through 206, is further amended by adding at the end the 
following: 
‘‘(M)(i) An employer that has filed a petition to im-
port 1 or more aliens as nonimmigrants described in sec-
tion 101(a)(15)(L) violates this subparagraph by taking, 
failing to take, or threatening to take or fail to take, a 
personnel action, or intimidating, threatening, restraining, 
coercing, blacklisting, discharging, or discriminating in 
any other manner against an employee because the em-
ployee— 
‘‘(I) has disclosed information that the em-
ployee reasonably believes evidences a violation of 
this subsection, or any rule or regulation pertaining 
to this subsection; or 
‘‘(II) cooperates or seeks to cooperate with the 
requirements under this subsection, or any rule or 
regulation pertaining to this subsection. 
‘‘(ii) In this subparagraph, the term ‘employee’ in-
cludes— 
‘‘(I) a current employee; 
‘‘(II) a former employee; and 
‘‘(III) an applicant for employment.’’. 
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SEC. 208. ADJUDICATION BY DEPARTMENT OF HOMELAND 
SECURITY OF PETITIONS UNDER BLANKET 
PETITION. 
(a) IN GENERAL.—Section 214(c)(2)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is 
amended to read as follows: 
‘‘(A) The Secretary of Homeland Security shall es-
tablish a procedure under which an importing employer 
that meets the requirements established by the Secretary 
may file a blanket petition to authorize aliens to enter the 
United States as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) on behalf of such aliens. Such procedure 
shall permit— 
‘‘(i) the expedited processing by the Secretary 
of State of visas for admission of aliens covered 
under such blanket petitions; and 
‘‘(ii) the expedited adjudication by the Sec-
retary of Homeland Security of individual petitions 
covered under such blanket petitions.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to petitions filed on or after the 
date of the enactment of this Act. 
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SEC. 
209. 
REPORTS 
ON 
EMPLOYMENT-BASED 
NON-
IMMIGRANTS. 
(a) IN GENERAL.—Section 214(c)(8) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(8)) is amend-
ed to read as follows— 
‘‘(8) The Secretary of Homeland Security or Sec-
retary of State, as appropriate, shall submit an annual re-
port to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives that describes, with respect to petitions under 
subsection (e) and each subcategory of subparagraphs 
(H), (L), (O), (P), and (Q) of section 101(a)(15)— 
‘‘(A) the number of such petitions (or applica-
tions for admission, in the case of applications by 
Canadian nationals seeking admission under sub-
section (e) or section 101(a)(15)(L)) which have 
been filed; 
‘‘(B) the number of such petitions which have 
been approved and the number of workers (by occu-
pation) included in such approved petitions; 
‘‘(C) the number of such petitions which have 
been denied and the number of workers (by occupa-
tion) requested in such denied petitions; 
‘‘(D) the number of such petitions which have 
been withdrawn; 
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‘‘(E) the number of such petitions which are 
awaiting final action; 
‘‘(F) the number of aliens in the United States 
under 
each 
subcategory 
under 
section 
101(a)(15)(H); and 
‘‘(G) the number of aliens in the United States 
under 
each 
subcategory 
under 
section 
101(a)(15)(L).’’. 
(b) NONIMMIGRANT CHARACTERISTICS REPORT.— 
Section 416(c) of the American Competitiveness and 
Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 
is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) ANNUAL
H–1B
NONIMMIGRANT
CHARAC-
TERISTICS
REPORT.—The Secretary of Homeland 
Security shall submit an annual report to the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representa-
tives that contains— 
‘‘(A) for the previous fiscal year— 
‘‘(i) information on the countries of 
origin of, occupations of, educational levels 
attained by, and compensation paid to, 
aliens who were issued visas or provided 
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nonimmigrant 
status 
under 
section 
101(a)(15)(H)(i)(b) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)); 
‘‘(ii) a list of all employers who peti-
tioned for H–1B workers, the number of 
such petitions filed and approved for each 
such employer, the occupational classifica-
tions for the approved positions, and the 
number of H–1B nonimmigrants for whom 
each such employer filed an employment- 
based immigrant petition pursuant to sec-
tion 204(a)(1)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(F)); 
and 
‘‘(iii) the number of employment- 
based immigrant petitions filed pursuant 
to such section 204(a)(1)(F) on behalf of 
H–1B nonimmigrants; 
‘‘(B) a list of all employers for whom more 
than 15 percent of their United States work-
force is H–1B or L–1 nonimmigrants; 
‘‘(C) a list of all employers for whom more 
than 50 percent of their United States work-
force is H–1B or L–1 nonimmigrants; 
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‘‘(D) a gender breakdown by occupation 
and by country of origin of H–1B non-
immigrants; 
‘‘(E) a list of all employers who have been 
granted a waiver under section 214(n)(2)(E) of 
the Immigration and Nationality Act (8 U.S.C. 
1184(n)(2)(E)); and 
‘‘(F) the number of H–1B nonimmigrants 
categorized by their highest level of education 
and whether such education was obtained in the 
United States or in a foreign country.’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTER-
ISTICS REPORT.—The Secretary of Homeland Secu-
rity shall submit an annual report to the Committee 
on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives 
that contains— 
‘‘(A) for the previous fiscal year— 
‘‘(i) information on the countries of 
origin of, occupations of, educational levels 
attained by, and compensation paid to, 
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and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(1)(G)(i)) of taking good faith 
steps to recruit United States workers for 
the occupational classification for which 
the nonimmigrants are sought, using pro-
cedures that meet industry-wide standards; 
‘‘(ii) describes the best practices for 
recruiting among employers; and 
‘‘(iii) contains recommendations on 
which recruiting steps employers can take 
to maximize the likelihood of hiring Amer-
ican workers.’’; and 
(4) in paragraph (5), as redesignated, by strik-
ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 
and (3)’’. 
SEC. 210. SPECIALIZED KNOWLEDGE. 
Section 214(c)(2)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)(2)(B)) is amended to read as 
follows: 
‘‘(B)(i) For purposes of section 101(a)(15)(L), the 
term ‘specialized knowledge’— 
‘‘(I) means knowledge possessed by an indi-
vidual whose advanced level of expertise and propri-
etary knowledge of the employer’s product, service, 
research, equipment, techniques, management, or 
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other interests of the employer are not readily avail-
able in the United States labor market; 
‘‘(II) is clearly different from those held by oth-
ers employed in the same or similar occupations; and 
‘‘(III) does not apply to persons who have gen-
eral knowledge or expertise which enables them 
merely to produce a product or provide a service. 
‘‘(ii)(I) The ownership of patented products or copy-
righted works by a petitioner under section 101(a)(15)(L) 
does not establish that a particular employee has special-
ized knowledge. In order to meet the definition under 
clause (i), the beneficiary shall be a key person with 
knowledge that is critical for performance of the job duties 
and is protected from disclosure through patent, copy-
right, or company policy. 
‘‘(II) Different procedures are not proprietary knowl-
edge within this context unless the entire system and phi-
losophy behind the procedures are clearly different from 
those of other firms, they are relatively complex, and they 
are protected from disclosure to competition.’’. 
SEC. 211. TECHNICAL AMENDMENTS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)) is amended by striking ‘‘Attor-
ney General’’ each place such term appears and inserting 
‘‘Secretary of Homeland Security’’. 
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SEC. 212. APPLICATION. 
Except as otherwise specifically provided, the amend-
ments made by this title shall apply to petitions and appli-
cations filed on or after the date of the enactment of this 
Act. 
Æ 
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