II 

110TH CONGRESS 

1ST SESSION S. 1351 

To amend the Immigration and Nationality Act to improve the competitiveness of the United States in the global economy and to protect against 

potential visa fraud and abuse. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2007 

Mr. GREGG 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 improve 

the competitiveness of the United States in the global 

economy and to protect against potential visa fraud and 

abuse. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘H–1B Visa Program 

5 Modernization Act of 2007’’. 

6 SEC. 2. MARKET-BASED LIMITS FOR H–1B VISAS. 

7 Section 214(g) of the Immigration and Nationality 

8 Act (8 U.S.C. 1184(g)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘(beginning with fiscal year 

4 1992)’’; and 

5 (B) in subparagraph (A)— 

6 (i) in clause (vi) by striking ‘‘and’’; 

7 (ii) in clause (vii), by striking ‘‘each 

8 succeeding fiscal year; or’’ and inserting 

9 ‘‘each of fiscal years 2004, 2005, 2006, 

10 and 2007;’’; and 

11 (iii) by adding after clause (vii) the 

12 following: 

13 ‘‘(viii) 150,000 for fiscal year 2008; 

14 and 

15 ‘‘(ix) the number calculated under 

16 paragraph (9) for each fiscal year after fis17 cal year 2008; or’’; 

18 (2) by redesignating paragraphs (9), (10), and 

19 (11) as paragraphs (10), (11), and (12), respec20 tively; and 

21 (3) by inserting after paragraph (8) the fol22 lowing: 

23 ‘‘(9) If the numerical limitation in paragraph 

24 (1)(A)— 


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1 ‘‘(A) is reached during the previous fiscal year, 

2 the numerical limitation under paragraph (1)(A)(ix) 

3 for the subsequent fiscal year shall be equal to 120 

4 percent of the numerical limitation of the previous 

5 fiscal year; or 

6 ‘‘(B) is not reached during the previous fiscal 

7 year, the numerical limitation under paragraph 

8 (1)(A)(ix) for the subsequent fiscal year shall be 

9 equal to the numerical limitation of the previous fis10 cal year.’’. 

11 SEC. 3. H–1B VISA PROGRAM IMPROVEMENTS. 

12 (a) SAFEGUARDS AGAINST FRAUD AND MISREPRE13 SENTATION IN APPLICATION REVIEW PROCESS.—Section 

14 212(n)(1)(G) of the Immigration and Nationality Act (8 

15 U.S.C. 1182(n)(1)(G)) is amended— 

16 (1) by inserting ‘‘, clear indicators of fraud or 

17 misrepresentation of material fact,’’ after ‘‘complete18 ness’’; 

19 (2) by striking ‘‘or obviously inaccurate’’ and 

20 inserting ‘‘, presents clear indicators of fraud or 

21 misrepresentation of material fact, or is obviously in22 accurate’’; and 

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

24 Secretary’s review of an application identifies clear 

25 indicators of fraud or misrepresentation of material 


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1 fact, the Secretary may conduct an investigation and 

2 hearing under paragraph (2).’’. 

3 (b) H–1B NONIMMIGRANTS NOT ADMITTED FOR

4 JOBS ADVERTISED OR OFFERED ONLY TO H–1B NON5 IMMIGRANTS.—Section 212(n)(1) of such Act, as amended 

6 by this section, is further amended by inserting after sub7 paragraph (G) the following: 

8 ‘‘(H)(i) The employer has not advertised the 

9 available jobs specified in the application in an ad10 vertisement that states or indicates that— 

11 ‘‘(I) the job or jobs are only available to 

12 persons who are or who may become H–1B 

13 nonimmigrants; or 

14 ‘‘(II) persons who are or who may become 

15 H–1B nonimmigrants shall receive priority or a 

16 preference in the hiring process. 

17 ‘‘(ii) The employer has not only recruited per18 sons who are, or who may become, H–1B non19 immigrants to fill the job or jobs.’’. 

20 (c) LIMIT ON PERCENTAGE OF H–1B EMPLOYEES.— 

21 Section 212(n)(1) of such Act, as amended by this section, 

22 is further amended by inserting after subparagraph (H), 

23 as added by subsection (b), the following: 

24 ‘‘(I) If the employer employs not less than 50 

25 employees in the United States, not more than 50 


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1 percent of such employees are H–1B non2 immigrants.’’. 

3 (d) PENALTIES.—Section 212(n)(2)(C) of such Act 

4 is amended— 

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

6 inserting ‘‘$2,000’’; 

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

8 inserting ‘‘$10,000’’; and 

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

10 inserting ‘‘$2,000’’. 

11 (e) INVESTIGATIONS BY DEPARTMENT OF LABOR.— 

12 Section 212(n)(2) of such Act, as amended by this section, 

13 is further amended— 

14 (1) in subparagraph (A), by striking ‘‘12 

15 months’’ and inserting ‘‘24 months’’; and 

16 (2) in subparagraph (G)— 

17 (A) in clause (i), by striking the second 

18 sentence; 

19 (B) in clause (iii), by striking the last sen20 tence; 

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

22 (D) by redesignating clauses (vi), (vii), and 

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

24 (E) in clause (iv), as redesignated— 


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1 (i) by striking ‘‘clause (viii)’’ and in2 serting ‘‘clause (vi)’’; and 

3 (ii) by striking ‘‘12 months’’ and in4 serting ‘‘24 months’’; and 

5 (F) by adding at the end the following: 

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

7 a reasonable basis to believe that the employer has violated 

8 the requirements under this subsection, the Secretary may 

9 impose a penalty under subparagraph (C).’’. 

10 (f) INFORMATION SHARING BETWEEN DEPARTMENT

11 OF LABOR AND DEPARTMENT OF HOMELAND SECU12 RITY.—Section 212(n)(2) of such Act, as amended by this 

13 section, is further amended— 

14 (1) by redesignating subparagraph (I) as sub15 paragraph (J); and 

16 (2) by inserting after subparagraph (H) the fol17 lowing: 

18 ‘‘(I) The Director of United States Citizenship and 

19 Immigration Services shall provide the Secretary of Labor 

20 with any information contained in the materials submitted 

21 by H–1B employers as part of the adjudication process 

22 that indicates that the employer is not complying with H– 

23 1B visa program requirements. The Secretary may initiate 

24 and conduct an investigation and hearing under this paraVerDate Aug 31 2005 03:31 May 11, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1351.IS S1351

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1 graph after receiving information of noncompliance under 

2 this subparagraph.’’. 

3 (g) INFORMATION PROVIDED TO H–1B NON4 IMMIGRANTS UPON VISA ISSUANCE.— 

5 (1) IN GENERAL.—Section 212(n) of such Act, 

6 as amended by this section, is further amended— 

7 (A) by redesignating paragraphs (3) and 

8 (4) as paragraphs (4) and (5), respectively; and 

9 (B) by inserting after paragraph (2) the 

10 following: 

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

12 outside the United States, the issuing office shall provide 

13 the applicant with— 

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

16 including labor and wage protections; 

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

19 clarifying employer obligations and workers’ rights; 

20 and 

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

23 has been issued the visa to fill. 


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

2 inside the United States, the officer of the Department 

3 of Homeland Security shall provide the applicant with— 

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

6 including labor and wage protections; 

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

9 clarifying employer’s obligations and workers’ rights; 

10 and 

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

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

14 (2) CONFORMING AMENDMENTS.—Section 

15 212(n) of such Act, as amended by this section, is 

16 further amended— 

17 (A) in paragraph (1)(E)— 

18 (i) in clause (i), by striking ‘‘(4)’’ and 

19 inserting ‘‘(5)’’; and 

20 (ii) in clause (ii)— 

21 (I) by striking ‘‘(3)’’ and insert22 ing ‘‘(4)’’; and 

23 (II) by striking ‘‘(5)’’ and insert24 ing ‘‘(6)’’; and 

25 (B) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘(5)(A)’’ and inserting ‘‘(6)(A)’’; and 

3 (ii) in subparagraph (F), by striking 

4 ‘‘(5)’’ and inserting ‘‘(6)’’. 

5 (h) EFFECTIVE DATE.—The amendments made by 

6 subsections (b) and (c) shall only apply to applications 

7 filed after the date of enactment of this Act. 

Æ 


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