‘‘(iii) not later than July 1 of each 
year, submit a report to the Committee on 
the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of 
Representatives that contains— 
‘‘(I) the information described in 
clause (i); 
‘‘(II) information about any peti-
tioner employers whose applications 
were denied under subparagraph (C); 
‘‘(III) information about any on-
going investigations of petitioner em-
ployers for potential or determined 
violations of use of the H–1B visa 
program; 
‘‘(IV) any referrals of potential 
violations of section 1621 of title 18, 
United States Code, to the Attorney 
General, as required under paragraph 
(3)(D)(i); 
‘‘(V) any assessments of civil 
penalties of petitioner employers, as 
required under clauses (ii) and (iii) of 
paragraph (3)(D); and 
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‘‘(VI) any additional information 
that the Secretary of Labor believes 
may be relevant to future congres-
sional evaluation of the H–1B visa 
program. 
‘‘(3) H–1B APPLICATION INVESTIGATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Labor shall establish a process for the receipt, 
investigation, and disposition of complaints re-
specting— 
‘‘(i) a petitioner employer’s failure to 
meet a condition specified in an application 
submitted under paragraph (1); and 
‘‘(ii) a petitioner employer’s misrepre-
sentation of material facts in such an ap-
plication. 
‘‘(B) INVESTIGATION PROCEDURES.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor may conduct an investigation of any 
complaint alleged against a petitioner em-
ployer— 
‘‘(I) based on the independent 
judgment of the Secretary; 
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‘‘(II) in response to a referral or 
complaint from the head of another 
Federal agency; or 
‘‘(III) through any other method 
that, in the Secretary’s discretion, 
shows cause for such an investigation. 
‘‘(ii) COMPLAINANTS.—A complaint 
may be filed by any aggrieved party, in-
cluding— 
‘‘(I) any United States citizen or 
lawful permanent resident who be-
lieves his or her job has been elimi-
nated or could potentially be elimi-
nated as the result of the petitioner 
employer hiring or seeking to hire a 
foreign national pursuant to a non-
immigrant visa; 
‘‘(II) any trade association or 
union that represents any person de-
scribed in subclause (I); and 
‘‘(III) any foreign national hired 
for work in the United States pursu-
ant to a nonimmigrant visa who be-
lieves he or she is subject to poten-
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tially unlawful workplace conditions or 
requirements. 
‘‘(iii) PROCESS
FOR
FOREIGN
NA-
TIONAL COMPLAINANTS.—The Secretary of 
Labor and the Secretary of Homeland Se-
curity shall devise a process under which 
an H–1B nonimmigrant who files a com-
plaint regarding a violation under this sub-
section and is otherwise eligible to remain 
and work in the United States may be al-
lowed to seek other appropriate employ-
ment in the United States for a period not 
to exceed the maximum period of stay au-
thorized for such nonimmigrant classifica-
tion. 
‘‘(iv) PROGRAM
PAUSE
FOR
INITI-
ATION OF INVESTIGATION.—In any situa-
tion in which the Secretary of Labor com-
mences an investigation of a petitioner em-
ployer under this paragraph, the Secretary 
of Labor may— 
‘‘(I) cease processing any applica-
tion that is submitted under this sub-
section and filed by such petitioner 
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employer until the conclusion of such 
investigation; and 
‘‘(II) suspend such petitioner em-
ployer’s usage of currently issued H– 
1B nonimmigrant visas, until the con-
clusion of such investigation. 
‘‘(C) INITIATION OF INVESTIGATION.—Not 
later than 30 days after the date on which a 
complaint is filed with the Department of Labor 
under this paragraph, the Secretary of Labor— 
‘‘(i) shall determine whether a reason-
able basis exists to make a finding under 
subparagraph (D); 
‘‘(ii) not later than 30 days after the 
date of such determination, shall provide 
for notice of such determination to the in-
terested parties and an opportunity for a 
hearing on such determination, in accord-
ance with section 556 of title 5, United 
States Code; 
‘‘(iii) if such a hearing is requested 
and held, shall make a finding concerning 
the matter not later than 30 days after the 
date of such hearing; and 
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‘‘(iv) in the case of similar complaints 
respecting the same petitioner employer, 
may consolidate the hearings under this 
subparagraph on such complaints. 
‘‘(D) PENALTIES.— 
‘‘(i) FINDING OF POSSIBLE CRIMINAL 
VIOLATION.—If the Secretary of Labor, 
after notice and opportunity for a hearing 
under subparagraph (C), finds that a peti-
tioner employer made one or more false 
statements in a sworn affidavit or similar 
court-recognized statement, the Secretary 
shall refer such petitioner employer to the 
Attorney General for criminal prosecution. 
‘‘(ii) FINDING OF MATERIAL FAILURE 
WITHOUT
DISPLACEMENT.—If the Sec-
retary of Labor, after notice and oppor-
tunity for a hearing under subparagraph 
(C), finds that a petitioner employer mate-
rially failed to meet a condition required 
under paragraph (1), the Secretary may— 
‘‘(I) impose a fine against the pe-
titioner employer that is not less than 
$50,000 
and 
not 
greater 
than 
$100,000 per violation, which shall be 
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deposited into the general fund of the 
Treasury; 
‘‘(II) 
immediately 
revoke 
all 
issued H–1B visas currently being 
used by the petitioner employer; and 
‘‘(III) prohibit the petitioner em-
ployer from applying for additional 
H–1B visas for a period of not less 
than 5 years and not more than 10 
years. 
‘‘(iii) FINDING OF MATERIAL FAILURE 
WITH DISPLACEMENT.—If the Secretary of 
Labor, after notice and opportunity for a 
hearing under subparagraph (C), finds 
that a petitioner employer materially failed 
to meet a condition under paragraph (1), 
and, in the course of, or as a result of, 
such material failure, the petitioner em-
ployer displaced a United States citizen or 
lawful permanent resident employed by the 
petitioner employer during the period be-
ginning 2 years before the date on which 
any visa petition supported by the applica-
tion was filed and ending 2 years after 
such date, the Secretary shall— 
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‘‘(I) impose a fine against the pe-
titioner employer that is not less than 
$100,000 
and 
not 
greater 
than 
$500,000 per violation, which shall be 
deposited into the general fund of the 
Treasury; 
‘‘(II) 
immediately 
revoke 
all 
issued H–1B visas currently being 
used by the petitioner employer; 
‘‘(III) permanently bar the peti-
tioner employer from applying for ad-
ditional H–1B visas; and 
‘‘(IV) require the petitioner em-
ployer to provide retroactive com-
pensation for any displaced United 
States citizen or lawful permanent 
resident employee. 
‘‘(E) SCOPE OF INVESTIGATIVE AUTHOR-
ITY.— 
‘‘(i) IN GENERAL.—The Secretary of 
Labor may initiate an investigation of any 
petitioner employer that employs non-
immigrants 
described 
in 
section 
101(a)(15)(H)(i)(b) if the Secretary of 
Labor has reasonable cause to believe that 
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the petitioner employer is not in compli-
ance with this subsection. 
‘‘(ii) CERTIFICATION.—The Secretary 
of Labor (or the acting Secretary in case 
of the absence or disability) shall person-
ally certify that reasonable cause exists to 
initiate an investigation under this sub-
paragraph. The investigation may be initi-
ated for reasons other than completeness 
and obvious inaccuracies by the petitioner 
employer in complying with this sub-
section. 
‘‘(iii) USE OF INFORMATION.—If the 
Secretary of Labor receives specific cred-
ible information from a source who is likely 
to have knowledge of a petitioner employ-
er’s practices or employment conditions, or 
a petitioner employer’s compliance with the 
petitioner employer’s labor condition appli-
cation under paragraph (1), and whose 
identity is known to the Secretary of 
Labor, and such information provides rea-
sonable cause to believe that the petitioner 
employer has committed a willful failure to 
meet a condition under subparagraph (A), 
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(B), (C), (E), (F), or (G)(i), has engaged 
in a pattern or practice of failures to meet 
such a condition, or has committed a sub-
stantial failure to meet such a condition 
that affects multiple employees, the Sec-
retary of Labor may— 
‘‘(I) conduct an investigation into 
the alleged failure or failures; and 
‘‘(II) withhold the identity of the 
source from the petitioner employer, 
which shall not be subject to disclo-
sure under section 552 of title 5, 
United States Code. 
‘‘(iv) PROCEDURE.—The Secretary of 
Labor shall establish a procedure for any 
person desiring to provide information de-
scribed in clause (iii) that may be used, in 
whole or in part, as the basis for the com-
mencement of an investigation described in 
such clause, to provide such information in 
writing on a form developed and provided 
by the Secretary and completed by or on 
behalf of the person. Such person may not 
be an officer or employee of the Depart-
ment of Labor unless the information sat-
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isfies the requirement under clause (v)(II), 
although an officer or employee of the De-
partment of Labor may complete the form 
on behalf of the person. 
‘‘(v) INFORMATION
SOURCES.—Any 
investigation initiated or approved by the 
Secretary of Labor under this subpara-
graph shall be based on information that— 
‘‘(I) satisfies the requirements 
under clause (iii); and 
‘‘(II)(aa) 
originates 
from 
a 
source other than an officer or em-
ployee of the Department of Labor; or 
‘‘(bb) was lawfully obtained by 
the Secretary of Labor in the course 
of lawfully conducting another De-
partment of Labor investigation. 
‘‘(vi) CLARIFICATION.—The receipt of 
information by the Secretary of Labor that 
was submitted by a petitioner employer to 
the Secretary of Homeland Security or the 
Secretary of Labor for purposes of secur-
ing the employment of a nonimmigrant de-
scribed in section 101(a)(15)(H)(i)(b) shall 
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not be considered a receipt of information 
under clause (iii). 
‘‘(vii) DEADLINE.—An investigation 
described in clause (iii) (or a hearing de-
scribed in clause (ix) based on such inves-
tigation) may not be conducted with re-
spect to information about a failure to 
meet a condition described in clause (iii) 
unless the Secretary of Labor receives the 
information not later than 1 year after the 
date of the alleged failure. 
‘‘(viii) NOTICE.— 
‘‘(I) IN GENERAL.—Before initi-
ating an investigation of a petitioner 
employer under this subparagraph, 
the Secretary of Labor shall provide 
notice of the intent to conduct such 
an investigation to such employer in 
such a manner, and containing suffi-
cient information, to permit the peti-
tioner employer to respond to the alle-
gations before the investigation is 
commenced. 
‘‘(II) 
EXCEPTION.—The 
Sec-
retary of Labor is not required to 
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comply with subclause (I) if the Sec-
retary determines that such compli-
ance would interfere with an effort by 
the Secretary to secure compliance by 
the petitioner employer with the re-
quirements under this subsection. 
There shall be no judicial review of a 
determination by the Secretary of 
Labor under this clause. 
‘‘(ix) 
TIMING.—An 
investigation 
under this subparagraph may be conducted 
for a period of up to 60 days. Not later 
than 120 days after the Secretary of Labor 
determines, through an investigation under 
this subparagraph, that a reasonable basis 
exists to determine that the petitioner em-
ployer has committed a willful failure to 
meet a condition under subparagraph (A), 
(B), (C), (E), (F), or (G)(i) of paragraph 
(1), has engaged in a pattern or practice 
of failures to meet such a condition, or has 
committed a substantial failure to meet 
such a condition that affects multiple em-
ployees, the Secretary shall provide for no-
tice of such determination to the interested 
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parties and an opportunity for a hearing in 
accordance with section 556 of title 5, 
United States Code. If such a hearing is 
requested, the Secretary of Labor shall 
make a finding concerning the matter not 
later than 120 days after the date of the 
hearing. 
‘‘(F) COMPLIANCE.— 
‘‘(i) GOOD FAITH ATTEMPT.—Except 
as provided in clauses (ii) and (iii), a per-
son or entity is considered to have com-
plied with the requirements under this sub-
section, notwithstanding a technical or pro-
cedural failure to meet such requirements, 
if there was a good faith attempt to com-
ply with the requirements. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply if— 
‘‘(I) the Department of Labor (or 
another enforcement agency) has ex-
plained to the person or entity the 
basis for the failure; 
‘‘(II) the person or entity has 
been provided a period of not less 
than 10 business days after the date 
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of the explanation to correct the fail-
ure; and 
‘‘(III) the person or entity has 
not corrected the failure voluntarily 
within the period described in sub-
clause (II). 
‘‘(iii) PENALTY AVOIDANCE.—A per-
son or entity shall not be assessed fines or 
other penalties for a violation of the pre-
vailing wage requirements under para-
graph (1)(A) if the person or entity estab-
lishes that the manner in which the pre-
vailing wage was calculated was consistent 
with recognized industry standards and 
practices. 
‘‘(iv) EXCEPTIONS.—Clauses (i) and 
(iii) shall not apply to a person or entity 
that has engaged in, or is engaging in, a 
pattern or practice of willful violations of 
this subsection. 
‘‘(4) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to supersede or preempt 
any other enforcement-related authority under this 
title, including section 274B, or under any other 
Act.’’. 
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(b) ADMISSION OF NONIMMIGRANTS.—Section 214 of 
the Immigration and Nationality Act (8 U.S.C. 1184) is 
amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PRESUMPTION
OF STATUS; WRITTEN WAIV-
ER.— 
‘‘(1) IN GENERAL.—Every alien (other than a 
nonimmigrant described in subparagraph (L) or (V) 
of section 101(a)(15) and other than a non-
immigrant described in any provision of subpara-
graph (H) of such section except subclause (b1) of 
such subparagraph) shall be presumed to be an im-
migrant until the alien establishes to the satisfaction 
of the consular officer, at the time of application for 
a visa, and the immigration officers, at the time of 
application for admission, that he or she is entitled 
to a nonimmigrant status under section 101(a)(15). 
‘‘(2) RESTRICTIONS.—An alien who is an offi-
cer or employee of any foreign government or of any 
international organization entitled to enjoy privi-
leges, exemptions, and immunities under the Inter-
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national Organizations Immunities Act (22 U.S.C. 
288 et seq.), and an alien who is the attendant, serv-
ant, employee, or member of the immediate family of 
any such alien shall not be entitled to apply for or 
receive an immigrant visa, or to enter the United 
States as an immigrant unless the alien executes a 
written waiver in the same form and substance as is 
prescribed under section 247(b).’’; and 
(3) in subsection (c)— 
(A) by striking paragraph (2); 
(B) in paragraph (9)— 
(i) in subparagraph (A), by striking 
‘‘(excluding’’ and all that follows through 
‘‘organization) filing before’’ and inserting 
‘‘filing’’; and 
(ii) in subparagraph (B), by striking 
‘‘$1,500’’ and inserting ‘‘$10,000’’; 
(C) by striking paragraph (10); 
(D) in paragraph (11)(A), by striking ‘‘or 
the Secretary of State, as appropriate,’’; and 
(E) in paragraph (12)(C), by striking 
‘‘$500’’ and inserting ‘‘$2,000’’. 
(c) 
EMPLOYMENT
AUTHORIZATION.—Section 
274A(h) of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended by adding at the end the following: 
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‘‘(4) 
EMPLOYMENT
AUTHORIZATION
FOR 
ALIENS NO LONGER ENGAGED IN FULL-TIME STUDY 
IN
THE
UNITED
STATES.—Notwithstanding any 
other provision of law, no alien present in the United 
States 
as 
a 
nonimmigrant 
under 
section 
101(a)(15)(F)(i) may be provided employment au-
thorization in the United States pursuant to the Op-
tional Practical Training Program, or any such suc-
cessor program, without an express Act of Congress 
authorizing such a program.’’. 
(d) CLERICAL AMENDMENT.—Section 212 of the Im-
migration and Nationality Act (8 U.S.C. 1182) is amend-
ed by redesignating subsection (t), as added by section 
1(b)(2)(B) of Public Law 108–449, as subsection (u). 
TITLE II—NEW H–1B VISA 
REQUIREMENTS 
SEC. 201. BAR ON NONDISPARAGEMENT AND NONDISCLO-
SURE AGREEMENTS. 
(a) IN GENERAL.—A petitioner employer may not re-
quire a United States citizen or lawful permanent resident 
employee of such petitioner employer to sign any non-
disparagement or nondisclosure agreement, regardless of 
its characterization or label, that conditions receipt of any 
financial or nonfinancial benefit from the petitioner em-
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ployer upon the nondisclosure of such petitioner employ-
er’s potential misuse of the H–1B visa program. 
(b) PATENT
OR TRADEMARK AFFIRMATIVE DE-
FENSE IN LITIGATION.—Notwithstanding subsection (a), 
a petitioner employer, as a defense in litigation, may af-
firmatively assert that an agreement described in sub-
section (a) was necessary to prevent the disclosure of any 
highly technical information that might be related to a 
pending patent or trademark application. 
SEC. 202. UNITED STATES FEDERAL COURT JURISDICTION 
OVER CIVIL ACTIONS PERTAINING TO MIS-
USE OF THE H–1B VISA PROGRAM. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law— 
(1) each United States district court shall have 
jurisdiction to address civil actions by any person 
claiming misuse of the H–1B visa program; 
(2) each United States court of appeals shall 
have jurisdiction to address appeals of civil actions 
by any person claiming misuse of the H–1B visa 
program for cases originating within a United States 
district court within that circuit; and 
(3) the Supreme Court of the United States 
shall have jurisdiction to address appeals of civil ac-
tions by any person claiming misuse of the H–1B 
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visa program for cases originating from any United 
States court of appeals. 
(b) NO
EXHAUSTION
REQUIREMENT.—Notwith-
standing any other provision of law, a person shall have 
standing to pursue a civil action claiming misuse of the 
H–1B visa program, in accordance with subsection (a), 
regardless of whether such person has exhausted all ad-
ministrative remedies in connection with such claims. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect or change any of the other 
jurisdictional, procedural, or administrative rules under 
title 28, United States Code, other than the specific estab-
lishment of jurisdiction of Federal courts, as provided in 
subsection (a). 
TITLE III—REPEAL OF OTHER 
PROVISIONS 
SEC. 301. REPEAL OF THE DIVERSITY VISA LOTTERY. 
Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended— 
(1) in section 201(a)— 
(A) in paragraph (1), by adding ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (3); 
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(2) in section 203— 
(A) by striking subsection (c); and 
(B) in subsection (e)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2); and 
(3) in section 204(a)(1), by striking subpara-
graph (I). 
Æ 
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