite 

5 of an employer other than the petitioning employer 

6 or its affiliate, subsidiary, or parent, including pur7 suant to an outsourcing, leasing, or other con8 tracting agreement. 

9 ‘‘(ii) The Secretary of Labor may grant a waiver of 

10 the requirements under clause (i) if the Secretary deter11 mines that the employer requesting such waiver has estab12 lished that— 

13 ‘‘(I) the employer with which the alien referred 

14 to in clause (i) would be placed— 

15 ‘‘(aa) will not at any time replace a United 

16 States worker with 1 or more nonimmigrants 

17 described in section 101(a)(15)(L); and 

18 ‘‘(bb) has not displaced and does not in19 tend to displace a United States worker em20 ployed by the employer within the period begin21 ning 180 days before the date of the placement 

22 of such alien with the employer and ending 180 

23 days after such date (not including any period 

24 of on-site or virtual training of nonimmigrants 


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1 described in section 101(a)(15)(L) by employees 

2 of the employer); 

3 ‘‘(II) such alien will be principally controlled 

4 and supervised by the petitioning employer; and 

5 ‘‘(III) the placement of the nonimmigrant is not 

6 essentially an arrangement to provide labor for hire 

7 for an unaffiliated employer with which the non8 immigrant will be placed, rather than a placement in 

9 connection with the provision of a product or service 

10 for which specialized knowledge specific to the peti11 tioning employer is necessary. 

12 ‘‘(iii) The Secretary shall grant or deny a waiver 

13 under clause (ii) not later than seven days after the date 

14 on which the Secretary receives the application for the 

15 waiver.’’. 

16 (b) PROHIBITION ON REPLACEMENT OF UNITED

17 STATES WORKERS.—Section 214(c)(2) of the Immigra18 tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend19 ed by adding at the end the following: 

20 ‘‘(G)(i) An employer importing an alien as a non21 immigrant under section 101(a)(15)(L)— 

22 ‘‘(I) may not at any time replace a United 

23 States worker (as defined in section 212(n)(4)(E)) 

24 with 1 or more such nonimmigrants; and 


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•S 3720 IS

1 ‘‘(II) may not displace a United States worker 

2 (as defined in section 212(n)(4)(E)) employed by the 

3 employer during the period beginning 180 days be4 fore and ending 180 days after the date of the place5 ment of such a nonimmigrant with the employer. 

6 ‘‘(ii) The 180-day period referenced in clause (i)(II) 

7 may not include any period of on-site or virtual training 

8 of nonimmigrants described in clause (i) by employees of 

9 the employer.’’. 

10 (c) RULEMAKING.—The Secretary of Homeland Se11 curity, after notice and a period for comment, shall pro12 mulgate rules for an employer to apply for a waiver under 

13 section 214(c)(2)(F)(ii), as added by subsection (a). 

14 SEC. 202. L–1 EMPLOYER PETITION REQUIREMENTS FOR 

15 EMPLOYMENT AT NEW OFFICES. 

16 Section 214(c)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1184(c)(2)), as amended by section 201, 

18 is further amended by adding at the end the following: 

19 ‘‘(H)(i) If the beneficiary of a petition under this 

20 paragraph is coming to the United States to open, or to 

21 be employed in, a new office, the petition may be approved 

22 for up to 12 months only if— 

23 ‘‘(I) the alien has not been the beneficiary of 2 

24 or more petitions under this subparagraph during 

25 the immediately preceding 2 years; and 


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1 ‘‘(II) the employer operating the new office 

2 has— 

3 ‘‘(aa) an adequate business plan; 

4 ‘‘(bb) sufficient physical premises to carry 

5 out the proposed business activities; and 

6 ‘‘(cc) the financial ability to commence 

7 doing business immediately upon the approval 

8 of the petition. 

9 ‘‘(ii) An extension of the approval period under clause 

10 (i) may not be granted until the importing employer sub11 mits an application to the Secretary of Homeland Security 

12 that contains— 

13 ‘‘(I) evidence that the importing employer 

14 meets the requirements of this subsection; 

15 ‘‘(II) evidence that the beneficiary of the peti16 tion is eligible for nonimmigrant status under sec17 tion 101(a)(15)(L); 

18 ‘‘(III) a statement summarizing the original pe19 tition; 

20 ‘‘(IV) evidence that the importing employer has 

21 fully complied with the business plan submitted 

22 under clause (i)(I); 

23 ‘‘(V) evidence of the truthfulness of any rep24 resentations made in connection with the filing of 

25 the original petition; 


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1 ‘‘(VI) evidence that the importing employer, for 

2 the entire period beginning on the date on which the 

3 petition was approved under clause (i), has been 

4 doing business at the new office through regular, 

5 systematic, and continuous provision of goods and 

6 services; 

7 ‘‘(VII) a statement of the duties the beneficiary 

8 has performed at the new office during the approval 

9 period under clause (i) and the duties the beneficiary 

10 will perform at the new office during the extension 

11 period granted under this clause; 

12 ‘‘(VIII) a statement describing the staffing at 

13 the new office, including the number of employees 

14 and the types of positions held by such employees; 

15 ‘‘(IX) evidence of wages paid to employees; 

16 ‘‘(X) evidence of the financial status of the new 

17 office; and 

18 ‘‘(XI) any other evidence or data prescribed by 

19 the Secretary. 

20 ‘‘(iii) A new office employing the beneficiary of an 

21 L–1 petition approved under this paragraph shall do busi22 ness only through regular, systematic, and continuous pro23 vision of goods and services for the entire period for which 

24 the petition is sought. 


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1 ‘‘(iv) Notwithstanding clause (ii), and subject to the 

2 maximum period of authorized admission set forth in sub3 paragraph (D), the Secretary of Homeland Security, in 

4 the Secretary’s discretion, may approve a subsequently 

5 filed petition on behalf of the beneficiary to continue em6 ployment at the office described in this subparagraph for 

7 a period beyond the initially granted 12-month period if 

8 the importing employer has been doing business at the 

9 new office through regular, systematic, and continuous 

10 provision of goods and services for the 6 months imme11 diately preceding the date of extension petition filing and 

12 demonstrates that the failure to satisfy any of the require13 ments described in those subclauses was directly caused 

14 by extraordinary circumstances, as determined by the Sec15 retary in the Secretary’s discretion.’’. 

16 SEC. 203. COOPERATION WITH SECRETARY OF STATE. 

17 Section 214(c)(2) of the Immigration and Nationality 

18 Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 

19 and 202, is further amended by adding at the end the 

20 following: 

21 ‘‘(I) The Secretary of Homeland Security shall work 

22 cooperatively with the Secretary of State to verify the ex23 istence or continued existence of a company or office in 

24 the United States or in a foreign country for purposes of 

25 approving petitions under this paragraph.’’. 


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1 SEC. 204. INVESTIGATION AND DISPOSITION OF COM2 PLAINTS AGAINST L–1 EMPLOYERS. 

3 Section 214(c)(2) of the Immigration and Nationality 

4 Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 

5 through 203, is further amended by adding at the end the 

6 following: 

7 ‘‘(J)(i) The Secretary of Homeland Security may ini8 tiate an investigation of any employer that employs non9 immigrants described in section 101(a)(15)(L) with re10 gard to the employer’s compliance with the requirements 

11 under this subsection. 

12 ‘‘(ii) If the Secretary receives specific credible infor13 mation from a source who is likely to have knowledge of 

14 an employer’s practices, employment conditions, or com15 pliance with the requirements under this subsection, the 

16 Secretary may conduct an investigation into the employ17 er’s compliance with the requirements of this subsection. 

18 The Secretary may withhold the identity of the source 

19 from the employer, and the source’s identity shall not be 

20 subject to disclosure under section 552 of title 5, United 

21 States Code. 

22 ‘‘(iii) The Secretary shall establish a procedure for 

23 any person desiring to provide to the Secretary informa24 tion described in clause (ii) that may be used, in whole 

25 or in part, as the basis for the commencement of an inves26 tigation described in such clause, to provide the informaVerDate Sep 11 2014 02:35 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3720.IS S3720

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1 tion in writing on a form developed and provided by the 

2 Secretary and completed by or on behalf of the person. 

3 ‘‘(iv) No investigation described in clause (ii) (or 

4 hearing described in clause (vi) based on such investiga5 tion) may be conducted with respect to information about 

6 a failure to comply with the requirements under this sub7 section, unless the Secretary receives the information not 

8 later than 24 months after the date of the alleged failure. 

9 ‘‘(v) Before commencing an investigation of an em10 ployer under clause (i) or (ii), the Secretary shall provide 

11 notice to the employer of the intent to conduct such inves12 tigation. The notice shall be provided in such a manner, 

13 and shall contain sufficient detail, to permit the employer 

14 to respond to the allegations before an investigation is 

15 commenced. The Secretary is not required to comply with 

16 this clause if the Secretary determines that to do so would 

17 interfere with an effort by the Secretary to investigate or 

18 secure compliance by the employer with the requirements 

19 of this subsection. There shall be no judicial review of a 

20 determination by the Secretary under this clause. 

21 ‘‘(vi) If the Secretary, after an investigation under 

22 clause (i) or (ii), determines that a reasonable basis exists 

23 to make a finding that the employer has failed to comply 

24 with the requirements under this subsection, the Secretary 

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1 termination and an opportunity for a hearing in accord2 ance with section 556 of title 5, United States Code, not 

3 later than 120 days after the date of such determination. 

4 If such a hearing is requested, the Secretary shall make 

5 a finding concerning the matter by not later than 120 days 

6 after the date of the hearing. 

7 ‘‘(vii) If the Secretary, after a hearing, finds a rea8 sonable basis to believe that the employer has violated the 

9 requirements under this subsection, the Secretary shall 

10 impose a penalty under subparagraph (K). 

11 ‘‘(viii)(I) The Secretary may conduct surveys of the 

12 degree to which employers comply with the requirements 

13 under this section. 

14 ‘‘(II) The Secretary shall— 

15 ‘‘(aa) conduct annual compliance audits of not 

16 less than 1 percent of the employers that employ 

17 nonimmigrants described in section 101(a)(15)(L) 

18 during the applicable fiscal year; 

19 ‘‘(bb) conduct annual compliance audits of each 

20 employer with more than 100 employees who work 

21 in the United States if more than 15 percent of such 

22 employees are nonimmigrants described in section 

23 101(a)(15)(L); and 


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1 ‘‘(cc) make available to the public an executive 

2 summary or report describing the general findings of 

3 the audits carried out pursuant to this subclause. 

4 ‘‘(ix) The Secretary is authorized to take other such 

5 actions, including issuing subpoenas and seeking appro6 priate injunctive relief and specific performance of con7 tractual obligations, as may be necessary to assure em8 ployer compliance with the terms and conditions under 

9 this paragraph. The rights and remedies provided to non10 immigrants described in section 101(a)(15)(L) under this 

11 paragraph are in addition to, and not in lieu of, any other 

12 contractual or statutory rights and remedies of such non13 immigrants, and are not intended to alter or affect such 

14 rights and remedies.’’. 

15 SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L– 

16 1 NONIMMIGRANTS. 

17 (a) IN GENERAL.—Section 214(c)(2) of the Immigra18 tion and Nationality Act (8 U.S.C. 1184(c)(2)), as amend19 ed by sections 201 through 204, is further amended by 

20 adding at the end the following: 

21 ‘‘(K)(i) An employer that employs a nonimmigrant 

22 described in section 101(a)(15)(L) for a cumulative period 

23 of time in excess of 1 year shall— 

24 ‘‘(I) offer such nonimmigrant, during the period 

25 of authorized employment, wages, based on the best 


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1 information available at the time the application is 

2 filed, which are not less than the highest of— 

3 ‘‘(aa) the locally determined prevailing 

4 wage level for the occupational classification in 

5 the area of employment; 

6 ‘‘(bb) the median wage for all workers in 

7 the occupational classification in the area of 

8 employment; and 

9 ‘‘(cc) the median wage for skill level 2 in 

10 the occupational classification found in the 

11 most recent Occupational Employment Statis12 tics survey; and 

13 ‘‘(II) provide working conditions for such non14 immigrant that will not adversely affect the working 

15 conditions of workers similarly employed by the em16 ployer or by an employer with which such non17 immigrant is placed pursuant to a waiver under sub18 paragraph (F)(ii). 

19 ‘‘(ii) If an employer, in such previous period specified 

20 by the Secretary of Homeland Security, employed 1 or 

21 more such nonimmigrants, the employer shall provide to 

22 the Secretary of Homeland Security the Internal Revenue 

23 Service Form W–2 Wage and Tax Statement filed by the 

24 employer with respect to such nonimmigrants for such pe25 riod. 


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1 ‘‘(iii) It is a failure to meet a condition under this 

2 subparagraph for an employer who has filed a petition to 

3 import 1 or more aliens as nonimmigrants described in 

4 section 101(a)(15)(L)— 

5 ‘‘(I) to require such a nonimmigrant to pay a 

6 penalty or liquidated damages for ceasing employ7 ment with the employer before a date mutually 

8 agreed to by the nonimmigrant and the employer; or 

9 ‘‘(II) to fail to offer to such a nonimmigrant, 

10 during the nonimmigrant’s period of authorized em11 ployment, on the same basis, and in accordance with 

12 the same criteria, as the employer offers to United 

13 States workers, benefits and eligibility for benefits, 

14 including— 

15 ‘‘(aa) the opportunity to participate in 

16 health, life, disability, and other insurance 

17 plans; 

18 ‘‘(bb) the opportunity to participate in re19 tirement and savings plans; and 

20 ‘‘(cc) cash bonuses and noncash compensa21 tion, such as stock options (whether or not 

22 based on performance).’’. 

23 (b) RULEMAKING.—The Secretary of Homeland Se24 curity, after notice and a period of comment and taking 

25 into consideration any special circumstances relating to 


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1 intracompany transfers, shall promulgate rules to imple2 ment the requirements under section 214(c)(2)(K) of the 

3 Immigration and Nationality Act, as added by subsection 

4 (a). 

5 SEC. 206. PENALTIES. 

6 Section 214(c)(2) of the Immigration and Nationality 

7 Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 

8 through 205, is further amended by adding at the end the 

9 following: 

10 ‘‘(L)(i) If the Secretary of Homeland Security deter11 mines, after notice and an opportunity for a hearing, that 

12 an employer failed to meet a condition under subpara13 graph (F), (G), (K), or (M), or misrepresented a material 

14 fact in a petition to employ 1 or more aliens as non15 immigrants described in section 101(a)(15)(L)— 

16 ‘‘(I) the Secretary shall impose such adminis17 trative remedies (including civil monetary penalties 

18 in an amount not to exceed $5,000 per violation) as 

19 the Secretary determines to be appropriate; 

20 ‘‘(II) the Secretary may not, during a period of 

21 at least 1 year, approve a petition for that employer 

22 to employ 1 or more aliens as such nonimmigrants; 

23 and 

24 ‘‘(III) in the case of a violation of subparagraph 

25 (K) or (M), the employer shall be liable to the emVerDate Sep 11 2014 02:35 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S3720.IS S3720

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1 ployees harmed by such violation for lost wages and 

2 benefits. 

3 ‘‘(ii) If the Secretary finds, after notice and an oppor4 tunity for a hearing, a willful failure by an employer to 

5 meet a condition under subparagraph (F), (G), (K), or 

6 (M) or a willful misrepresentation of material fact in a 

7 petition to employ 1 or more aliens as nonimmigrants de8 scribed in section 101(a)(15)(L)— 

9 ‘‘(I) the Secretary shall impose such adminis10 trative remedies (including civil monetary penalties 

11 in an amount not to exceed $25,000 per violation) 

12 as the Secretary determines to be appropriate; 

13 ‘‘(II) the Secretary may not, during a period of 

14 at least 2 years, approve a petition filed for that em15 ployer to employ 1 or more aliens as such non16 immigrants; and 

17 ‘‘(III) in the case of a violation of subparagraph 

18 (K) or (M), the employer shall be liable to the em19 ployees harmed by such violation for lost wages and 

20 benefits.’’. 

21 SEC. 207. PROHIBITION ON RETALIATION AGAINST L–1 

22 NONIMMIGRANTS. 

23 Section 214(c)(2) of the Immigration and Nationality 

24 Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 


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1 through 206, is further amended by adding at the end the 

2 following: 

3 ‘‘(M)(i) An employer that has filed a petition to im4 port 1 or more aliens as nonimmigrants described in sec5 tion 101(a)(15)(L) violates this subparagraph by taking, 

6 failing to take, or threatening to take or fail to take, a 

7 personnel action, or intimidating, threatening, restraining, 

8 coercing, blacklisting, discharging, or discriminating in 

9 any other manner against an employee because the em10 ployee— 

11 ‘‘(I) has disclosed information that the em12 ployee reasonably believes evidences a violation of 

13 this subsection, or any rule or regulation pertaining 

14 to this subsection; or 

15 ‘‘(II) cooperates or seeks to cooperate with the 

16 requirements under this subsection, or any rule or 

17 regulation pertaining to this subsection. 

18 ‘‘(ii) In this subparagraph, the term ‘employee’ in19 cludes— 

20 ‘‘(I) a current employee; 

21 ‘‘(II) a former employee; and 

22 ‘‘(III) an applicant for employment.’’. 


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1 SEC. 208. ADJUDICATION BY DEPARTMENT OF HOMELAND 

2 SECURITY OF PETITIONS UNDER BLANKET 

3 PETITION. 

4 (a) IN GENERAL.—Section 214(c)(2)(A) of the Immi5 gration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is 

6 amended to read as follows: 

7 ‘‘(A) The Secretary of Homeland Security shall es8 tablish a procedure under which an importing employer 

9 that meets the requirements established by the Secretary 

10 may file a blanket petition to authorize aliens to enter the 

11 United States as nonimmigrants described in section 

12 101(a)(15)(L) instead of filing individual petitions under 

13 paragraph (1) on behalf of such aliens. Such procedure 

14 shall permit— 

15 ‘‘(i) the expedited processing by the Secretary 

16 of State of visas for admission of aliens covered 

17 under such blanket petitions; and 

18 ‘‘(ii) the expedited adjudication by the Sec19 retary of Homeland Security of individual petitions 

20 covered under such blanket petitions.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply to petitions filed on or after the 

23 date of the enactment of this Act. 


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1 SEC. 209. REPORTS ON EMPLOYMENT-BASED NON2 IMMIGRANTS. 

3 (a) IN GENERAL.—Section 214(c)(8) of the Immigra4 tion and Nationality Act (8 U.S.C. 1184(c)(8)) is amend5 ed to read as follows— 

6 ‘‘(8) The Secretary of Homeland Security or Sec7 retary of State, as appropriate, shall submit an annual re8 port to the Committee on the Judiciary of the Senate and 

9 the Committee on the Judiciary of the House of Rep10 resentatives that describes, with respect to petitions under 

11 subsection (e) and each subcategory of subparagraphs 

12 (H), (L), (O), (P), and (Q) of section 101(a)(15)— 

13 ‘‘(A) the number of such petitions (or applica14 tions for admission, in the case of applications by 

15 Canadian nationals seeking admission under sub16 section (e) or section 101(a)(15)(L)) which have 

17 been filed; 

18 ‘‘(B) the number of such petitions which have 

19 been approved and the number of workers (by occu20 pation) included in such approved petitions; 

21 ‘‘(C) the number of such petitions which have 

22 been denied and the number of workers (by occupa23 tion) requested in such denied petitions; 

24 ‘‘(D) the number of such petitions which have 

25 been withdrawn; 


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1 ‘‘(E) the number of such petitions which are 

2 awaiting final action; 

3 ‘‘(F) the number of aliens in the United States 

4 under each subcategory under section 

5 101(a)(15)(H); and 

6 ‘‘(G) the number of aliens in the United States 

7 under each subcategory under section 

8 101(a)(15)(L).’’. 

9 (b) NONIMMIGRANT CHARACTERISTICS REPORT.— 

10 Section 416(c) of the American Competitiveness and 

11 Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 

12 is amended— 

13 (1) by amending paragraph (2) to read as fol14 lows: 

15 ‘‘(2) ANNUAL H–1B NONIMMIGRANT CHARAC16 TERISTICS REPORT.—The Secretary of Homeland 

17 Security shall submit an annual report to the Com18 mittee on the Judiciary of the Senate and the Com19 mittee on the Judiciary of the House of Representa20 tives that contains— 

21 ‘‘(A) for the previous fiscal year— 

22 ‘‘(i) information on the countries of 

23 origin of, occupations of, educational levels 

24 attained by, and compensation paid to, 

25 aliens who were issued visas or provided 


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1 nonimmigrant status under section 

2 101(a)(15)(H)(i)(b) of the Immigration 

3 and Nationality Act (8 U.S.C. 

4 1101(a)(15)(H)(i)(b)); 

5 ‘‘(ii) a list of all employers who peti6 tioned for H–1B workers, the number of 

7 such petitions filed and approved for each 

8 such employer, the occupational classifica9 tions for the approved positions, and the 

10 number of H–1B nonimmigrants for whom 

11 each such employer filed an employment12 based immigrant petition pursuant to sec13 tion 204(a)(1)(F) of the Immigration and 

14 Nationality Act (8 U.S.C. 1154(a)(1)(F)); 

15 and 

16 ‘‘(iii) the number of employment17 based immigrant petitions filed pursuant 

18 to such section 204(a)(1)(F) on behalf of 

19 H–1B nonimmigrants; 

20 ‘‘(B) a list of all employers for whom more 

21 than 15 percent of their United States work22 force is H–1B or L–1 nonimmigrants; 

23 ‘‘(C) a list of all employers for whom more 

24 than 50 percent of their United States work25 force is H–1B or L–1 nonimmigrants; 


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1 ‘‘(D) a gender breakdown by occupation 

2 and by country of origin of H–1B non3 immigrants; 

4 ‘‘(E) a list of all employers who have been 

5 granted a waiver under section 214(n)(2)(E) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1184(n)(2)(E)); and 

8 ‘‘(F) the number of H–1B nonimmigrants 

9 categorized by their highest level of education 

10 and whether such education was obtained in the 

11 United States or in a foreign country.’’; 

12 (2) by redesignating paragraph (3) as para13 graph (5); 

14 (3) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTER17 ISTICS REPORT.—The Secretary of Homeland Secu18 rity shall submit an annual report to the Committee 

19 on the Judiciary of the Senate and the Committee 

20 on the Judiciary of the House of Representatives 

21 that contains— 

22 ‘‘(A) for the previous fiscal year— 

23 ‘‘(i) information on the countries of 

24 origin of, occupations of, educational levels 

25 attained by, and compensation paid to, 


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1 aliens who were issued visas or provided 

2 nonimmigrant status under section 

3 101(a)(15)(L) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(15)(L)); 

5 ‘‘(ii) a list of all employers who peti6 tioned for L–1 workers, the number of 

7 such petitions filed and approved for each 

8 such employer, the occupational classifica9 tions for the approved positions, and the 

10 number of L–1 nonimmigrants for whom 

11 each such employer filed an employment12 based immigrant petition pursuant to sec13 tion 204(a)(1)(F) of the Immigration and 

14 Nationality Act (8 U.S.C. 1154(a)(1)(F)); 

15 and 

16 ‘‘(iii) the number of employment17 based immigrant petitions filed pursuant 

18 to such section 204(a)(1)(F) on behalf of 

19 L–1 nonimmigrants; 

20 ‘‘(B) a gender breakdown by occupation 

21 and by country of L–1 nonimmigrants; 

22 ‘‘(C) a list of all employers who have been 

23 granted a waiver under section 214(c)(2)(F)(ii) 

24 of the Immigration and Nationality Act (8 

25 U.S.C. 1184(c)(2)(F)(ii)); 


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1 ‘‘(D) the number of L–1 nonimmigrants 

2 categorized by their highest level of education 

3 and whether such education was obtained in the 

4 United States or in a foreign country; 

5 ‘‘(E) the number of applications that have 

6 been filed for each subcategory of non7 immigrant described under section 

8 101(a)(15)(L) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)(L)), based on 

10 an approved blanket petition under section 

11 214(c)(2)(A) of such Act; and 

12 ‘‘(F) the number of applications that have 

13 been approved for each subcategory of non14 immigrant described under such section 

15 101(a)(15)(L), based on an approved blanket 

16 petition under such section 214(c)(2)(A). 

17 ‘‘(4) ANNUAL H–1B EMPLOYER SURVEY.—The 

18 Secretary of Labor shall— 

19 ‘‘(A) conduct an annual survey of employ20 ers hiring foreign nationals under the H–1B 

21 visa program; and 

22 ‘‘(B) issue an annual report that— 

23 ‘‘(i) describes the methods employers 

24 are using to meet the requirement under 

25 section 212(n)(1)(G)(i) of the Immigration 


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1 and Nationality Act (8 U.S.C. 

2 1182(n)(1)(G)(i)) of taking good faith 

3 steps to recruit United States workers for 

4 the occupational classification for which 

5 the nonimmigrants are sought, using pro6 cedures that meet industry-wide standards; 

7 ‘‘(ii) describes the best practices for 

8 recruiting among employers; and 

9 ‘‘(iii) contains recommendations on 

10 which recruiting steps employers can take 

11 to maximize the likelihood of hiring Amer12 ican workers.’’; and 

13 (4) in paragraph (5), as redesignated, by strik14 ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 

15 and (3)’’. 

16 SEC. 210. SPECIALIZED KNOWLEDGE. 

17 Section 214(c)(2)(B) of the Immigration and Nation18 ality Act (8 U.S.C. 1184(c)(2)(B)) is amended to read as 

19 follows: 

20 ‘‘(B)(i) For purposes of section 101(a)(15)(L), the 

21 term ‘specialized knowledge’— 

22 ‘‘(I) means knowledge possessed by an indi23 vidual whose advanced level of expertise and propri24 etary knowledge of the employer’s product, service, 

25 research, equipment, techniques, management, or 


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1 other interests of the employer are not readily avail2 able in the United States labor market; 

3 ‘‘(II) is clearly different from those held by oth4 ers employed in the same or similar occupations; and 

5 ‘‘(III) does not apply to persons who have gen6 eral knowledge or expertise which enables them 

7 merely to produce a product or provide a service. 

8 ‘‘(ii)(I) The ownership of patented products or copy9 righted works by a petitioner under section 101(a)(15)(L) 

10 does not establish that a particular employee has special11 ized knowledge. In order to meet the definition under 

12 clause (i), the beneficiary shall be a key person with 

13 knowledge that is critical for performance of the job duties 

14 and is protected from disclosure through patent, copy15 right, or company policy. 

16 ‘‘(II) Different procedures are not proprietary knowl17 edge within this context unless the entire system and phi18 losophy behind the procedures are clearly different from 

19 those of other firms, they are relatively complex, and they 

20 are protected from disclosure to competition.’’. 

21 SEC. 211. TECHNICAL AMENDMENTS. 

22 Section 214(c)(2) of the Immigration and Nationality 

23 Act (8 U.S.C. 1184(c)(2)) is amended by striking ‘‘Attor24 ney General’’ each place such term appears and inserting 

25 ‘‘Secretary of Homeland Security’’. 


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1 SEC. 212. APPLICATION. 

2 Except as otherwise specifically provided, the amend3 ments made by this title shall apply to petitions and appli4 cations filed on or after the date of the enactment of this 

5 Act. 

Æ 


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