527 
‘‘(i) is offering and will offer to H–1B non-
immigrants, during the period of authorized 
employment for each H–1B nonimmigrant, 
wages that are determined based on the best in-
formation available at the time the application 
is filed and which are not less than the highest 
of— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment; 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment; and 
‘‘(III) the median wage for skill level 
2 in the occupational classification found 
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 other 
workers similarly employed.’’. 
(b) INTERNET POSTING REQUIREMENT.—Subpara-
graph (C) of such section 212(n)(1) is amended— 
(1) by redesignating clause (ii) as subclause 
(II); 
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(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) of this subsection, the fol-
lowing: 
‘‘(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; 
‘‘(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.—Sub-
paragraph (D) of such section 212(n)(1) is amended by 
inserting ‘‘the wage determination methodology used 
under subparagraph (A)(i),’’ after ‘‘shall contain’’. 
(d) APPLICATION OF REQUIREMENTS TO ALL EM-
PLOYERS.— 
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(1) NONDISPLACEMENT.—Subparagraph (E) of 
such section 212(n)(1) is amended— 
(A) in clause (i)— 
(i) by striking ‘‘90 days’’ both places 
it appears and inserting ‘‘180 days’’; and 
(ii) by striking ‘‘(i) In the case of an 
application described in clause (ii), the’’ 
and inserting ‘‘The’’; and 
(B) by striking clause (ii). 
(2) RECRUITMENT.—Subparagraph (G)(i) of 
such section 212(n)(1) is amended by striking ‘‘In 
the case of an application described in subparagraph 
(E)(ii), subject’’ and inserting ‘‘Subject’’. 
(e) REQUIREMENT FOR WAIVER.—Subparagraph (F) 
of such section 212(n)(1) is amended to read as follows: 
‘‘(F) The employer shall not place, outsource, 
lease, or otherwise contract for the services or place-
ment of H–1B nonimmigrants with another em-
ployer unless the employer of the alien has been 
granted a waiver under paragraph (2)(E).’’. 
SEC. 532. NEW APPLICATION REQUIREMENTS. 
Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
clause (ii) of subparagraph (G) the following: 
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‘‘(H)(i) The employer has not advertised any 
available position specified in the application in an 
advertisement that states or indicates that— 
‘‘(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 solely recruited indi-
viduals who are or who will be H–1B nonimmigrants 
to fill such position. 
‘‘(I) If the employer employs 50 or more em-
ployees in the United States, the sum of the number 
of such employees who are H–1B nonimmigrants 
plus the number of such employees who are non-
immigrants described in section 101(a)(15)(L) may 
not exceed 50 percent of the total number of em-
ployees. 
‘‘(J) If the employer, in such previous period as 
the Secretary shall specify, employed 1 or more H– 
1B nonimmigrants, the employer shall submit to the 
Secretary the Internal Revenue Service Form W–2 
Wage and Tax Statement filed by the employer with 
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531 
respect to the H–1B nonimmigrants for such pe-
riod.’’. 
SEC. 533. 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 section 102, is further 
amended in the undesignated paragraph at the end, by 
striking ‘‘The employer’’ and inserting the following: 
‘‘(K) The employer.’’. 
(b) APPLICATION REVIEW REQUIREMENTS.—Sub-
paragraph (K) of such section 212(n)(1), as designated 
by subsection (a), is amended— 
(1) by inserting ‘‘and through the Department 
of Labor’s website, without charge.’’ after ‘‘D.C.’’; 
(2) by striking ‘‘only for completeness’’ and in-
serting ‘‘for completeness and clear indicators of 
fraud or misrepresentation of material fact,’’; 
(3) by striking ‘‘or obviously inaccurate’’ and 
inserting ‘‘, presents clear indicators of fraud or 
misrepresentation of material fact, or is obviously in-
accurate’’; 
(4) by striking ‘‘within 7 days of’’ and inserting 
‘‘not later than 14 days after’’; and 
(5) by adding at the end the following: ‘‘If the 
Secretary’s review of an application identifies clear 
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532 
indicators of fraud or misrepresentation of material 
fact, the Secretary may conduct an investigation and 
hearing in accordance with paragraph (2).’’. 
Subchapter B—Investigation and Disposition 
of Complaints Against H–1B 
SEC. 541. GENERAL MODIFICATION OF PROCEDURES FOR 
INVESTIGATION AND DISPOSITION. 
Subparagraph (A) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
(1) by striking ‘‘(A) Subject’’ and inserting 
‘‘(A)(i) Subject’’; 
(2) by striking ‘‘12 months’’ and inserting ‘‘24 
months’’; 
(3) by striking the last sentence; and 
(4) by adding at the end the following: 
‘‘(ii)(I) Upon the receipt of such a com-
plaint, the Secretary may initiate an investiga-
tion to determine if such a failure or misrepre-
sentation has occurred. 
‘‘(II) The Secretary may conduct surveys 
of the degree to which employers comply with 
the requirements of this subsection and may 
conduct annual compliance audits of employers 
that employ H–1B nonimmigrants. 
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533 
‘‘(III) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of not less than 1 percent of the em-
ployers that employ H–1B nonimmigrants 
during the applicable calendar year; 
‘‘(bb) conduct annual compliance au-
dits 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 
‘‘(cc) make available to the public an 
executive summary or report describing the 
general findings of the audits carried out 
pursuant to this subclause.’’. 
SEC. 542. INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES. 
Subparagraph (C) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause 
(I)— 
(i) by striking ‘‘a condition of para-
graph (1)(B), (1)(E), or (1)(F)’’ and in-
serting ‘‘a condition under subparagraph 
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534 
(A), (B), (C)(i), (E), (F), (G)(i)(I), (H), 
(I), or (J) of paragraph (1)’’; and 
(ii) by striking ‘‘(1)(C)’’ and inserting 
‘‘(1)(C)(ii)’’; and 
(B) in subclause (I)— 
(i) by striking ‘‘$1,000’’ and inserting 
‘‘$2,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; 
(D) by adding at the end the following: 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to the employees harmed by 
such violations for lost wages and benefits.’’; and 
(2) in clause (ii)— 
(A) in subclause (I)— 
(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(ii) by striking ‘‘$5,000’’ and insert-
ing ‘‘$10,000’’; and 
(B) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; 
(C) by adding at the end the following: 
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535 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to the employees harmed by 
such violations for lost wages and benefits.’’; and 
(3) in clause (iii)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘90 days’’ both places it appears 
and inserting ‘‘180 days’’; 
(B) in subclause (I)— 
(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; and 
(D) by adding at the end the following: 
‘‘(III) an employer that violates subparagraph 
(A) of such paragraph shall be liable to the employ-
ees harmed by such violations for lost wages and 
benefits.’’; 
(4) in clause (iv)— 
(A) by inserting ‘‘to take, fail to take, or 
threaten to take or fail to take, a personnel ac-
tion, or’’ before ‘‘to intimidate’’; 
(B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 
(C) by adding at the end the following: 
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536 
‘‘(II) An employer that violates this clause shall 
be liable to the employees 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 em-
ployer who has filed an application under this sub-
section— 
‘‘(aa) to require an H–1B nonimmigrant to 
pay a penalty for ceasing employment with the 
employer prior to a date agreed to by the non-
immigrant and the employer (the Secretary 
shall determine whether a required payment is 
a penalty, and not liquidated damages, pursu-
ant to relevant State law); and 
‘‘(bb) to fail to offer to an H–1B non-
immigrant, during the nonimmigrant’s period of 
authorized employment, on the same basis, and 
in accordance with the same criteria, as the em-
ployer offers to United States workers, benefits 
and eligibility for benefits, including— 
‘‘(AA) the opportunity to participate 
in health, life, disability, and other insur-
ance plans; 
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537 
‘‘(BB) the opportunity to participate 
in retirement 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 ‘‘$2,000’’. 
SEC. 543. WAIVER REQUIREMENTS. 
(a) IN GENERAL.—Subparagraph (E) of section 
212(n)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)) is amended to read as follows: 
‘‘(E)(i) The Secretary of Labor may waive the prohi-
bition in paragraph (1)(F) if the Secretary determines 
that the employer seeking the waiver has established 
that— 
‘‘(I) the employer with whom the H–1B non-
immigrant would be placed has not displaced, and 
does not intend to displace, a United States worker 
employed by the employer within the period begin-
ning 180 days before and ending 180 days after the 
date of the placement of the nonimmigrant with the 
employer; 
‘‘(II) the H–1B nonimmigrant will not be con-
trolled and supervised principally by the employer 
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538 
with whom the H–1B nonimmigrant would be 
placed; 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 whom 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 
Secretary receives the application for such waiver.’’. 
(b) REQUIREMENT FOR RULES.— 
(1) RULES
FOR
WAIVERS.—The Secretary of 
Labor shall promulgate rules, after notice and a pe-
riod for comment, for an employer to apply for a 
waiver under subparagraph (E) of section 212(n)(2) 
of such 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 other appro-
priate media a notice of the date that rules required 
by paragraph (1) are published. 
SEC. 544. INITIATION OF INVESTIGATIONS. 
Subparagraph (G) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
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539 
(1) in clause (i), by striking ‘‘if the Secretary’’ 
and all that follows and inserting ‘‘with regard to 
the employer’s compliance with the requirements of 
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 of Labor may 
conduct an investigation into the employer’s compli-
ance with the requirements of 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 so redesignated, by strik-
ing ‘‘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 requirements under this subsection, unless the 
Secretary of Labor receives the information not later 
than 24 months’’; 
(7) by amending clause (v), as so redesignated, 
to read as follows: 
‘‘(v) The Secretary of Labor shall provide no-
tice to an employer of the intent to conduct an in-
vestigation. The notice shall be provided in such a 
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540 
manner, and shall contain sufficient detail, to permit 
the employer to respond to the allegations before an 
investigation is commenced. The Secretary is not re-
quired to comply with this clause if the Secretary de-
termines that such compliance would interfere with 
an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements of 
this subsection. A determination by the Secretary 
under this clause shall not be subject to judicial re-
view.’’; 
(8) in clause (vi), as so redesignated, by strik-
ing ‘‘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 com-
ply with the requirements under this subsection, the 
Secretary shall provide interested parties with notice 
of such determination and an opportunity for a 
hearing in accordance with section 556 of title 5, 
United States Code, not later than 120 days after 
the date of such determination.’’; and 
(9) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after a hear-
ing, finds a reasonable basis to believe that the em-
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541 
ployer has violated the requirements under this sub-
section, the Secretary shall impose a penalty under 
subparagraph (C).’’. 
SEC. 545. INFORMATION SHARING. 
Subparagraph (H) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended to read as follows: 
‘‘(H) The Director of United States Citizenship and 
Immigration Services shall provide the Secretary of Labor 
with any information contained in the materials submitted 
by employers of H–1B nonimmigrants as part of the adju-
dication process that indicates that the employer is not 
complying with visa program requirements for H–1B non-
immigrants. The Secretary may initiate and conduct an 
investigation and hearing under this paragraph after re-
ceiving information of noncompliance under this subpara-
graph.’’. 
SEC. 546. CONFORMING AMENDMENT. 
Subparagraph (F) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182) is amended 
by striking ‘‘The preceding sentence shall apply to an em-
ployer regardless of whether or not the employer is an H– 
1B-dependent employer.’’. 
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542 
Subchapter C—Other H–1B Provisions 
SEC. 551. POSTING AVAILABLE H–1B POSITIONS THROUGH 
THE DEPARTMENT OF LABOR. 
(a) DEPARTMENT OF LABOR WEBSITE.—Paragraph 
(3) of section 212(n) 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 2009, the Secretary of Labor shall establish 
a searchable Internet website for posting positions 
as required by paragraph (1)(C). Such website shall 
be available to the public without charge. 
‘‘(B) The Secretary may work with private com-
panies or nonprofit organizations to develop and op-
erate the Internet website described in subparagraph 
(A). 
‘‘(C) The Secretary may promulgate rules, after 
notice and a period for comment, to carry out the 
requirements of this paragraph.’’. 
(b) REQUIREMENT
FOR PUBLICATION.—The Sec-
retary of Labor shall submit to Congress and publish in 
the Federal Register and other appropriate media a notice 
of the date that the Internet website required by para-
graph (3) of section 212(n) of such Act, as amended by 
subsection (a), will be operational. 
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543 
(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. 552. H–1B GOVERNMENT AUTHORITY AND REQUIRE-
MENTS. 
(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: 
‘‘(l) EMPLOYER TO PROVIDE IMMIGRATION PAPER-
WORK EXCHANGED WITH FEDERAL AGENCIES.—Not 
later than 21 business days after receiving a written re-
quest from a former, current, or future employee or bene-
ficiary, an employer shall provide such employee or bene-
ficiary with the original (or a certified copy of the original) 
of all petitions, notices, and other written communication 
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 petition filed by the employer 
for such employee or beneficiary.’’. 
(b) 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 analyzing the ac-
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544 
curacy and effectiveness of the Secretary of Labor’s cur-
rent job classification and wage determination system. The 
report shall— 
(1) specifically address whether the systems in 
place accurately reflect the complexity of current job 
types as well as geographic wage differences; and 
(2) make recommendations concerning nec-
essary updates and modifications. 
SEC. 553. ADDITIONAL DEPARTMENT OF LABOR EMPLOY-
EES. 
(a) IN GENERAL.—The Secretary of Labor is author-
ized to hire 200 additional employees to administer, over-
see, investigate, and enforce programs involving non-
immigrant 
employees 
described 
in 
section 
101(a)(15)(H)(i)(B). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
CHAPTER 2—L–1 NONIMMIGRANTS 
SEC. 561. PROHIBITION ON OUTPLACEMENT OF L–1 NON-
IMMIGRANTS. 
(a) IN GENERAL.—Subparagraph (F) of section 
214(c)(2) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(2)) is amended to read as follows: 
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545 
‘‘(F)(i) Unless an employer receives a 
waiver under clause (ii), an employer may not 
employ an alien, for a cumulative period of 
more than 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 pe-
titioning employer or its affiliate, sub-
sidiary, or parent, including pursuant to 
an outsourcing, leasing, or other con-
tracting agreement. 
‘‘(ii) The Secretary of Homeland Security 
may grant a waiver of the requirements of 
clause (i) for an employer if the Secretary de-
termines that the employer has established 
that— 
‘‘(I) the employer with whom the alien 
referred to in clause (i) would be placed 
has not displaced and does not intend to 
displace a United States worker employed 
by the employer within the period begin-
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546 
ning 180 days after the date of the place-
ment of such alien with the employer; 
‘‘(II) such alien will not be controlled 
and supervised principally by the employer 
with whom the nonimmigrant would be 
placed; and 
‘‘(III) the placement of the non-
immigrant is not essentially an arrange-
ment to provide labor for hire for an unaf-
filiated employer with whom the non-
immigrant will be placed, rather than a 
placement in connection with the provision 
or a product or service for which special-
ized knowledge specific to the petitioning 
employer is necessary. 
‘‘(iii) The Secretary shall grant or deny a 
waiver under clause (ii) not later than 7 days 
after the date that the Secretary receives the 
application for the waiver.’’. 
(b) REGULATIONS.—The Secretary of Homeland Se-
curity shall promulgate rules, after notice and a period 
for comment, for an employer to apply for a waiver under 
subparagraph (F)(ii) of section 214(c)(2), as added by 
subsection (a). 
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547 
SEC. 562. 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)) is amended by adding at the 
end the following: 
‘‘(G)(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 bene-
ficiary of 2 or more petitions under this 
subparagraph during the immediately pre-
ceding 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 ac-
tivities; and 
‘‘(cc) the financial ability to com-
mence 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 submits an application to 
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the Secretary of Homeland Security that con-
tains— 
‘‘(I) evidence that the importing em-
ployer meets the requirements of this sub-
section; 
‘‘(II) evidence that the beneficiary of 
the petition is eligible for nonimmigrant 
status under section 101(a)(15)(L); 
‘‘(III) a statement summarizing the 
original petition; 
‘‘(IV) evidence that the importing em-
ployer has fully complied with the business 
plan submitted under clause (i)(I); 
‘‘(V) evidence of the truthfulness of 
any representations made in connection 
with the filing of the original petition; 
‘‘(VI) evidence that the importing em-
ployer, for the entire period beginning on 
the date on which the petition was ap-
proved 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 
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549 
during the approval period under clause (i) 
and the duties the beneficiary will perform 
at the new office during the extension pe-
riod granted under this clause; 
‘‘(VIII) a statement describing the 
staffing at the new office, including the 
number of employees and the types of posi-
tions held by such employees; 
‘‘(IX) evidence of wages paid to em-
ployees; 
‘‘(X) evidence of the financial status 
of the new office; and 
‘‘(XI) any other evidence or data pre-
scribed by the Secretary. 
‘‘(iii) A NEW
OFFICE
EMPLOYING
THE 
BENEFICIARY
OF
AN
L.—1 petition approved 
under this paragraph shall do business only 
through regular, systematic, and continuous 
provision of goods and services for the entire 
period for which the petition is sought. 
‘‘(iv) Notwithstanding clause (ii), and sub-
ject to the maximum period of authorized ad-
mission set forth in subparagraph (D), the Sec-
retary of Homeland Security, in the Secretary’s 
discretion, may approve a subsequently filed pe-
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tition on behalf of the beneficiary to continue 
employment at the office described in this sub-
paragraph for a period beyond the initially 
granted 12-month period if the importing em-
ployer has been doing business at the new office 
through regular, systematic, and continuous 
provision of goods and services for the 6 
months immediately preceding the date of ex-
tension petition filing and demonstrates that 
the failure to satisfy any of the requirements 
described in those subclauses was directly 
caused by extraordinary circumstances, as de-
termined by the Secretary in the Secretary’s 
discretion.’’. 
SEC. 563. 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 section 202, 
is further amended by adding at the end the following: 
‘‘(H) For purposes of approving petitions 
under this paragraph, the Secretary of Home-
land Security shall work cooperatively with the 
Secretary of State to verify the existence or 
continued existence of a company or office in 
the United States or in a foreign country.’’. 
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551 
SEC. 564. 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 202 
and 203, is further amended by adding at the end the 
following: 
‘‘(I)(i) The Secretary of Homeland Secu-
rity may initiate an investigation of any em-
ployer that employs nonimmigrants described in 
section 101(a)(15)(L) with regard to the em-
ployer’s compliance with the requirements of 
this subsection. 
‘‘(ii) If the Secretary receives specific cred-
ible information from a source who is likely to 
have knowledge of an employer’s practices, em-
ployment conditions, or compliance with the re-
quirements 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 dis-
closure under section 552 of title 5, United 
States Code. 
‘‘(iii) The Secretary shall establish a proce-
dure for any person desiring to provide to the 
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552 
Secretary information described in clause (ii) 
that may be used, in whole or in part, as the 
basis for the commencement of an investigation 
described in such clause, to provide the infor-
mation in writing on a form developed and pro-
vided 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 investigation) may be conducted with re-
spect to information about a failure to comply 
with the requirements under this subsection, 
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 employer under clause (i) or (ii), the Sec-
retary shall provide notice to the employer of 
the intent to conduct such investigation. The 
notice shall be provided in such a manner, and 
shall contain sufficient detail, to permit the em-
ployer 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 inter-
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553 
fere with an effort by the Secretary to inves-
tigate 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 investiga-
tion under clause (i) or (ii), determines that a 
reasonable basis exists to make a finding that 
the employer has failed to comply with the re-
quirements under this subsection, the Secretary 
shall provide the interested parties with notice 
of such determination and an opportunity for a 
hearing in accordance 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 reasonable basis to believe that the em-
ployer has violated the requirements under this 
subsection, the Secretary shall impose a penalty 
under subparagraph (L). 
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554 
‘‘(viii)(I) The Secretary may conduct sur-
veys of the degree to which employers comply 
with the requirements under this section. 
‘‘(II) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of not less than 1 percent of the em-
ployers that employ nonimmigrants de-
scribed in section 101(a)(15)(L) during the 
applicable fiscal year; 
‘‘(bb) conduct annual compliance au-
dits 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 
executive summary or report describing the 
general findings of the audits carried out 
pursuant to this subclause.’’. 
SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L– 
1 NONIMMIGRANT. 
(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 section 202, 203, and 204, is further amended by 
adding at the end the following: 
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555 
‘‘(J)(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— 
‘‘(aa) the locally determined prevailing 
wage level for the occupational classification in 
the area of employment; 
‘‘(bb) the median average 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. 
‘‘(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 
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556 
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 
import 1 or more aliens as nonimmigrants described in 
section 101(a)(15)(L)— 
‘‘(I) to require such a nonimmigrant to pay a 
penalty for ceasing employment with the employer 
before a date mutually agreed to by the non-
immigrant 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). 
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557 
‘‘(iv) The Secretary of Homeland Security shall de-
termine whether a required payment under clause (iii)(I) 
is a penalty (and not liquidated damages) pursuant to rel-
evant State law.’’. 
(b) REGULATIONS.—The Secretary of Homeland Se-
curity shall promulgate rules, after notice and a period 
of comment, to implement the requirements of subpara-
graph (J) of section 214(c)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(2)), as added by sub-
section (a). In promulgating these rules, the Secretary 
shall take into consideration any special circumstances re-
lating to intracompany transfers. 
SEC. 566. PENALTIES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 
203, 204, and 205, is further amended by adding at the 
end the following: 
‘‘(K)(i) If the Secretary of Homeland Security finds, 
after notice and an opportunity for a hearing, a failure 
by an employer to meet a condition under subparagraph 
(F), (G), (J), or (L) or a misrepresentation of 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 
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558 
in an amount not to exceed $2,000 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 
(J) or (L), the employer shall be liable to the em-
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), (J), or (L) 
or a willful misrepresentation of material fact in a petition 
to employ 1 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 $10,000 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 
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559 
‘‘(III) in the case of a violation of subparagraph 
(J) or (L), the employer shall be liable to the em-
ployees harmed by such violation for lost wages and 
benefits.’’. 
SEC. 567. 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 section 202, 
203, 204, 205, and 206, is further amended by adding 
at the end the following: 
‘‘(L)(i) It is a violation of 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) to take, fail to take, or threaten to take 
or fail to take, a personnel action, or to intimidate, threat-
en, restrain, coerce, blacklist, discharge, or discriminate 
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. 
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560 
‘‘(ii) In this subparagraph, the term ‘employee’ in-
cludes— 
‘‘(I) a current employee; 
‘‘(II) a former employee; and 
‘‘(III) an applicant for employment.’’. 
SEC. 568. 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 it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 569. REPORTS ON L–1 NONIMMIGRANTS. 
Section 214(c)(8) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(8)) is amended by inserting ‘‘(L),’’ 
after ‘‘(H),’’. 
SEC. 570. APPLICATION. 
The amendments made by sections 201 through 207 
shall apply to applications filed on or after the date of 
the enactment of this Act. 
SEC. 571. REPORT ON L–1 BLANKET PETITION PROCESS. 
(a) REQUIREMENT FOR REPORT.—Not later than 6 
months after the date of the enactment of this Act, the 
Inspector General of the Department of Homeland Secu-
rity shall submit to the appropriate committees of Con-
gress a report regarding the use of blanket petitions under 
section 214(c)(2)(A) of the Immigration and Nationality 
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561 
Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 
efficiency and reliability of the process for reviewing such 
blanket petitions, including whether the process includes 
adequate safeguards against fraud and abuse. 
(b) APPROPRIATE COMMITTEES OF CONGRESS.—In 
this section the term ‘‘appropriate committees of Con-
gress’’ means— 
(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Homeland Security of the 
House of Representatives; and 
(4) the Committee on the Judiciary of the 
House of Representatives. 
SEC. 572. 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 for nonimmigrant status pursuant to sub-
paragraph (H)(i)(b) or (L) of section 101(a)(15) 
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562 
who is outside the United States, 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 application submitted 
for the nonimmigrant under section 212(n) or 
the petition submitted for the nonimmigrant 
under subsection (c)(2)(A), as appropriate. 
‘‘(2) Upon the issuance of a visa to an appli-
cant referred to in paragraph (1) who is inside the 
United States, the issuing officer of the Department 
of Homeland Security shall provide the applicant 
with the material described in clauses (i), (ii), and 
(iii) of subparagraph (A).’’. 
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563 
CHAPTER 3—PROTECTION OF H–2B 
NONIMMIGRANTS 
SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RE-
LATING TO H–2B NONAGRICULTURAL GUEST 
WORKERS. 
(a) IN GENERAL.—Section 214(c)(14) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(c)(14)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘of Home-
land Security’’ each place it appears and inserting 
‘‘of Labor’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively; and 
(4) by adding at the end the following: 
‘‘(D) The Secretary of Labor is authorized 
to take such actions, including imposing appro-
priate penalties and seeking appropriate injunc-
tive relief and specific performance of contrac-
tual obligations, as may be necessary to assure 
employer compliance with the terms and condi-
tions required under this Act for employing 
nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b), and as required under the 
Increasing American Wages and Benefits Act of 
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564 
2007. The authority of the Secretary of Labor 
under this subparagraph shall not preempt any 
other rights which affected persons may have 
under Federal or State law. 
‘‘(E) Any aggrieved person whose wages or 
working conditions have been directly and ad-
versely affected by an employer in violation of 
applicable laws and regulations governing the 
employment of nonimmigrant workers described 
in section 101(a)(15)(H)(ii)(b), or by a viola-
tion of the terms and conditions of employment, 
may bring a civil action against such employer 
in the appropriate district court of the United 
States. Such cause of action shall not be subject 
to exhaustion of administrative remedies and 
shall be in addition to any other causes of ac-
tion and remedies that may exist. 
‘‘(F) Notwithstanding any other provision 
of law, the Legal Services Corporation may pro-
vide legal services on behalf of nonimmigrant 
workers 
described 
in 
section 
101(a)(15)(H)(ii)(b) regarding the terms and 
conditions of employment, transportation, and 
housing and other provisions of law applicable 
to the employment of such nonimmigrants.’’. 
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565 
(b) REPORT.—Section 214(g)(10) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(10)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(10)’’; and 
(2) by adding at the end the following: 
‘‘(B) Each employer that hires a non-
immigrant 
worker 
described 
in 
section 
101(a)(15)(H)(ii)(b) shall— 
‘‘(i) notify the Secretary of Labor not 
later than 30 days after the conclusion of 
each such nonimmigrant’s term of employ-
ment; and 
‘‘(ii) submit to the Secretary of Labor 
employment payroll records and similar 
documentation showing that the employer 
paid the required prevailing wage and 
transportation, and other expenses re-
quired under this section and section 
212.’’. 
SEC. 582. RECRUITMENT OF UNITED STATES WORKERS. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended— 
(1) in subsection (p)(3), by striking ‘‘(a)(5)(A), 
(n)(1)(A)(i)(II),’’ and inserting ‘‘(n)(1)(A)(i)(II)’’; 
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566 
(2) by redesignating subsection (t) (as added by 
section 1(b)(2)(B) of Public Law 108-449) as sub-
section (u); and 
(3) by adding at the end the following: 
‘‘(v)(1) Except as provided under paragraph (5), an 
employer that seeks to employ an alien described in section 
101(a)(15)(H)(ii)(b) (referred to in this subsection as an 
‘H-2B nonimmigrant’) shall take the following steps to re-
cruit United States workers for the position for which the 
alien is sought not later than 14 days before filing an ap-
plication under paragraph (3): 
‘‘(A) The employer shall submit a copy of the 
job offer, including a description of the wages and 
other terms and conditions of employment, to the 
State Workforce Agency that serves the area of em-
ployment in the State in which the employer is lo-
cated (referred to in this subsection as the ‘SWA’). 
The SWA shall provide the employer with an ac-
knowledgment of receipt of such documentation in 
accordance with this paragraph. 
‘‘(B) The employer shall authorize the SWA to 
post the job opportunity on the Internet through the 
web site for ‘America’s Job Bank’, with local job 
banks, and with unemployment agencies and other 
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567 
labor referral and recruitment sources pertinent to 
such job opportunity. 
‘‘(C) The employer shall authorize the SWA to 
provide notification of the job opportunity, and the 
SWA shall designate that these are job opportunities 
for which H-2B visas have been requested, to— 
‘‘(i) the central office of the State Federa-
tion of Labor in the State in which the job is 
located; and 
‘‘(ii) the office of the local union which 
represents the employees in the same or sub-
stantially equivalent job classification, if appli-
cable. 
‘‘(D) The employer shall post the availability of 
the job opportunity for which the employer is seek-
ing a worker in conspicuous locations at the place of 
employment for all employees to see. 
‘‘(E) The employer shall advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker in a publication with the highest 
circulation in the labor market that is likely to be 
patronized by a potential worker for at least 5 con-
secutive days. 
‘‘(F) Based on recommendations by the local 
job service, the employer shall advertise the avail-
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ability of the job opportunity in professional, trade, 
or local minority and ethnic publications that are 
likely to be patronized by a potential worker. 
‘‘(2) An employer that seeks to employ an H-2B non-
immigrant shall— 
‘‘(A) first offer the job to any eligible United 
States worker who— 
‘‘(i) applies; 
‘‘(ii) is qualified for the job; and 
‘‘(iii) is available at the time of need; and 
‘‘(B) maintain, for at least 3 years after the 
employment relation is terminated, documentation of 
recruitment efforts and responses conducted and re-
ceived before filing an application with the Depart-
ment of Labor, including— 
‘‘(i) resumes; 
‘‘(ii) applications; and 
‘‘(iii) tests of United States workers who 
applied and were not hired for the job the em-
ployer seeks to fill with a nonimmigrant worker, 
if applicable. 
‘‘(3) An employer that seeks to hire an H-2B non-
immigrant shall submit an application to the Secretary of 
Labor that includes a certification, under penalty of per-
jury, that— 
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‘‘(A) the employer has not made a job offer to 
a United States worker, which imposed restrictions 
or obligations that will not be imposed on an H-2B 
nonimmigrant; 
‘‘(B) the employer has complied with the re-
cruitment requirements under paragraph (1); 
‘‘(C) the employer will offer an H-2B non-
immigrant not less than the same benefits and work-
ing conditions provided to United States workers 
similarly employed in the same occupational classi-
fication at the same actual place of employment in 
addition to paying an H-2B nonimmigrant a pre-
vailing wage rate not less than the wage rate offered 
to United States workers; 
‘‘(D) there is currently no strike, lockout, or 
labor dispute (as defined in section 2(9) of the 
Labor-Management 
Relations 
Act 
(29 
U.S.C. 
152(9)), at the same place of employment, which af-
fects employees in the same occupational classifica-
tion in which an H-2B nonimmigrant will be em-
ployed; 
‘‘(E) the employer will comply with all applica-
ble laws and regulations relating to the right of 
workers to join or organize a union (including rights 
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protected under section 7 of the Labor-Management 
Relations Act (29 U.S.C. 157)); 
‘‘(F) the employer has— 
‘‘(i) provided notice of the filing of an ap-
plication to the bargaining representative of em-
ployees, if any, working in the same occupa-
tional classification at the place of employment 
as an H-2B nonimmigrant who the employer in-
tends to employ; or 
‘‘(ii) if there is no such bargaining rep-
resentative, posted notice of filing such applica-
tion in conspicuous locations at the place of em-
ployment for all employees to see for not fewer 
than 14 business days; and 
‘‘(G) the requirements applicable to the job, 
which the employer intends to hire an H-2B non-
immigrant to perform, represent the actual min-
imum requirements applicable to that job and the 
employer will not hire an H-2B nonimmigrant to 
perform the job who has less training or experience 
than the employer’s other employees. 
‘‘(4)(A) An employer that applies to hire an H-2B 
nonimmigrant shall hire any qualified United States work-
er who applies for the job for which such nonimmigrant 
was intended to be employed if such United States worker 
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571 
applies before the date that is 30 days before the date 
on which the last such H-2B nonimmigrant is scheduled 
to begin work for such employer. 
‘‘(B) The Secretary of Labor, through the workforce 
agency of a State, as appropriate, shall provide informa-
tion about applications for H-2B nonimmigrants, includ-
ing information about domestic workers who apply for jobs 
but are not hired, to a United States worker, nonprofit 
organization, or union not later than 48 hours after such 
worker, organization, or union requests such informa-
tion.’’. 
SEC. 583. PREVAILING WAGES FOR UNITED STATES WORK-
ERS AND H–2B WORKERS. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182), as amended by section 102, is further 
amended by adding at the end the following: 
‘‘(w)(1) No alien may be admitted or provided status 
as a nonimmigrant under section 101(a)(15)(H)(ii)(b) in 
an occupational classification unless the Secretary of 
Labor certifies that the employer— 
‘‘(A) is offering and will offer during the period 
of authorized employment to aliens admitted or pro-
vided such status the wage rate set forth in the col-
lective bargaining agreement, if the job opportunity 
is covered by a collective bargaining agreement; 
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‘‘(B) if the job opportunity is not covered by a 
collective bargaining agreement, the wage the em-
ployer is offering and will offer, to any alien or 
United States worker employed by or offered em-
ployment by the employer, during the period of au-
thorized employment for aliens admitted or provided 
such status, wages that are not less than the higher 
of— 
‘‘(i) the wage determination, if any, issued 
pursuant to subchapter IV of chapter 31 of title 
40, United States Code (commonly known as 
the ‘Davis-Bacon Act’); 
‘‘(ii) the wage determination, if any, issued 
pursuant to the Service Contract Act of 1965 
(41 U.S.C. 351 et seq.); 
‘‘(iii) the median rate of the highest 66 
percent of the wage data applicable to such oc-
cupational classification under the most recently 
published Occupational Employment Statistics 
Survey, compiled by the Bureau of Labor Sta-
tistics; or 
‘‘(iv) a wage that is not less than 150 per-
cent of the Federal minimum wage in effect 
under the Fair Labor Standards Act (29 U.S.C. 
201 et seq.); and 
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573 
‘‘(C) will provide working conditions for such 
alien that will not adversely affect the working con-
ditions of workers similarly employed. 
‘‘(2) An employer may not appeal a decision of the 
Secretary of Labor concerning the wages required to be 
paid under paragraph (1)(A) unless United States workers 
and their labor representatives are given the opportunity 
to submit contrary evidence or appeal that such required 
wages are too low. 
‘‘(3) An employer may not hire a nonimmigrant de-
scribed in section 101(a)(15)(H)(ii)(b) unless— 
‘‘(A) real prevailing wages in the occupational 
classification in which such nonimmigrant is to be 
hired are at least 3 percent higher than such wages 
during the preceding year under the Occupational 
Employment Statistics Survey compiled by the Bu-
reau of Labor Statistics; or 
‘‘(B) the employer offers to pay the H-2B 
worker or a United States worker a wage in the oc-
cupational classification in which such worker is to 
be hired that is at least 3 percent higher during the 
preceding year, after adjusting for inflation under 
the Occupational Employment Survey.’’. 
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574 
SEC. 584. CERTIFICATION REQUIREMENT. 
Section 214(c)(14) of the Immigration and Nation-
ality Act, as amended by section 101, is further amended 
by adding at the end the following: 
‘‘(G) A petition by an employer seeking to hire an 
alien described in section 101(a)(15)(H)(ii)(b) shall not 
be approved until the employer has provided written cer-
tification, under penalty of perjury, to the Secretary of 
Labor that— 
‘‘(i) the employer has not been required under 
law to provide a notice of a mass layoff pursuant to 
the Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.) during the 12-month 
period immediately preceding the date on which the 
alien is to be hired; and 
‘‘(ii) the employer does not intend to provide a 
notice of a mass layoff pursuant to such Act. 
‘‘(H) If an employer is required under law to provide 
a notice of a mass layoff pursuant to such Act after hiring 
nonimmigrants 
granted 
status 
under 
section 
101(a)(15)(H)(ii)(b), the status of such nonimmigrants 
shall expire on the date that is 60 days after the date 
on which such notice is provided. 
‘‘(I) An employer shall be exempt from the require-
ments under subparagraphs (G) and (H) if the employer 
provides written certification, under penalty of perjury, 
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575 
that the total number of the employer’s employees in the 
United States will not be reduced as a result of a mass 
layoff.’’. 
SEC. 585. PROTECTIONS FOR WORKERS. 
Section 214(c)(14) of the Immigration and Nation-
ality Act, as amended by section 104, is further amended 
by adding at the end the following: 
‘‘(J) Employers who hire nonimmigrants 
described in section 101(a)(15)(H)(ii)(b) shall 
reimburse the nonimmigrants for the reasonable 
transportation costs incurred by such non-
immigrants and United States workers to ini-
tially reach the job site and, once the period of 
employment for the job opportunity is com-
pleted, to return to their countries of origin or 
to the next place of employment, if the worker 
has contracted with a subsequent employer who 
has not agreed to provide or pay for the work-
er’s transportation to such subsequent employ-
er’s place of employment. The amount of reim-
bursement for such transportation expenses 
shall not exceed the lesser of— 
‘‘(i) the actual cost to the worker or 
alien of the transportation and subsistence 
involved; or 
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‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(K)(i) 
Employers 
who 
hire 
non-
immigrants 
described 
in 
section 
101(a)(15)(H)(ii)(b) shall guarantee to offer 
the worker employment for at least 75 percent 
of the workdays of the total periods during 
which the work contract and all extensions of 
such contract are in effect, beginning with the 
first workday after the arrival of the worker at 
the place of employment and ending on the ex-
piration date specified in the work contract or 
in its extensions, if any. 
‘‘(ii) If the employer affords a worker dur-
ing the total work contract period less employ-
ment than that required under this subpara-
graph, the employer shall pay the worker the 
amount which the worker would have earned 
had the worker worked for the guaranteed num-
ber of days. 
‘‘(iii) In this subparagraph, the term 
‘workday’— 
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577 
‘‘(I) means a day in which the worker 
is offered the number of hours stated in 
the job order; and 
‘‘(II) excludes the worker’s Sabbath 
and Federal holidays. 
‘‘(iv) A work guarantee does not meet the 
requirements under this subparagraph unless 
the number of hours of work offered by the em-
ployer is equal to not less than the product of— 
‘‘(I) 75 percent of the workdays; mul-
tiplied by 
‘‘(II) the average number of hours per 
day stated in the job order. 
‘‘(v) A worker may be offered more than 
the specified hours of work on a single workday. 
‘‘(vi) The employer may not require, for 
purposes of meeting the work guarantee, that 
the worker work longer than the number of 
hours specified in the job order on a workday, 
the worker’s Sabbath, or a Federal holiday. 
‘‘(L) If the job opportunity is not covered 
by the State workers’ compensation law, the 
employer will provide, at no cost to the worker, 
insurance covering injury and disease arising 
out of, and in the course of, the worker’s em-
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578 
ployment which will provide benefits at least 
equal to those provided under the State’s work-
ers’ compensation law for comparable employ-
ment.’’. 
SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED 
LABOR AGREEMENTS WITH UNIONS THAT OP-
ERATE HIRING HALLS. 
Section 212(v) of the Immigration and Nationality 
Act, as added by section 102, is amended by adding at 
the end the following: 
‘‘(5) An employer that seeks to hire an H-2B 
nonimmigrant may file an application with the Sec-
retary of Labor in accordance with this paragraph, 
instead of complying with paragraphs (1) through 
(4), if— 
‘‘(A) the employer has signed a labor 
agreement with a labor organization (as defined 
in section 2(5) of the Labor-Management Rela-
tions Act (29 U.S.C. 152(5)) under which the 
labor organization is responsible for referring 
applicants for employment to the employer 
under a procedure commonly known as a ‘hiring 
hall’ or ‘referral hall’; and 
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‘‘(B) the application is accompanied by a 
written statement prepared by the labor organi-
zation attesting that— 
‘‘(i) the labor organization operates a 
hiring hall that, pursuant to contractual 
agreement and actual practice, is a source 
of employees in the same or substantially 
equivalent occupational classification in 
which the employer seeks to employ an H- 
2B nonimmigrant; 
‘‘(ii) the labor organization does not 
have a sufficient number of qualified appli-
cants available for referral in the same or 
substantially equivalent occupational classi-
fication in which the employer seeks to em-
ploy an H-2B nonimmigrant; 
‘‘(iii) the labor organization has ad-
vertised, for at least 5 consecutive days, 
the availability of the job opportunity for 
which the employer is seeking to employ an 
H-2B nonimmigrant in the publication 
with the highest circulation in the labor 
market that is likely to be patronized by 
potential applicants; 
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580 
‘‘(iv) the employer is contractually ob-
ligated to pay all employees, in the same or 
substantially equivalent occupational classi-
fication in which the employer seeks to em-
ploy an H-2B nonimmigrant, wages and 
benefits set forth in a labor agreement 
with the labor organization, which equals 
or exceeds the prevailing wage rate the em-
ployer would be obligated to pay; and 
‘‘(v) the H-2B nonimmigrants who 
the employer seeks to employ will be paid 
not less than the same wages and benefits 
and be subject to the same terms and con-
ditions of employment set forth in the em-
ployer’s labor agreement with the labor or-
ganization.’’. 
SEC. 587. H–2B NONIMMIGRANT LABOR CERTIFICATION AP-
PLICATION FEES. 
(a) 
ESTABLISHMENT
OF
FEES.—Section 
212(a)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(A)) is amended by adding the fol-
lowing: 
‘‘(v) ESTABLISHMENT
OF
H-2B
EM-
PLOYMENT
CERTIFICATION
APPLICATION 
FEE.— 
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581 
‘‘(I) IN
GENERAL.—The Sec-
retary of Labor shall impose a fee on 
an employer that submits an applica-
tion for an employment certification 
for aliens granted nonimmigrant sta-
tus under section 101(a)(15)(H)(ii)(b) 
to the Secretary of Labor under this 
subparagraph on or after the date 
that is 30 days after the date of en-
actment of the Increasing American 
Wages and Benefits Act of 2007. 
‘‘(II) 
FEE
DURING
INITIAL 
YEAR.—During the period beginning 
30 days after the date of enactment of 
the Increasing American Wages and 
Benefits Act of 2007 and ending 1 
year after such date, the fee imposed 
under subclause (I) shall be $800 for 
each application. 
‘‘(III) 
FEE
AFTER
INITIAL 
YEAR.—After the date that is one 
year after the date of enactment of 
the Increasing American Wages and 
Benefits Act of 2007, the fee imposed 
under subclause (I) shall be set at a 
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582 
level the Secretary of Labor deter-
mines will ensure recovery of the full 
costs of carrying out labor certifi-
cation activities under this subpara-
graph and will recover any additional 
costs associated with the administra-
tion of the fees collected. 
‘‘(IV) 
PROHIBITION
ON
EM-
PLOYER ACCEPTING REIMBURSEMENT 
OF FEE.— 
‘‘(aa) IN GENERAL.—An em-
ployer subject to a fee under this 
clause shall not require or accept 
reimbursement, directly or indi-
rectly, of or other compensation 
for all or part of the cost of such 
fee. 
‘‘(bb) CIVIL
PENALTY.—If 
the Secretary of Labor deter-
mines, after notice and oppor-
tunity for a hearing, that a viola-
tion of item (aa) has occurred, 
the Secretary of Labor may im-
pose a civil penalty in an amount 
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not to exceed $5,000 per viola-
tion. 
‘‘(V) DEPOSIT
OF
FEES
AND 
PENALTIES.—Fees and civil penalties 
collected under this clause shall be de-
posited in the ‘H-2B Employment 
Certification Application Fee Account’ 
established under section 286(x).’’. 
(b) ESTABLISHMENT
OF ACCOUNT
AND USE
OF 
FUND.—Section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356) is amended by adding at the end the 
following: 
‘‘(x) H-2B EMPLOYMENT CERTIFICATION APPLICA-
TION FEE ACCOUNT.— 
‘‘(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘H- 
2B Employment Certification Application Fee Ac-
count’. Notwithstanding any other provision of this 
title, there shall be deposited as offsetting receipts 
into the account all amounts from the fees and civil 
penalties collected under section 212(a)(5)(A)(v). 
‘‘(2) USE OF FEES.—Of the amounts deposited 
into the H-2B Employment Certification Application 
Fee Account under this subsection in each fiscal 
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584 
year, the Secretary of Labor shall use such amounts 
as the Secretary of Labor determines are necessary 
for the costs of Federal administration, including 
personnel, in carrying out labor certification activi-
ties under section 212(a)(5)(A), and to assist the 
States, as appropriate, in the determination of pre-
vailing wages for purposes of carrying out such sec-
tion. 
‘‘(3) AVAILABILITY OF FUNDS.—The fees de-
posited into the H-2B Employment Certification Ap-
plication Fee Account under this subsection shall re-
main available until expended for the activities de-
scribed in paragraph (2).’’. 
(c) PROGRAM INTEGRITY.—Section 212(a)(5)(A) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(5)(A)), as amended by subsection (a), is further 
amended by adding at the end the following: 
‘‘(vi) PROGRAM
INTEGRITY
REGULA-
TIONS.—The Secretary of Labor may pre-
scribe such regulations as may be nec-
essary to ensure the integrity of the labor 
certification process carried out under this 
subparagraph. Such regulations may in-
clude standards and procedures under 
which employers and their representatives 
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585 
are excluded from participation in the 
labor certification process under this sub-
paragraph.’’. 
CHAPTER 4—ADJUSTMENTS TO THE EB–5 
VISA PROGRAM 
SEC. 591. PERMANENT REAUTHORIZATION OF EB–5 RE-
GIONAL CENTER PROGRAM; APPLICATION 
FEE. 
(a) IN GENERAL.—Section 610 of the Departments 
of Commerce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1993 (8 U.S.C. 1153 
note) is amended— 
(1) by striking ‘‘pilot’’ each place it appears; 
(2) in subsection (b), by striking ‘‘for 15 
years’’; and 
(3) by adding at the end the following: 
‘‘(e) In addition to any other fees authorized by law, 
the Secretary of Homeland Security shall impose a fee of 
$2,500 to apply for designation as a regional center under 
this section. Fees collected under this subsection shall be 
deposited in the Treasury in accordance with section 
286(y) of the Immigration and Nationality Act (8 U.S.C. 
1356(y)).’’. 
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.— 
Section 286 of the Immigration and Nationality Act (8 
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586 
U.S.C. 1356) is amended by adding at the end the fol-
lowing: 
‘‘(y) IMMIGRANT ENTREPRENEUR REGIONAL CEN-
TER ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘Immigrant Entre-
preneur Regional Center Account’. Notwithstanding 
any other provision of law, there shall be deposited 
as offsetting receipts into the account all fees col-
lected under section 610(b) of the Departments of 
Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1993 (8 
U.S.C. 1153 note) and any fees collected in connec-
tion with forms I-526 or I-829. 
‘‘(2) USE OF FEES.—Fees collected under this 
section may only be used by the Secretary of Home-
land Security to administer and operate the employ-
ment 
creation 
program 
described 
in 
section 
203(b)(5).’’. 
(c) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall prescribe regulations to implement the 
amendments made by this section. 
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587 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a)(3) and (b) shall take effect on the effective 
date of the regulations prescribed pursuant to subsection 
(c). The remaining amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 592. PREMIUM PROCESSING FEE FOR EB–5 IMMI-
GRANT INVESTORS. 
Section 286(u) of the Immigration and Nationality 
Act (8 U.S.C. 1356(u)) is amended by adding at the end 
the following: ‘‘In the case of a petition filed under section 
204(a)(1)(H) for classification under section 203(b)(5), if 
the petitioner desires a guarantee of a decision on the peti-
tion in 60 days or less, the premium fee under this sub-
section shall be set at $2,500 and shall be deposited as 
offsetting receipts in the Immigrant Entrepreneur Re-
gional Center Account established under subsection (y).’’. 
SEC. 593. CONCURRENT FILING OF EB–5 PETITIONS AND 
APPLICATIONS FOR ADJUSTMENT OF STA-
TUS. 
Section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255) is amended by adding at the end the fol-
lowing: 
‘‘(n) If, at the time a petition is filed for classification 
through a regional center under section 203(b)(5), ap-
proval of the petition would make a visa immediately avail-
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588 
able to the alien beneficiary, the alien beneficiary’s adjust-
ment application under this section shall be considered to 
be properly filed whether the application is submitted con-
currently with, or subsequent to, the visa petition.’’. 
SEC. 594. IMPROVED SET-ASIDE FOR TARGETED EMPLOY-
MENT AREAS. 
Section 203(b)(5)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1153(b)(5)(B)) is amended as follows: 
(1) TARGETED EMPLOYMENT AREA DEFINED.— 
Clause (ii) is amended to read as follows: 
‘‘(ii) TARGETED EMPLOYMENT AREA 
DEFINED.—In this paragraph, the term 
‘targeted employment area’ means, at the 
time a petition for classification under this 
paragraph is filed, any of the following: 
‘‘(I) A rural area. 
‘‘(II) An area that has experi-
enced high unemployment (of at least 
150 percent of the national average 
rate). 
‘‘(III) A county that has had a 
20 percent or more decrease in popu-
lation since 1970. 
‘‘(IV) An area that is within the 
boundaries established for purposes of 
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589 
a State or Federal economic develop-
ment incentive program, including 
areas defined as Enterprise Zones, 
Renewal Communities and Empower-
ment Zones. 
‘‘(V) An area designated by a 
State agency to which the Governor 
has delegated the authority to des-
ignate targeted employment areas 
within the State.’’. 
(2) RURAL
AREA
DEFINED.—Clause (iii) is 
amended by striking ‘‘other than an area within a 
metropolitan statistical area or’’. 
(3) EFFECT OF PRIOR DETERMINATION.—Such 
section is amended by adding at the end the fol-
lowing: 
‘‘(iv) EFFECT OF PRIOR DETERMINA-
TION.—In a case in which a geographic 
area is determined under clause (ii) to be 
a targeted employment area, such deter-
mination shall remain in effect during the 
2-year period beginning on the date of the 
determination for purposes of any alien 
seeking a visa reserved under this subpara-
graph.’’. 
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590 
SEC. 595. SET-ASIDE OF VISAS FOR REGIONAL CENTER 
PROGRAM. 
Section 610(b) of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amend-
ed by striking ‘‘3,000’’ and inserting ‘‘10,000’’. 
SEC. 596. EXTENSION. 
Subparagraph (A) of section 216A(d)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1186b(d)(2)(A)) is 
amended by adding at the end the following: ‘‘A date spec-
ified by the applicant (but not later than the fourth anni-
versary) shall be substituted for the second anniversary 
in applying the preceding sentence if the applicant dem-
onstrates that the applicant has attempted to follow his 
business model in good faith, provides an explanation for 
the delay in filing the petition that is based on cir-
cumstances outside of the applicant’s control, and dem-
onstrates that such circumstances will be able to be re-
solved within the specified period.’’. 
SEC. 597. STUDY. 
(a) IN GENERAL.—The Secretary of the Department 
of Homeland Security, in appropriate consultation with 
the Secretary of Commerce and other interested parties, 
shall conduct a study concerning the following: 
(1) Current job creation counting methodology 
and initial projections under section 203(b)(5) of the 
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