I 
111TH CONGRESS 
2D SESSION 
H. R. 5397 
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 HOUSE OF REPRESENTATIVES 
MAY 25, 2010 
Mr. PASCRELL (for himself, Ms. DELAURO, and Mr. ROHRABACHER) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Education and Labor, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘H–1B and L–1 Visa Reform Act of 2010’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
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. 
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. H–1B government authority and requirements. 
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 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 nonimmigrant. 
Sec. 206. Penalties. 
Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. 
Sec. 208. Reports on L–1 nonimmigrants. 
Sec. 209. Technical amendments. 
Sec. 210. Application. 
Sec. 211. Report on L–1 blanket petition process. 
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TITLE I—H–1B VISA FRAUD AND 
ABUSE PROTECTIONS 
Subtitle A—H–1B Employer 
Application Requirements 
SEC. 
101. 
MODIFICATION 
OF 
APPLICATION 
REQUIRE-
MENTS. 
(a) GENERAL APPLICATION REQUIREMENTS.—Sub-
paragraph (A) of section 212(n)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to 
read as follows: 
‘‘(A) The employer— 
‘‘(i) is offering and will offer to H–1B non-
immigrants, during the period of authorized 
employment for each H–1B nonimmigrant, 
wages that are determined based on the best in-
formation available at the time the application 
is filed and which are not less than the highest 
of— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment; 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment; and 
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