I 
116TH CONGRESS 
2D SESSION 
H. R. 6993 
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 22, 2020 
Mr. PASCRELL introduced the following bill; which was referred to the Com-
mittee on the Judiciary, 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 juris-
diction of the committee 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘H–1B and L–1 Visa Reform Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
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. 
Sec. 104. H–1B visa allocation. 
Sec. 105. H–1B workers employed by institutions of higher education. 
Sec. 106. Specialty occupation to require an actual degree. 
Sec. 107. Labor condition application fee. 
Sec. 108. H–1B subpoena authority for the Department of Labor. 
Sec. 109. Limitation on extension of H–1B petition. 
Sec. 110. Elimination of B–1 in lieu of H–1. 
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. Transparency and report on wage system. 
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 replacement of United States workers and restricting 
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 nonimmigrants. 
Sec. 206. Penalties. 
Sec. 207. Prohibition on retaliation against L–1 nonimmigrants. 
Sec. 208. Adjudication by Department of Homeland Security of petitions under 
blanket petition. 
Sec. 209. Reports on employment-based nonimmigrants. 
Sec. 210. Specialized knowledge. 
Sec. 211. Technical amendments. 
Sec. 212. Application. 
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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.—Sec-
tion 212(n)(1)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1182(n)(1)(A)) 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 wage for all workers 
in the occupational classification in the 
area of employment; and 
‘‘(III) the median wage for skill level 
2 in the occupational classification found 
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in the most recent Occupational Employ-
ment Statistics survey; and 
‘‘(ii) will provide working conditions for 
such H–1B nonimmigrant that will not ad-
versely affect the working conditions of United 
States workers similarly employed by the em-
ployer or by an employer with which such H– 
1B nonimmigrant is placed pursuant to a waiv-
er under paragraph (2)(E).’’. 
(b) INTERNET
POSTING
REQUIREMENT.—Section 
212(n)(1)(C) of such Act is amended— 
(1) by redesignating clause (ii) as subclause 
(II); 
(2) by striking ‘‘(i) has provided’’ and inserting 
the following: 
‘‘(ii)(I) has provided’’; and 
(3) by inserting before clause (ii), as redesig-
nated by paragraph (2), the following: 
‘‘(i) has posted on the Internet website de-
scribed in paragraph (3), for at least 30 cal-
endar days, a detailed description of each posi-
tion for which a nonimmigrant is sought that 
includes a description of— 
‘‘(I) the wages and other terms and 
conditions of employment; 
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‘‘(II) the minimum education, train-
ing, experience, and other requirements for 
the position; and 
‘‘(III) the process for applying for the 
position; and’’. 
(c) WAGE DETERMINATION INFORMATION.—Section 
212(n)(1)(D) of such Act is amended by inserting ‘‘the 
wage determination methodology used under subpara-
graph (A)(i),’’ after ‘‘shall contain’’. 
(d) APPLICATION OF REQUIREMENTS TO ALL EM-
PLOYERS.— 
(1) NONDISPLACEMENT.—Section 212(n)(1)(E) 
of such Act is amended to read as follows: 
‘‘(E)(i) The employer— 
‘‘(I) will not at any time replace a United 
States worker with 1 or more H–1B non-
immigrants; and 
‘‘(II) did not displace and will not displace 
a United States worker employed by the em-
ployer within the period beginning 180 days be-
fore and ending 180 days after the date of the 
placement of the nonimmigrant with the em-
ployer. 
‘‘(ii) The 180-day period referred to in clause 
(i) may not include any period of on-site or virtual 
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training of H–1B nonimmigrants by employees of 
the employer.’’. 
(2) RECRUITMENT.—Section 212(n)(1)(G)(i) of 
such Act is amended by striking ‘‘In the case of an 
application described in subparagraph (E)(ii), sub-
ject’’ and inserting ‘‘Subject’’. 
(e) WAIVER REQUIREMENT.—Section 212(n)(1)(F) 
of such Act is amended to read as follows: 
‘‘(F) The employer will not place, outsource, 
lease, or otherwise contract for the services or place-
ment of H–1B nonimmigrants with another em-
ployer, regardless of the physical location where such 
services will be performed, unless the employer of 
the alien has been granted a waiver under paragraph 
(2)(E).’’. 
SEC. 102. NEW APPLICATION REQUIREMENTS. 
Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)), as amended by section 101, 
is further amended by inserting after subparagraph (G)(ii) 
the following: 
‘‘(H)(i) The employer, or a person or entity act-
ing on the employer’s behalf, has not advertised any 
available position specified in the application in an 
advertisement that states or indicates that— 
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‘‘(I) such position is only available to an 
individual who is or will be an H–1B non-
immigrant; or 
‘‘(II) an individual who is or will be an H– 
1B nonimmigrant shall receive priority or a 
preference in the hiring process for such posi-
tion. 
‘‘(ii) The employer has not primarily recruited 
individuals who are or who will be H–1B non-
immigrants to fill such position. 
‘‘(I) If the employer employs 50 or more 
employees in the United States— 
‘‘(i) the sum of the number of such employees 
who are H–1B nonimmigrants plus the number of 
such employees who are nonimmigrants described in 
section 101(a)(15)(L) does not exceed 50 percent of 
the total number of employees; and 
‘‘(ii) the employer’s corporate organization has 
not been restructured to evade the limitation under 
clause (i). 
‘‘(J) If the employer, in such previous period as 
the Secretary shall specify, employed 1 or more H– 
1B nonimmigrants, the employer will submit to the 
Secretary the Internal Revenue Service Form W–2 
Wage and Tax Statements filed by the employer 
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with respect to the H–1B nonimmigrants for such 
period.’’. 
SEC. 103. APPLICATION REVIEW REQUIREMENTS. 
(a) TECHNICAL AMENDMENT.—Section 212(n)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(1)), as amended by sections 101 and 102, is fur-
ther amended, in the undesignated paragraph at the end, 
by striking ‘‘The employer’’ and inserting the following: 
‘‘(K) The employer.’’. 
(b) APPLICATION REVIEW REQUIREMENTS.—Section 
212(n)(1)(K), as designated by subsection (a), is amend-
ed— 
(1) in the fourth sentence, by inserting ‘‘and 
through the Department of Labor’s website, without 
charge.’’ after ‘‘D.C.’’; 
(2) in the fifth sentence, by striking ‘‘only for 
completeness’’ and inserting ‘‘for completeness, indi-
cators of fraud or misrepresentation of material 
fact,’’; 
(3) in the sixth sentence— 
(A) by striking ‘‘or obviously inaccurate’’ 
and inserting ‘‘, presents indicators of fraud or 
misrepresentation of material fact, or is obvi-
ously inaccurate’’; and 
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(B) by striking ‘‘within 7 days of’’ and in-
serting ‘‘not later than 14 days after’’; and 
(4) by adding at the end the following: ‘‘If the 
Secretary of Labor’s review of an application identi-
fies indicators of fraud or misrepresentation of ma-
terial fact, the Secretary may conduct an investiga-
tion and hearing in accordance with paragraph 
(2).’’. 
SEC. 104. H–1B VISA ALLOCATION. 
Section 214(g)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(3)), is amended— 
(1) by striking the first sentence and inserting 
the following: 
‘‘(A) Subject to subparagraph (B), aliens who 
are subject to the numerical limitations under para-
graph (1)(A) shall be issued visas, or otherwise pro-
vided nonimmigrant status, in a manner and order 
established by the Secretary by regulation.’’; and 
(2) by adding at the end the following: 
‘‘(B) The Secretary shall consider petitions for 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(i)(b) in the following order: 
‘‘(i) Petitions for nonimmigrants described 
in section 101(a)(15)(F) who, while physically 
present in the United States, have earned an 
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advanced degree in a field of science, tech-
nology, engineering, or mathematics from a 
United States institution of higher education 
(as defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a))) 
that has been accredited by an accrediting enti-
ty that is recognized by the Department of 
Education. 
‘‘(ii) Petitions certifying that the employer 
will be paying the nonimmigrant the median 
wage for skill level 4 in the occupational classi-
fication found in the most recent Occupational 
Employment Statistics survey. 
‘‘(iii) Petitions for nonimmigrants de-
scribed in section 101(a)(15)(F) who are grad-
uates of any other advanced degree program, 
undertaken while physically present in the 
United States, from an institution of higher 
education described in clause (i). 
‘‘(iv) Petitions certifying that the employer 
will be paying the nonimmigrant the median 
wage for skill level 3 in the occupational classi-
fication found in the most recent Occupational 
Employment Statistics survey. 
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‘‘(v) Petitions for nonimmigrants described 
in section 101(a)(15)(F) who are graduates of 
a bachelor’s degree program, undertaken while 
physically present in the United States, in a 
field of science, technology, engineering, or 
mathematics from an institution of higher edu-
cation described in clause (i). 
‘‘(vi) Petitions for nonimmigrants de-
scribed in section 101(a)(15)(F) who are grad-
uates of bachelor’s degree programs, under-
taken while physically present in the United 
States, in any other fields from an institution 
of higher education described in clause (i). 
‘‘(vii) Petitions for aliens who will be work-
ing in occupations listed in Group I of the De-
partment of Labor’s Schedule A of occupations 
in which the Secretary of Labor has determined 
there are not sufficient United States workers 
who are able, willing, qualified, and available. 
‘‘(viii) Petitions filed by employers meeting 
the following criteria of good corporate citizen-
ship and compliance with the immigration laws: 
‘‘(I) The employer is in possession 
of— 
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‘‘(aa) a valid E-Verify company 
identification number; or 
‘‘(bb) if the enterprise is using a 
designated agent to perform E-Verify 
queries, a valid E-Verify client com-
pany identification number and docu-
mentation from U.S. Citizenship and 
Immigration Services that the com-
mercial enterprise is a participant in 
good standing in the E-Verify pro-
gram. 
‘‘(II) The employer is not under inves-
tigation by any Federal agency for viola-
tion of the immigration laws or labor laws. 
‘‘(III) A Federal agency has not de-
termined, during the immediately pre-
ceding 5 years, that the employer violated 
the immigration laws or labor laws. 
‘‘(IV) During each of the preceding 3 
fiscal years, at least 90 percent of the peti-
tions filed by the employer under section 
101(a)(15)(H)(i)(b) were approved. 
‘‘(V) The employer has filed, pursuant 
to section 204(a)(1)(F), employment-based 
immigrant petitions, including an approved 
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labor certification application under section 
212(a)(5)(A), for at least 90 percent of 
employees 
imported 
under 
section 
101(a)(15)(H)(i)(b) during the preceding 3 
fiscal years. 
‘‘(ix) Any remaining petitions. 
‘‘(C) In this paragraph the term ‘field of 
science, technology, engineering, or mathematics’ 
means a field included in the Department of Edu-
cation’s Classification of Instructional Programs tax-
onomy within the summary groups of computer and 
information sciences and support services, engineer-
ing, biological and biomedical sciences, mathematics 
and statistics, and physical sciences.’’. 
SEC. 105. H–1B WORKERS EMPLOYED BY INSTITUTIONS OF 
HIGHER EDUCATION. 
Section 214(g)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(5)) is amended by striking ‘‘is em-
ployed (or has received an offer of employment) at’’ each 
place such phrase appears and inserting ‘‘is employed by 
(or has received an offer of employment from)’’. 
SEC. 106. SPECIALTY OCCUPATION TO REQUIRE AN AC-
TUAL DEGREE. 
Section 214(i) of the Immigration and Nationality 
Act (8 U.S.C. 1184(i)) is amended— 
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(1) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) attainment of a bachelor’s or higher de-
gree in the specific specialty directly related to the 
occupation as a minimum for entry into the occupa-
tion in the United States.’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) For purposes of section 101(a)(15)(H)(i)(b), the 
requirements under this paragraph, with respect to a spe-
cialty occupation, are— 
‘‘(A) full State licensure to practice in the occu-
pation, if such licensure is required to practice in the 
occupation; or 
‘‘(B) if a license is not required to practice in 
the occupation— 
‘‘(i) completion of a United States degree 
described in paragraph (1)(B) for the occupa-
tion; or 
‘‘(ii) completion of a foreign degree that is 
equivalent to a United States degree described 
in paragraph (1)(B) for the occupation.’’. 
SEC. 107. LABOR CONDITION APPLICATION FEE. 
Section 212(n) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)), as amended by sections 101 
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through 103, is further amended by adding at the end the 
following: 
‘‘(6)(A) The Secretary of Labor shall promulgate a 
regulation that requires applicants under this subsection 
to pay a reasonable application processing fee. 
‘‘(B) All of the fees collected under this paragraph 
shall be deposited as offsetting receipts within the general 
fund of the Treasury in a separate account, which shall 
be known as the ‘H–1B Administration, Oversight, Inves-
tigation, and Enforcement Account’ and shall remain 
available until expended. The Secretary of the Treasury 
shall refund amounts in such account to the Secretary of 
Labor for salaries and related expenses associated with the 
administration, oversight, investigation, and enforcement 
of the H–1B nonimmigrant visa program.’’. 
SEC. 108. H–1B SUBPOENA AUTHORITY FOR THE DEPART-
MENT OF LABOR. 
Section 212(n)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(2)) is amended— 
(1) by redesignating subparagraph (I) as sub-
paragraph (J); and 
(2) by inserting after subparagraph (H) the fol-
lowing: 
‘‘(I) The Secretary of Labor is authorized to take 
such actions, including issuing subpoenas and seeking ap-
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propriate injunctive relief and specific performance of con-
tractual obligations, as may be necessary to ensure em-
ployer compliance with the terms and conditions under 
this subsection. The rights and remedies provided to H– 
1B nonimmigrants under this subsection are in addition 
to any other contractual or statutory rights and remedies 
of such nonimmigrants and are not intended to alter or 
affect such rights and remedies.’’. 
SEC. 109. LIMITATION ON EXTENSION OF H–1B PETITION. 
Section 214(g)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)(4)) is amended to read as follows: 
‘‘(4)(A) Except as provided in subparagraph (B), the 
period of authorized admission as a nonimmigrant de-
scribed in section 101(a)(15)(H)(i)(b) may not exceed 3 
years. 
‘‘(B) The period of authorized admission as a non-
immigrant described in subparagraph (A) who is the bene-
ficiary of an approved employment-based immigrant peti-
tion under section 204(a)(1)(F) may be authorized for a 
period of up to 3 additional years if the total period of 
stay does not exceed six years, except for an extension 
under section 104(c) or 106(b) of the American Competi-
tiveness in the Twenty-first Century Act of 2000 (8 
U.S.C. 1184 note).’’. 
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SEC. 110. ELIMINATION OF B–1 IN LIEU OF H–1. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended by adding at the end 
the following: 
‘‘(12) Unless otherwise authorized by law, an alien 
normally classifiable under section 101(a)(15)(H)(i) who 
seeks admission to the United States to provide services 
in a specialty occupation described in paragraph (1) or 
(3) of subsection (i) may not be issued a visa or admitted 
under section 101(a)(15)(B) for such purpose. Nothing in 
this paragraph may be construed to authorize the admis-
sion of an alien under section 101(a)(15)(B) who is com-
ing to the United States for the purpose of performing 
skilled or unskilled labor if such admission is not otherwise 
authorized by law.’’. 
Subtitle B—Investigation and Dis-
position of Complaints Against 
H–1B Employers 
SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR 
INVESTIGATION AND DISPOSITION. 
Section 212(n)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(2)(A)) is amended— 
(1) by striking ‘‘(A) Subject’’ and inserting the 
following: 
‘‘(A)(i) Subject’’; 
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(2) by striking ‘‘12 months’’ and inserting ‘‘two 
years’’; 
(3) by striking the last sentence; and 
(4) by adding at the end the following: 
‘‘(ii)(I) Upon the receipt of a complaint under clause 
(i), the Secretary may initiate an investigation to deter-
mine if such failure or misrepresentation has occurred. 
‘‘(II) In conducting an investigation under subclause 
(I), the Secretary may— 
‘‘(aa) conduct surveys of the degree to which 
employers comply with the requirements under this 
subsection; and 
‘‘(bb) conduct compliance audits of employers 
that employ H–1B nonimmigrants. 
‘‘(III) The Secretary shall— 
‘‘(aa) conduct annual compliance audits of not 
fewer than 1 percent of the employers that employ 
H–1B nonimmigrants during the applicable calendar 
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 H–1B nonimmigrants; and 
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‘‘(cc) make available to the public an executive 
summary or report describing the general findings of 
the audits carried out pursuant to this subclause. 
‘‘(iii) The process for receiving complaints under 
clause (i) shall include a hotline that is accessible 24 hours 
a day, by telephonic and electronic means.’’. 
SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES. 
Section 212(n)(2)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(2)(C)) is amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘a condition of paragraph (1)(B), 
(1)(E), or (1)(F), a substantial failure to meet 
a condition of paragraph (1)(C), (1)(D), or 
(1)(G)(i)(I)’’ and inserting ‘‘a condition under 
subparagraph (A), (B), (C), (D), (E), (F), 
(G)(i), (H), (I), or (J) of paragraph (1)’’; 
(B) in subclause (I)— 
(i) by striking ‘‘$1,000’’ and inserting 
‘‘$5,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
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‘‘(III) an employer that violates paragraph 
(1)(A) shall be liable to the employees harmed by 
such violation for lost wages and benefits.’’; 
(2) in clause (ii)— 
(A) in subclause (I)— 
(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(ii) by striking ‘‘$5,000’’ and insert-
ing ‘‘$25,000’’; 
(B) in subclause (II), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(III) an employer that violates paragraph 
(1)(A) shall be liable to the employees harmed by 
such violation for lost wages and benefits.’’; 
(3) in clause (iii)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘displaced a United States worker 
employed by the employer within the period be-
ginning 90 days before and ending 90 days 
after the date of filing of any visa petition sup-
ported by the application’’ and inserting ‘‘dis-
placed or replaced a United States worker in 
violation of subparagraph (E)’’; 
(B) in subclause (I)— 
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(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(ii) by striking ‘‘$35,000’’ and insert-
ing ‘‘$150,000’’; and 
(iii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(III) an employer that violates paragraph 
(1)(A) shall be liable to the employees harmed by 
such violation for lost wages and benefits.’’; 
(4) by striking clause (iv) and inserting the fol-
lowing: 
‘‘(iv)(I) An employer that has filed an application 
under this subsection violates this clause 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 employee— 
‘‘(aa) disclosed information that the employee 
reasonably believes evidences a violation of this sub-
section or any rule or regulation pertaining to this 
subsection; or 
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‘‘(bb) cooperated or sought 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— 
‘‘(aa) a current employee; 
‘‘(bb) a former employee; and 
‘‘(cc) an applicant for employment. 
‘‘(III) An employer that violates this clause shall be 
liable to the employee harmed by such violation for lost 
wages and benefits.’’; and 
(5) in clause (vi)— 
(A) by amending subclause (I) to read as 
follows: 
‘‘(I) It is a violation of this clause for an employer 
that has filed an application under this subsection— 
‘‘(aa) to require an H–1B nonimmigrant to pay 
a penalty or liquidated damages for ceasing employ-
ment with the employer before a date agreed to by 
the nonimmigrant and the employer; or 
‘‘(bb) to fail to offer to an H–1B non-
immigrant, during the nonimmigrant’s period of au-
thorized employment, on the same basis, and in ac-
cordance with the same criteria, as the employer of-
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fers 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 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 1 or more H–1B non-
immigrants; and 
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‘‘(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 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 seven 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-
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tion and Nationality Act, as amended by subsection 
(a). 
(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 promulgated. 
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 
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Secretary of Labor receives the information not later 
than 12 months’’ and inserting ‘‘comply with the re-
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 under this subpara-
graph. 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), 
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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-
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 
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an investigation and hearing under this paragraph after 
receiving information of noncompliance under this sub-
paragraph.’’. 
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)(3)) 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 
2020, 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). 
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‘‘(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-
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 amendment made by sub-
section (a) shall apply to any 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 
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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 
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 
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(3) makes recommendations concerning nec-
essary updates and modifications. 
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 
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petition submitted for the nonimmigrant under 
subsection (c)(2)(A), as appropriate. 
‘‘(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. 
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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 
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— 
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‘‘(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 
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 1 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 
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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 
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 seven days after the date 
on which the Secretary receives the application for the 
waiver.’’. 
(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 1 or more such nonimmigrants; and 
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‘‘(II) may not displace a United States worker 
(as defined in section 212(n)(4)(E)) employed by the 
employer during 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 clause (i)(II) 
may not include any period of on-site or virtual 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 to 
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 2 
or more petitions under this subparagraph during 
the immediately preceding 2 years; and 
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‘‘(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 
‘‘(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; 
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‘‘(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, 
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. 
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‘‘(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-
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.’’. 
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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 
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 
under 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-
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tion in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person. 
‘‘(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-
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termination and an opportunity for a hearing in accord-
ance with section 556 of title 5, United States Code, not 
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 section 
101(a)(15)(L); and 
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‘‘(cc) make available to the public an executive 
summary or report describing the general findings of 
the audits carried out pursuant to this subclause. 
‘‘(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 
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information available at the time the application is 
filed, which are not less than the highest of— 
‘‘(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 1 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. 
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‘‘(iii) It is a failure to meet a condition under this 
subparagraph for an employer who has filed a petition to 
import 1 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 
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intracompany transfers, shall promulgate rules to imple-
ment the requirements under section 214(c)(2)(K) of the 
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 1 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 1 or more aliens as such nonimmigrants; 
and 
‘‘(III) in the case of a violation of subparagraph 
(K) or (M), the employer shall be liable to the em-
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ployees harmed by such violation for lost wages and 
benefits. 
‘‘(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 1 or more aliens as nonimmigrants de-
scribed 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 1 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 
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aliens who were issued visas or provided 
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 (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 
L–1 nonimmigrants; 
‘‘(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 (8 
U.S.C. 1184(c)(2)(F)(ii)); 
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‘‘(D) the number of L–1 nonimmigrants 
categorized by their highest level of education 
and whether such education was obtained in the 
United States or in a foreign country; 
‘‘(E) the number of applications that have 
been filed for each subcategory of non-
immigrant 
described 
under 
section 
101(a)(15)(L) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(L)), based on 
an approved blanket petition under section 
214(c)(2)(A) of such Act; and 
‘‘(F) the number of applications that have 
been approved for each subcategory of non-
immigrant 
described 
under 
such 
section 
101(a)(15)(L), based on an approved blanket 
petition under such section 214(c)(2)(A). 
‘‘(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 
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