quirements under this subsection, the Sec-
retary may impose a penalty under sub-
paragraph (C).’’; and 
(4) by striking subparagraph (H). 
(c) INFORMATION SHARING BETWEEN DEPARTMENT 
OF LABOR
AND DEPARTMENT
OF HOMELAND SECU-
RITY.—Section 212(n)(2) of such Act, as amended by this 
section, is further amended by inserting after subpara-
graph (G) the following: 
‘‘(H) The Director of United States Citi-
zenship and Immigration Services shall provide 
the Secretary of Labor with any information 
contained in the materials submitted by H–1B 
employers as part of the adjudication process 
that indicates that the employer is not com-
plying with H–1B visa program requirements. 
The Secretary may initiate and conduct an in-
vestigation and hearing under this paragraph 
after receiving information of noncompliance 
under this subparagraph.’’. 
(d) AUDITS.—Section 212(n)(2)(A) of such Act, as 
amended by this section, is further amended by adding 
at the end the following: ‘‘The Secretary may conduct sur-
veys of the degree to which employers comply with the re-
quirements under this subsection and may conduct annual 
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compliance audits of employers that employ H–1B non-
immigrants. The Secretary shall conduct annual compli-
ance audits of not less than 1 percent of the employers 
that employ H–1B nonimmigrants during the applicable 
calendar year.’’ 
(e) PENALTIES.—Section 212(n)(2)(C) of such Act, 
as amended by this section, is further amended— 
(1) in clause (i)(I), by striking ‘‘$1,000’’ and 
inserting ‘‘$2,000’’; 
(2) in clause (ii)(I), by striking ‘‘$5,000’’ and 
inserting ‘‘$10,000’’; and 
(3) in clause (vi)(III), by striking ‘‘$1,000’’ and 
inserting ‘‘$2,000’’. 
(f) INFORMATION
PROVIDED
TO
H–1B NON-
IMMIGRANTS UPON VISA ISSUANCE.—Section 212(n) of 
such Act, as amended by this section, is further amended 
by inserting after paragraph (2) the following: 
‘‘(3)(A) Upon issuing an H–1B visa to an ap-
plicant outside the United States, the issuing office 
shall provide the applicant with— 
‘‘(i) a brochure outlining the employer’s 
obligations and the employee’s rights under 
Federal law, including labor and wage protec-
tions; and 
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‘‘(ii) the contact information for Federal 
agencies that can offer more information or as-
sistance in clarifying employer obligations and 
workers’ rights. 
‘‘(B) Upon the issuance of an H–1B visa to an 
alien inside the United States, the officer of the De-
partment of Homeland Security shall provide the ap-
plicant with— 
‘‘(i) a brochure outlining the employer’s 
obligations and the employee’s rights under 
Federal law, including labor and wage protec-
tions; and 
‘‘(ii) the contact information for Federal 
agencies that can offer more information or as-
sistance in clarifying employer’s obligations and 
workers’ rights.’’. 
SEC. 6. WHISTLEBLOWER PROTECTIONS. 
Section 212(n)(2)(C)(iv) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended— 
(1) by inserting ‘‘take, fail to take, or threaten 
to take or fail to take, a personnel action, or’’ before 
‘‘to intimidate’’; and 
(2) by adding at the end the following: ‘‘An em-
ployer that violates this clause shall be liable to the 
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employees harmed by such violation for lost com-
pensation, including back pay.’’. 
Æ 
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