‘‘(AA) the opportunity to participate in 
health, life, disability, and other insurance 
plans; 
‘‘(BB) the opportunity to participate in re-
tirement and savings plans; and 
‘‘(CC) cash bonuses and noncash com-
pensation, such as stock options (whether or 
not based on performance).’’; and 
(B) 
in 
subclause 
(III), 
by 
striking 
‘‘$1,000’’ and inserting ‘‘$5,000’’. 
SEC. 113. WAIVER REQUIREMENTS. 
(a) IN GENERAL.—Section 212(n)(2)(E) of the Im-
migration and Nationality Act (8 U.S.C. 1182(n)(2)(E)) 
is amended to read as follows: 
‘‘(E)(i) The Secretary of Labor may waive the prohi-
bition under paragraph (1)(F) if the Secretary determines 
that the employer seeking such waiver has established 
that— 
‘‘(I) the employer with which the H–1B non-
immigrant would be placed— 
‘‘(aa) does not intend to replace a United 
States worker with one or more H–1B non-
immigrants; and 
‘‘(bb) has not displaced, and does not in-
tend to displace, a United States worker em-
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ployed by the employer within the period begin-
ning 180 days before the date of the placement 
of the nonimmigrant with the employer and 
ending 180 days after such date (not including 
any period of on-site or virtual training of H– 
1B nonimmigrants by employees of the em-
ployer); 
‘‘(II) the H–1B nonimmigrant will be prin-
cipally controlled and supervised by the petitioning 
employer; and 
‘‘(III) the placement of the H–1B non-
immigrant is not essentially an arrangement to pro-
vide labor for hire for the employer with which the 
H–1B nonimmigrant will be placed. 
‘‘(ii) The Secretary shall grant or deny a waiver 
under this subparagraph not later than 7 days after the 
date on which the Secretary receives an application for 
such waiver.’’. 
(b) RULEMAKING.— 
(1) RULES
FOR
WAIVERS.—The Secretary of 
Labor, after notice and a period for comment, shall 
promulgate a final rule for an employer to apply for 
a waiver under section 212(n)(2)(E) of the Immigra-
tion and Nationality Act, as amended by subsection 
(a). 
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(2) REQUIREMENT
FOR
PUBLICATION.—The 
Secretary of Labor shall submit to Congress, and 
publish in the Federal Register and in other appro-
priate media, a notice of the date on which the rules 
required under paragraph (1) are published. 
SEC. 114. INITIATION OF INVESTIGATIONS. 
Section 212(n)(2)(G) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(2)(G)) is amended— 
(1) in clause (i), by striking ‘‘if the Secretary 
of Labor’’ and all that follows and inserting ‘‘with 
regard to the employer’s compliance with the re-
quirements under this subsection.’’; 
(2) in clause (ii), by striking ‘‘and whose iden-
tity’’ and all that follows through ‘‘failure or fail-
ures.’’ and inserting ‘‘the Secretary may conduct an 
investigation into the employer’s compliance with the 
requirements under this subsection.’’; 
(3) in clause (iii), by striking the last sentence; 
(4) by striking clauses (iv) and (v); 
(5) by redesignating clauses (vi), (vii), and (viii) 
as clauses (iv), (v), and (vi), respectively; 
(6) in clause (iv), as redesignated, by striking 
‘‘meet a condition described in clause (ii), unless the 
Secretary of Labor receives the information not later 
than 12 months’’ and inserting ‘‘comply with the re-
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quirements under this subsection unless the Sec-
retary of Labor receives the information not later 
than 2 years’’; 
(7) by amending clause (v), as redesignated, to 
read as follows: 
‘‘(v)(I) Except as provided in subclause (II), the Sec-
retary of Labor shall provide notice to an employer of the 
intent to conduct an investigation. Such notice shall be 
provided in such a manner, and shall contain sufficient 
detail, to permit the employer to respond to the allegations 
before an investigation is commenced. 
‘‘(II) The Secretary of Labor is not required to com-
ply with subclause (I) if the Secretary determines that 
such compliance would interfere with an effort by the Sec-
retary to investigate or secure compliance by the employer 
with the requirements under this subsection. 
‘‘(III) A determination by the Secretary of Labor 
under this clause shall not be subject to judicial review.’’; 
(8) in clause (vi), as redesignated, by striking 
‘‘An investigation’’ and all that follows through ‘‘the 
determination.’’ and inserting ‘‘If the Secretary of 
Labor, after an investigation under clause (i) or (ii), 
determines that a reasonable basis exists to make a 
finding that the employer has failed to comply with 
the requirements under this subsection, the Sec-
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retary, not later than 120 days after the date of 
such determination, shall provide interested parties 
with notice of such determination and an oppor-
tunity for a hearing in accordance with section 556 
of title 5, United States Code.’’; and 
(9) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after a hearing, finds 
a reasonable basis to believe that the employer has violated 
the requirements under this subsection, the Secretary 
shall impose a penalty in accordance with subparagraph 
(C).’’. 
SEC. 115. INFORMATION SHARING. 
Section 212(n)(2)(H) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read 
as follows: 
‘‘(H) The Director of U.S. Citizenship and Immigra-
tion Services shall provide the Secretary of Labor with any 
information contained in the materials submitted by em-
ployers of H–1B nonimmigrants as part of the petition 
adjudication process that indicates that the employer is 
not complying with visa program requirements for H–1B 
nonimmigrants. The Secretary may initiate and conduct 
an investigation and hearing under this paragraph after 
receiving information of noncompliance under this sub-
paragraph.’’. 
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SEC. 116. CONFORMING AMENDMENT. 
Section 212(n)(2)(F) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(2)(F)) is amended by striking 
‘‘The preceding sentence shall apply to an employer re-
gardless of whether or not the employer is an H–1B-de-
pendent employer.’’. 
Subtitle C—Other Protections 
SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE 
DEPARTMENT OF LABOR. 
(a) DEPARTMENT
OF LABOR WEBSITE.—Section 
212(n)(3) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)) is amended to read as follows: 
‘‘(3)(A) Not later than 90 days after the date of the 
enactment of the H–1B and L–1 Visa Reform Act of 
2016, the Secretary of Labor shall establish a searchable 
Internet website for posting positions in accordance with 
paragraph (1)(C) that is available to the public without 
charge. 
‘‘(B) The Secretary may work with private companies 
or nonprofit organizations to develop and operate the 
Internet website described in subparagraph (A). 
‘‘(C) The Secretary may promulgate rules, after no-
tice and a period for comment, to carry out this para-
graph.’’. 
(b) PUBLICATION REQUIREMENT.—The Secretary of 
Labor shall submit to Congress, and publish in the Fed-
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eral Register and in other appropriate media, a notice of 
the date on which the Internet website required under sec-
tion 212(n)(3) of the Immigration and Nationality Act, 
as amended by subsection (a), will be operational. 
(c) APPLICATION.—The amendments made by sub-
section (a) shall apply to an application filed on or after 
the date that is 30 days after the date described in sub-
section (b). 
SEC. 122. TRANSPARENCY AND REPORT ON WAGE SYSTEM. 
(a) IMMIGRATION DOCUMENTS.—Section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) is 
amended by adding at the end the following: 
‘‘(m) EMPLOYER TO PROVIDE IMMIGRATION PAPER-
WORK EXCHANGED WITH FEDERAL AGENCIES.— 
‘‘(1) IN GENERAL.—Not later than 21 business 
days after receiving a written request from a former, 
current, or prospective employee of an employer who 
is the beneficiary of an employment-based non-
immigrant petition filed by the employer, such em-
ployer shall provide such employee or beneficiary 
with the original (or a certified copy of the original) 
of all petitions, notices, and other written commu-
nication exchanged between the employer and the 
Department of Labor, the Department of Homeland 
Security, or any other Federal agency or department 
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that is related to an immigrant or nonimmigrant pe-
tition filed by the employer for such employee or 
beneficiary. 
‘‘(2) WITHHOLDING OF FINANCIAL OR PROPRI-
ETARY INFORMATION.—If a document required to be 
provided to an employee or prospective employee 
under paragraph (1) includes any sensitive financial 
or proprietary information of the employer, the em-
ployer may redact such information from the copies 
provided to such person.’’. 
(b) GAO REPORT
ON JOB CLASSIFICATION
AND 
WAGE DETERMINATIONS.—Not later than 1 year after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall prepare a report that— 
(1) analyzes the accuracy and effectiveness of 
the Secretary of Labor’s current job classification 
and wage determination system; 
(2) specifically addresses whether the systems 
in place accurately reflect the complexity of current 
job types and geographic wage differences; and 
(3) makes recommendations concerning nec-
essary updates and modifications. 
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SEC. 123. REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L–1 NONIMMIGRANTS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the fol-
lowing: 
‘‘(s) REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L–1 NONIMMIGRANTS.— 
‘‘(1) IN GENERAL.—Upon issuing a visa to an 
applicant, who is outside the United States, for non-
immigrant 
status 
pursuant 
to 
subparagraph 
(H)(i)(b) or (L) of section 101(a)(15), the issuing 
office shall provide the applicant with— 
‘‘(A) a brochure outlining the obligations 
of the applicant’s employer and the rights of 
the applicant with regard to employment under 
Federal law, including labor and wage protec-
tions; 
‘‘(B) the contact information for appro-
priate Federal agencies or departments that 
offer additional information or assistance in 
clarifying such obligations and rights; and 
‘‘(C) a copy of the petition submitted for 
the nonimmigrant under section 212(n) or the 
petition submitted for the nonimmigrant under 
subsection (c)(2)(A), as appropriate. 
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‘‘(2) 
APPLICANTS
INSIDE
THE
UNITED 
STATES.—Upon the approval of an initial petition 
filed for an alien who is in the United States and 
seeking status under subparagraph (H)(i)(b) or (L) 
of section 101(a)(15), the Secretary of Homeland 
Security shall provide the applicant with the mate-
rial described in subparagraphs (A), (B), and (C) of 
paragraph (1).’’. 
SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOY-
EES. 
(a) IN GENERAL.—The Secretary of Labor is author-
ized to hire up to 200 additional employees to administer, 
oversee, investigate, and enforce programs involving non-
immigrant 
employees 
described 
in 
section 
101(a)(15)(H)(i)(B). 
(b) SOURCE OF FUNDS.—The cost of hiring the addi-
tional employees authorized to be hired under subsection 
(a) shall be recovered with funds from the H–1B Adminis-
tration, Oversight, Investigation, and Enforcement Ac-
count established under section 212(n)(6) of the Immigra-
tion and Nationality Act, as added by section 107. 
SEC. 125. TECHNICAL CORRECTION. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by redesignating the second 
subsection (t), as added by section 1(b)(2)(B) of the Act 
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entitled ‘‘An Act to amend and extend the Irish Peace 
Process Cultural and Training Program Act of 1998’’ 
(Public Law 108–449; 118 Stat. 3470), as subsection (u). 
SEC. 126. APPLICATION. 
Except as specifically otherwise 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. 
TITLE II—L–1 VISA FRAUD AND 
ABUSE PROTECTIONS 
SEC. 201. PROHIBITION ON REPLACEMENT OF UNITED 
STATES WORKERS AND RESTRICTING OUT-
PLACEMENT OF L–1 NONIMMIGRANTS. 
(a) RESTRICTION
ON
OUTPLACEMENT
OF
L–1 
WORKERS.—Section 214(c)(2)(F) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)(F)) is amended to 
read as follows: 
‘‘(F)(i) Unless an employer receives a waiver under 
clause (ii), an employer may not employ an alien, for a 
cumulative period exceeding 1 year, who— 
‘‘(I) will serve in a capacity involving specialized 
knowledge with respect to an employer for purposes 
of section 101(a)(15)(L); and 
‘‘(II) will be stationed primarily at the worksite 
of an employer other than the petitioning employer 
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or its affiliate, subsidiary, or parent, including pur-
suant to an outsourcing, leasing, or other con-
tracting agreement. 
‘‘(ii) The Secretary of Labor may grant a waiver of 
the requirements under clause (i) if the Secretary deter-
mines that the employer requesting such waiver has estab-
lished that— 
‘‘(I) the employer with which the alien referred 
to in clause (i) would be placed— 
‘‘(aa) will not at any time replace a United 
States worker with one or more nonimmigrants 
described in section 101(a)(15)(L); and 
‘‘(bb) has not displaced and does not in-
tend to displace a United States worker em-
ployed by the employer within the period begin-
ning 180 days before the date of the placement 
of such alien with the employer and ending 180 
days after such date (not including any period 
of on-site or virtual training of nonimmigrants 
described in section 101(a)(15)(L) by employees 
of the employer); 
‘‘(II) such alien will be principally controlled 
and supervised by the petitioning employer; and 
‘‘(III) the placement of the nonimmigrant is not 
essentially an arrangement to provide labor for hire 
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for an unaffiliated employer with which the non-
immigrant will be placed, rather than a placement in 
connection with the provision of a product or service 
for which specialized knowledge specific to the peti-
tioning employer is necessary. 
‘‘(iii) The Secretary shall grant or deny a waiver 
under clause (ii) not later than 7 days after the date on 
which the Secretary receives the application for the waiv-
er.’’. 
(b) PROHIBITION
ON REPLACEMENT
OF UNITED 
STATES WORKERS.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amend-
ed by adding at the end the following: 
‘‘(G)(i) An employer importing an alien as a non-
immigrant under section 101(a)(15)(L)— 
‘‘(I) may not at any time replace a United 
States worker (as defined in section 212(n)(4)(E)) 
with one or more such nonimmigrants; and 
‘‘(II) may not displace a United States worker 
(as defined in section 212(n)(4)(E)) employed by the 
employer within the period beginning 180 days be-
fore and ending 180 days after the date of the place-
ment of such a nonimmigrant with the employer. 
‘‘(ii) The 180-day period referenced in subclause (II) 
of clause (i) may not include any period of on-site or vir-
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tual training of nonimmigrants described in clause (i) by 
employees of the employer.’’. 
(c) RULEMAKING.—The Secretary of Homeland Se-
curity, after notice and a period for comment, shall pro-
mulgate rules for an employer to apply for a waiver under 
section 214(c)(2)(F)(ii), as added by subsection (a). 
SEC. 202. L–1 EMPLOYER PETITION REQUIREMENTS FOR 
EMPLOYMENT AT NEW OFFICES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by section 201, 
is further amended by adding at the end the following: 
‘‘(H)(i) If the beneficiary of a petition under this 
paragraph is coming to the United States to open, or be 
employed in, a new office, the petition may be approved 
for up to 12 months only if— 
‘‘(I) the alien has not been the beneficiary of 
two or more petitions under this subparagraph dur-
ing the immediately preceding 2 years; and 
‘‘(II) the employer operating the new office 
has— 
‘‘(aa) an adequate business plan; 
‘‘(bb) sufficient physical premises to carry 
out the proposed business activities; and 
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‘‘(cc) the financial ability to commence 
doing business immediately upon the approval 
of the petition. 
‘‘(ii) An extension of the approval period under clause 
(i) may not be granted until the importing employer sub-
mits an application to the Secretary of Homeland Security 
that contains— 
‘‘(I) evidence that the importing employer 
meets the requirements of this subsection; 
‘‘(II) evidence that the beneficiary of the peti-
tion is eligible for nonimmigrant status under sec-
tion 101(a)(15)(L); 
‘‘(III) a statement summarizing the original pe-
tition; 
‘‘(IV) evidence that the importing employer has 
fully complied with the business plan submitted 
under clause (i)(I); 
‘‘(V) evidence of the truthfulness of any rep-
resentations made in connection with the filing of 
the original petition; 
‘‘(VI) evidence that the importing employer, for 
the entire period beginning on the date on which the 
petition was approved under clause (i), has been 
doing business at the new office through regular, 
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systematic, and continuous provision of goods and 
services; 
‘‘(VII) a statement of the duties the beneficiary 
has performed at the new office during the approval 
period under clause (i) and the duties the beneficiary 
will perform at the new office during the extension 
period granted under this clause; 
‘‘(VIII) a statement describing the staffing at 
the new office, including the number of employees 
and the types of positions held by such employees; 
‘‘(IX) evidence of wages paid to employees; 
‘‘(X) evidence of the financial status of the new 
office; and 
‘‘(XI) any other evidence or data prescribed by 
the Secretary. 
‘‘(iii) A new office employing the beneficiary of an 
L–1 petition approved under this paragraph shall do busi-
ness only through regular, systematic, and continuous pro-
vision of goods and services for the entire period for which 
the petition is sought. 
‘‘(iv) Notwithstanding clause (ii), and subject to the 
maximum period of authorized admission set forth in sub-
paragraph (D), the Secretary of Homeland Security, in 
the Secretary’s discretion, may approve a subsequently 
filed petition on behalf of the beneficiary to continue em-
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ployment at the office described in this subparagraph for 
a period beyond the initially granted 12-month period if 
the importing employer has been doing business at the 
new office through regular, systematic, and continuous 
provision of goods and services for the 6 months imme-
diately preceding the date of extension petition filing and 
demonstrates that the failure to satisfy any of the require-
ments described in those subclauses was directly caused 
by extraordinary circumstances, as determined by the Sec-
retary in the Secretary’s discretion.’’. 
SEC. 203. COOPERATION WITH SECRETARY OF STATE. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
and 202, is further amended by adding at the end the 
following: 
‘‘(I) The Secretary of Homeland Security shall work 
cooperatively with the Secretary of State to verify the ex-
istence or continued existence of a company or office in 
the United States or in a foreign country for purposes of 
approving petitions under this paragraph.’’. 
SEC. 204. INVESTIGATION AND DISPOSITION OF COM-
PLAINTS AGAINST L–1 EMPLOYERS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
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through 203, is further amended by adding at the end the 
following: 
‘‘(J)(i) The Secretary of Homeland Security may ini-
tiate an investigation of any employer that employs non-
immigrants described in section 101(a)(15)(L) with re-
gard to the employer’s compliance with the requirements 
of this subsection. 
‘‘(ii) If the Secretary receives specific credible infor-
mation from a source who is likely to have knowledge of 
an employer’s practices, employment conditions, or com-
pliance with the requirements under this subsection, the 
Secretary may conduct an investigation into the employ-
er’s compliance with the requirements of this subsection. 
The Secretary may withhold the identity of the source 
from the employer, and the source’s identity shall not be 
subject to disclosure under section 552 of title 5, United 
States Code. 
‘‘(iii) The Secretary shall establish a procedure for 
any person desiring to provide to the Secretary informa-
tion described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an inves-
tigation described in such clause, to provide the informa-
tion in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person. 
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‘‘(iv) No investigation described in clause (ii) (or 
hearing described in clause (vi) based on such investiga-
tion) may be conducted with respect to information about 
a failure to comply with the requirements under this sub-
section, unless the Secretary receives the information not 
later than 24 months after the date of the alleged failure. 
‘‘(v) Before commencing an investigation of an em-
ployer under clause (i) or (ii), the Secretary shall provide 
notice to the employer of the intent to conduct such inves-
tigation. The notice shall be provided in such a manner, 
and shall contain sufficient detail, to permit the employer 
to respond to the allegations before an investigation is 
commenced. The Secretary is not required to comply with 
this clause if the Secretary determines that to do so would 
interfere with an effort by the Secretary to investigate or 
secure compliance by the employer with the requirements 
of this subsection. There shall be no judicial review of a 
determination by the Secretary under this clause. 
‘‘(vi) If the Secretary, after an investigation under 
clause (i) or (ii), determines that a reasonable basis exists 
to make a finding that the employer has failed to comply 
with the requirements under this subsection, the Secretary 
shall provide the interested parties with notice of such de-
termination and an opportunity for a hearing in accord-
ance with section 556 of title 5, United States Code, not 
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later than 120 days after the date of such determination. 
If such a hearing is requested, the Secretary shall make 
a finding concerning the matter by not later than 120 days 
after the date of the hearing. 
‘‘(vii) If the Secretary, after a hearing, finds a rea-
sonable basis to believe that the employer has violated the 
requirements under this subsection, the Secretary shall 
impose a penalty under subparagraph (K). 
‘‘(viii)(I) The Secretary may conduct surveys of the 
degree to which employers comply with the requirements 
under this section. 
‘‘(II) The Secretary shall— 
‘‘(aa) conduct annual compliance audits of 
not less than 1 percent of the employers that 
employ nonimmigrants described in section 
101(a)(15)(L) during the applicable fiscal year; 
‘‘(bb) conduct annual compliance audits of 
each employer with more than 100 employees 
who work in the United States if more than 15 
percent of such employees are nonimmigrants 
described in 101(a)(15)(L); and 
‘‘(cc) make available to the public an exec-
utive summary or report describing the general 
findings of the audits carried out pursuant to 
this subclause. 
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‘‘(ix) The Secretary is authorized to take other such 
actions, including issuing subpoenas and seeking appro-
priate injunctive relief and specific performance of con-
tractual obligations, as may be necessary to assure em-
ployer compliance with the terms and conditions under 
this paragraph. The rights and remedies provided to non-
immigrants described in section 101(a)(15)(L) under this 
paragraph are in addition to, and not in lieu of, any other 
contractual or statutory rights and remedies of such non-
immigrants, and are not intended to alter or affect such 
rights and remedies.’’. 
SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L– 
1 NONIMMIGRANTS. 
(a) IN GENERAL.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)), as amend-
ed by sections 201 through 204, is further amended by 
adding at the end the following: 
‘‘(K)(i) An employer that employs a nonimmigrant 
described in section 101(a)(15)(L) for a cumulative period 
of time in excess of 1 year shall— 
‘‘(I) offer such nonimmigrant, during the period 
of authorized employment, wages, based on the best 
information available at the time the application is 
filed, which are not less than the highest of— 
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‘‘(aa) the locally determined prevailing 
wage level for the occupational classification in 
the area of employment; 
‘‘(bb) the median wage for all workers in 
the occupational classification in the area of 
employment; and 
‘‘(cc) the median wage for skill level 2 in 
the occupational classification found in the 
most recent Occupational Employment Statis-
tics survey; and 
‘‘(II) provide working conditions for such non-
immigrant that will not adversely affect the working 
conditions of workers similarly employed by the em-
ployer or by an employer with which such non-
immigrant is placed pursuant to a waiver under sub-
paragraph (F)(ii). 
‘‘(ii) If an employer, in such previous period specified 
by the Secretary of Homeland Security, employed one or 
more such nonimmigrants, the employer shall provide to 
the Secretary of Homeland Security the Internal Revenue 
Service Form W–2 Wage and Tax Statement filed by the 
employer with respect to such nonimmigrants for such pe-
riod. 
‘‘(iii) It is a failure to meet a condition under this 
subparagraph for an employer who has filed a petition to 
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import one or more aliens as nonimmigrants described in 
section 101(a)(15)(L)— 
‘‘(I) to require such a nonimmigrant to pay a 
penalty or liquidated damages for ceasing employ-
ment with the employer before a date mutually 
agreed to by the nonimmigrant and the employer; or 
‘‘(II) to fail to offer to such a nonimmigrant, 
during the nonimmigrant’s period of authorized em-
ployment, on the same basis, and in accordance with 
the same criteria, as the employer offers to United 
States workers, benefits and eligibility for benefits, 
including— 
‘‘(aa) the opportunity to participate in 
health, life, disability, and other insurance 
plans; 
‘‘(bb) the opportunity to participate in re-
tirement and savings plans; and 
‘‘(cc) cash bonuses and noncash compensa-
tion, such as stock options (whether or not 
based on performance).’’. 
(b) RULEMAKING.—The Secretary of Homeland Se-
curity, after notice and a period of comment and taking 
into consideration any special circumstances relating to 
intracompany transfers, shall promulgate rules to imple-
ment the requirements under section 214(c)(2)(K) of the 
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Immigration and Nationality Act, as added by subsection 
(a). 
SEC. 206. PENALTIES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
through 205, is further amended by adding at the end the 
following: 
‘‘(L)(i) If the Secretary of Homeland Security deter-
mines, after notice and an opportunity for a hearing, that 
an employer failed to meet a condition under subpara-
graph (F), (G), (K), or (M), or misrepresented a material 
fact in a petition to employ one or more aliens as non-
immigrants described in section 101(a)(15)(L)— 
‘‘(I) the Secretary shall impose such adminis-
trative remedies (including civil monetary penalties 
in an amount not to exceed $5,000 per violation) as 
the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least 1 year, approve a petition for that employer 
to employ one or more aliens as such non-
immigrants; and 
‘‘(III) in the case of a violation of subparagraph 
(K) or (M), the employer shall be liable to the em-
ployees harmed by such violation for lost wages and 
benefits. 
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‘‘(ii) If the Secretary finds, after notice and an oppor-
tunity for a hearing, a willful failure by an employer to 
meet a condition under subparagraph (F), (G), (K), or 
(M) or a willful misrepresentation of material fact in a 
petition to employ one or more aliens as nonimmigrants 
described in section 101(a)(15)(L)— 
‘‘(I) the Secretary shall impose such adminis-
trative remedies (including civil monetary penalties 
in an amount not to exceed $25,000 per violation) 
as the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least 2 years, approve a petition filed for that em-
ployer to employ one or more aliens as such non-
immigrants; and 
‘‘(III) in the case of a violation of subparagraph 
(K) or (M), the employer shall be liable to the em-
ployees harmed by such violation for lost wages and 
benefits.’’. 
SEC. 207. PROHIBITION ON RETALIATION AGAINST L–1 
NONIMMIGRANTS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
through 206, is further amended by adding at the end the 
following: 
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‘‘(M)(i) An employer that has filed a petition to im-
port one 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 of this subsection, or any rule or regu-
lation 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: 
‘‘(2)(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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‘‘(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; 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, 
aliens who were issued visas or provided 
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nonimmigrant 
status 
under 
section 
101(a)(15)(L) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(L)); 
‘‘(ii) a list of all employers who peti-
tioned for L–1 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 L–1 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; and 
‘‘(iii) the number of employment- 
based immigrant petitions filed pursuant 
to section 204(a)(1)(F) of the Immigration 
and Nationality Act on behalf of L–1 non-
immigrants; 
‘‘(B) a gender breakdown by occupation 
and by country of L–1 nonimmigrants; 
‘‘(C) a list of all employers who have been 
granted a waiver under section 214(c)(2)(F)(ii) 
of the Immigration and Nationality Act; 
‘‘(D) the number of L–1 nonimmigrants 
categorized by their highest level of education 
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and whether such education was obtained in the 
United States or in a foreign country; 
‘‘(E) the number of applications for each 
subcategory of nonimmigrant described under 
section 101(a)(15)(L), based on an approved 
blanket petition under section 214(c)(2)(A) of 
the Immigration and Nationality Act, which 
have been filed; and 
‘‘(F) the number of applications for each 
subcategory of nonimmigrant described under 
section 101(a)(15)(L) of the Immigration and 
Nationality Act, based on an approved blanket 
petition under section 214(c)(2)(A) of such Act, 
which have been approved. 
‘‘(4) ANNUAL H–1B EMPLOYER SURVEY.—The 
Secretary of Labor shall— 
‘‘(A) conduct an annual survey of employ-
ers hiring foreign nationals under the H–1B 
visa program; and 
‘‘(B) issue an annual report that— 
‘‘(i) describes the methods employers 
are using to meet the requirement under 
section 212(n)(1)(G)(i) of the Immigration 
and Nationality Act of taking good faith 
steps to recruit United States workers for 
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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 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 
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 
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‘‘(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’’. 
SEC. 212. APPLICATION. 
Except as otherwise specifically provided, the amend-
ments made by this title shall apply to petitions and appli-
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cations filed on or after the date of the enactment of this 
Act. 
Æ 
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