798 
may also obtain a de novo custody redetermination 
hearing at any time upon a showing of good cause. 
‘‘(7) The Secretary shall inform the alien of his 
or her rights under this paragraph at the time the 
alien is first taken into custody.’’. 
(b) LIMITATIONS ON SOLITARY CONFINEMENT.— 
(1) IN
GENERAL.—Section 236(d) (8 U.S.C. 
1226(d)) is amended by adding at the end the fol-
lowing: 
‘‘(3) NATURE OF DETENTION.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
ADMINISTRATIVE
SEGREGA-
TION.—The term ‘administrative segrega-
tion’ means a nonpunitive form of solitary 
confinement for administrative reasons. 
‘‘(ii) DISCIPLINARY
SEGREGATION.— 
The term ‘disciplinary segregation’ means 
a punitive form of solitary confinement for 
disciplinary reasons. 
‘‘(iii) SERIOUS
MENTAL
ILLNESS.— 
The term ‘serious mental illness’ means a 
substantial disorder of thought or mood 
that significantly impairs judgment, behav-
ior, capacity to recognize reality, or ability 
to cope with the ordinary demands of life. 
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799 
‘‘(iv) SOLITARY CONFINEMENT.—The 
term ‘solitary confinement’ means cell con-
finement of 22 hours or more per day. 
‘‘(B) LIMITATIONS ON SOLITARY CONFINE-
MENT.— 
‘‘(i) IN GENERAL.—The use of soli-
tary confinement of an alien in custody 
pursuant to this section, section 235, or 
section 241 shall be limited to situations in 
which such confinement— 
‘‘(I) is necessary— 
‘‘(aa) to control a threat to 
detainees, staff, or the security of 
the facility; 
‘‘(bb) to discipline the alien 
for a serious disciplinary infrac-
tion 
if 
alternative 
sanctions 
would not adequately regulate 
the alien’s behavior; or 
‘‘(cc) for good order during 
the last 24 hours before an alien 
is released, removed, or trans-
ferred from the facility; 
‘‘(II) is limited to the briefest 
term and under the least restrictive 
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800 
conditions practicable and consistent 
with the rationale for placement and 
with the progress achieved by the 
alien; and 
‘‘(III) complies with the require-
ments set forth in this subparagraph. 
‘‘(ii) CHILDREN.—Children who are 
younger than 18 years of age may not be 
placed in solitary confinement. 
‘‘(iii) SERIOUS MENTAL ILLNESS.— 
‘‘(I) IN GENERAL.—An alien with 
a serious mental illness may not be 
placed in involuntary solitary confine-
ment due to mental illness unless— 
‘‘(aa) such confinement is 
necessary for the alien’s own pro-
tection; or 
‘‘(bb) if the alien requires 
emergency stabilization or poses 
a significant threat to staff or 
others in general population. 
‘‘(II) 
MAXIMUM
PERIOD.—An 
alien diagnosed with serious mental 
illness may not be placed in solitary 
confinement for more than 15 days 
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801 
unless the Secretary of Homeland Se-
curity determines that— 
‘‘(aa) any less restrictive al-
ternative is more likely than not 
to cause greater harm to the 
alien than the solitary confine-
ment period imposed; or 
‘‘(bb) the likely harm to the 
alien is not substantial and the 
period of solitary confinement is 
the least restrictive alternative 
necessary to protect the alien, 
other detainees, or others. 
‘‘(iv) OWN PROTECTION.— 
‘‘(I) IN
GENERAL.—Involuntary 
solitary confinement for an alien’s 
own protection may be used only for 
the least amount of time practicable 
and if no readily available and less re-
strictive alternative will maintain the 
alien’s safety. 
‘‘(II) 
MAXIMUM
PERIOD.—An 
alien may not be placed in involuntary 
solitary confinement for the alien’s 
own protection for longer than 15 
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802 
days unless the Secretary of Home-
land Security determines that any less 
restrictive alternative is more likely 
than not to cause greater harm to the 
alien than the solitary confinement pe-
riod imposed. 
‘‘(III) PROHIBITED
FACTORS.— 
The Secretary of Homeland Security 
may not rely solely on an alien’s age, 
physical disability, sexual orientation, 
gender identity, race, or religion. The 
Secretary shall make an individualized 
assessment in each case. 
‘‘(v) MEDICAL CARE.—An alien placed 
in solitary confinement— 
‘‘(I) shall be visited by a medical 
professional at least 3 times each 
week; 
‘‘(II) shall receive at least weekly 
mental health monitoring by a li-
censed mental health clinician; and 
‘‘(III) shall be removed from soli-
tary confinement if— 
‘‘(aa) a mental health clini-
cian determines that such deten-
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803 
tion is having a significant nega-
tive impact on the alien’s mental 
health; and 
‘‘(bb) an appropriate alter-
native is available. 
‘‘(vi) 
NOTIFICATION; 
ACCESS
TO 
COUNSEL.—If an alien is placed in solitary 
confinement, the alien— 
‘‘(I) shall be informed verbally, 
and in writing, of the reason for such 
confinement and the intended dura-
tion of such confinement, if specified 
at the time of initial placement; and 
‘‘(II) shall be offered access to 
counsel on the same basis as detainees 
in the general population. 
‘‘(vii) LONGER
SOLITARY
CONFINE-
MENT PERIODS.—If an alien has been sub-
ject to involuntary solitary confinement for 
more than 14 consecutive days, the Sec-
retary of Homeland Security shall conduct 
a timely review to determine whether con-
tinued placement is justified by an extreme 
disciplinary infraction or is the least re-
strictive means of protecting the alien or 
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804 
others. Any alien held in solitary confine-
ment for more than 7 days shall be given 
a reasonable opportunity to challenge such 
placement with the detention facility ad-
ministrator, which will promptly respond to 
such challenge in writing. 
‘‘(viii) OVERSIGHT.—The Secretary of 
Homeland Security shall ensure that— 
‘‘(I) he or she is regularly in-
formed about the use of solitary con-
finement in all facilities at which 
aliens are detained; and 
‘‘(II) the Department fully com-
plies with the provisions under this 
paragraph. 
‘‘(C) DISCIPLINARY
SEGREGATION.—Dis-
ciplinary segregation is authorized only pursu-
ant to the order of a facility disciplinary panel 
following a hearing in which the detainee is de-
termined to have violated a facility rule. 
‘‘(D) ADMINISTRATIVE
SEGREGATION.— 
Administrative segregation is authorized only as 
necessary to ensure the safety of the detainee 
or others, the protection of property, or the se-
curity or good order of the facility. Detainees in 
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805 
administrative segregation shall be offered pro-
gramming opportunities and privileges con-
sistent with those available in the general popu-
lation, except where precluded by safety or se-
curity concerns.’’. 
(2) ANNUAL REPORT.—The Secretary shall— 
(A) collect and compile information regard-
ing the prevalence, reasons for, and duration of 
solitary confinement in all facilities described in 
paragraph (3); 
(B) submit an annual report containing 
the information described in subparagraph (A) 
to Congress not later than 30 days after the 
end of the reporting period; and 
(C) make the data contained in the report 
submitted under subparagraph (B) publicly 
available. 
(3) RULEMAKING.—The Secretary shall adopt 
regulations or policies to carry out section 236(d)(3) 
of the Immigration and Nationality Act, as amended 
by paragraph (1), at all facilities at which aliens are 
detained pursuant to section 235, 236, or 241 of 
such Act. 
(c) STIPULATED
REMOVAL.—Section 240(d) (8 
U.S.C. 1229a) is amended to read as follows: 
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806 
‘‘(d) STIPULATED REMOVAL.—The Attorney General 
shall provide by regulation for the entry by an immigration 
judge of an order of removal stipulated to by the alien 
(or the alien’s representative) and the Service. An immi-
gration judge may enter a stipulated removal order only 
upon a finding at an in-person hearing that the stipulation 
is voluntary, knowing, and intelligent. A stipulated order 
shall constitute a conclusive determination of the alien’s 
removability from the United States.’’. 
SEC. 3718. SANCTIONS FOR COUNTRIES THAT DELAY OR 
PREVENT REPATRIATION OF THEIR NATION-
ALS. 
Section 243(d) (8 U.S.C. 1253(d)) is amended to 
read as follows: 
‘‘(d) DISCONTINUING GRANTING VISAS TO NATION-
ALS OF COUNTRIES THAT DENY OR DELAY ACCEPTING 
ALIENS.—Notwithstanding section 221(c), if the Sec-
retary of Homeland Security determines, in consultation 
with the Secretary of State, that the government of a for-
eign country denies or unreasonably delays accepting 
aliens who are citizens, subjects, nationals, or residents 
of that country after the Secretary asks whether the gov-
ernment will accept an alien under this section, or after 
a determination that the alien is inadmissible under para-
graph (6) or (7) of section 212(a), the Secretary of State 
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807 
shall order consular officers in that foreign country to dis-
continue granting visas, or classes of visas, until the Sec-
retary of Homeland Security notifies the Secretary of 
State that the country has accepted the aliens.’’. 
SEC. 3719. GROSS VIOLATIONS OF HUMAN RIGHTS. 
(a) INADMISSIBILITY OF CERTAIN ALIENS.—Section 
212(a)(3)(E) (8 U.S.C. 1182(a)(3)(E)) is amended by 
striking clause (iii) and inserting the following: 
‘‘(iii) COMMISSION OF ACTS OF TOR-
TURE, 
EXTRAJUDICIAL
KILLINGS, 
WAR 
CRIMES, OR WIDESPREAD OR SYSTEMATIC 
ATTACKS
ON
CIVILIANS.—Any alien who 
planned, ordered, assisted, aided and abet-
ted, committed, or otherwise participated, 
including through command responsibility, 
in the commission of— 
‘‘(I) any act of torture (as de-
fined in section 2340 of title 18, 
United States Code); 
‘‘(II) any extrajudicial killing (as 
defined in section 3(a) of the Torture 
Victim Protection Act of 1991 (28 
U.S.C. 1350 note)) under color of law 
of any foreign nation; 
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808 
‘‘(III) a war crime (as defined in 
section 2441 of title 18, United States 
Code); or 
‘‘(IV) any of the following acts as 
a part of a widespread or systematic 
attack directed against a civilian pop-
ulation, with knowledge of the attack: 
murder, extermination, enslavement, 
forcible transfer of population, arbi-
trary detention, rape, sexual slavery, 
enforced prostitution, forced preg-
nancy, enforced sterilization, or any 
other form of sexual violence of com-
parable gravity; persecution on polit-
ical racial, national, ethnic, cultural, 
religious, or gender grounds; enforced 
disappearance of persons; or other in-
humane acts of a similar character in-
tentionally causing great suffering or 
serious bodily or mental injury, 
is inadmissible. 
‘‘(iv) LIMITATION.—Clause (iii) shall 
not apply to an alien if the Secretary of 
Homeland Security or the Attorney Gen-
eral determine that the actions giving rise 
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809 
to the alien’s inadmissibility under such 
clause were committed under duress. In 
determining whether the alien was subject 
to duress, the Secretary may consider, 
among relevant factors, the age of the 
alien at the time such actions were com-
mitted.’’. 
(b) DENYING SAFE HAVEN TO FOREIGN HUMAN 
RIGHTS VIOLATORS.—Section 2(a)(2) of the Torture Vic-
tim Protection Act of 1991 (28 U.S.C. 1350 note) is 
amended— 
(1) by inserting after ‘‘killing’’ the following: ‘‘, 
a war crime (as defined in subsections (c) and (d) 
of section 2441 of title 18, United States Code), a 
widespread or systematic attack on civilians (as de-
fined in section 212(a)(3)(E)(iii)(IV) of the Immi-
gration and Nationality Act), or genocide (as defined 
in section 1091(a) of such title 18)’’; and 
(2) by striking ‘‘to the individual’s legal rep-
resentative’’ and inserting ‘‘to that individual or to 
that individual’s legal representative’’. 
(c) NONAPPLICABILITY
OF CONFIDENTIALITY RE-
QUIREMENT WITH RESPECT TO VISA RECORDS.—The 
President may make public, without regard to the require-
ments under section 222(f) of the Immigration and Na-
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810 
tionality Act (8 U.S.C. 1202(f)), with respect to confiden-
tiality of records pertaining to the issuance or refusal of 
visas or permits to enter the United States, the names 
of aliens deemed inadmissible on the basis of section 
212(a)(3)(E)(iii) of such Act, as amended by subsection 
(a). 
SEC. 3720. REPORTING AND RECORDKEEPING REQUIRE-
MENTS RELATING TO THE DETENTION OF 
ALIENS. 
(a) IN GENERAL.—In order for Congress and the 
public to assess the full costs of apprehending, detaining, 
processing, supervising, and removing aliens, and how the 
money Congress appropriates for detention is allocated by 
Federal agencies, the Assistant Secretary for Immigration 
and Customs and Enforcement (referred to in this section 
as the ‘‘Assistant Secretary’’), the Director of the Execu-
tive Office of Immigration Review, and the Commissioner 
responsible for U.S. Customs and Border Protection (re-
ferred to in this section as the ‘‘Commissioner’’) shall— 
(1) maintain the information required under 
subsections (b), (c), and (d); and 
(2) submit reports on that information to Con-
gress and make that information available to the 
public in accordance with subsection (e). 
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811 
(b) MAINTENANCE OF INFORMATION BY U.S. IMMI-
GRATION AND CUSTOMS ENFORCEMENT.—The Assistant 
Secretary shall record and maintain, in the database of 
U.S. Immigration and Customs Enforcement relating to 
detained aliens, the following information with respect to 
each alien detained pursuant to the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.): 
(1) The provision of law that provides specific 
authority for the alien’s detention and the beginning 
and end dates of the alien’s detention pursuant to 
that authority. If the alien’s detention is authorized 
by different provisions of law during different peri-
ods of time, the Assistant Secretary shall record and 
maintain the provision of law that provides authority 
for the alien’s detention during each such period. 
(2) The place where the alien was apprehended 
or where U.S. Immigration and Customs Enforce-
ment assumed custody of the alien. 
(3) Each location where U.S. Immigration and 
Customs Enforcement detains the alien until the 
alien is released from custody or removed from the 
United States, including any period of redetention. 
(4) The gender and age of each detained alien 
in the custody of U.S. Immigration and Customs 
Enforcement. 
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812 
(5) The number of days the alien is detained, 
including the number of days spent in any given de-
tention facility and the total amount of time spent 
in detention. 
(6) The immigration charges that are the basis 
for the alien’s removal proceedings. 
(7) The status of the alien’s removal pro-
ceedings and each date on which those proceedings 
progress from 1 stage of proceeding to another. 
(8) The length of time the alien was detained 
following a final administrative order of removal and 
the reasons for the continued detention. 
(9) The initial custody determination or review 
made by U.S. Immigration and Customs Enforce-
ment, including whether the alien received notice of 
a custody determination or review and when the cus-
tody determination or review took place. 
(10) The risk assessment results for the alien, 
including if the alien is subject to mandatory cus-
tody or detention. 
(11) The reason for the alien’s release from de-
tention and the conditions of release imposed on the 
alien, if applicable. 
(c) MAINTENANCE OF INFORMATION BY EXECUTIVE 
OFFICE OF IMMIGRATION REVIEW.—The Director of the 
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813 
Executive Office of Immigration Review shall record and 
maintain, in the database of the Executive Office of Immi-
gration Review relating to detained aliens in removal pro-
ceedings, the following information with respect to each 
such alien: 
(1) The immigration charges that are the basis 
for the alien’s removal proceedings, including any re-
vision of the immigration charges and the date of 
each such revision. 
(2) The gender and age of the alien. 
(3) The status of the alien’s removal pro-
ceedings and each date on which those proceedings 
progress from one stage of proceeding to another. 
(4) The statutory basis for any bond hearing 
conducted and the outcomes of the bond hearing. 
(5) Whether each court hearing is conducted in 
person, by audio link, or by video conferencing. 
(6) The date of each attorney entry of appear-
ance before an immigration judge using Form 
EOIR–28 and the scope of the appearance to which 
the form related. 
(d) MAINTENANCE OF INFORMATION BY U.S. CUS-
TOMS
AND BORDER PROTECTION.—The Commissioner 
shall record and maintain in the database of U.S. Customs 
and Border Protection relating to detained aliens the fol-
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814 
lowing information with respect to each alien detained 
pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.): 
(1) The provision of law that provides specific 
authority for the alien’s detention and the beginning 
and end dates of the alien’s detention. 
(2) The place where the alien was apprehended. 
(3) The gender and age of the alien. 
(4) Each location where U.S. Customs and Bor-
der Protection detains the alien until the alien is re-
leased from custody or removed from the United 
States, including any period of redetention. 
(5) The number of days that the alien is de-
tained in the custody of U.S. Customs and Border 
Protection. 
(6) The immigration charges that are the basis 
for the alien’s removal proceedings while the alien is 
in the custody of U.S. Customs and Border Protec-
tion. 
(7) The initial custody determination by U.S. 
Customs and Border Protection, including whether 
the alien received notice of a custody determination 
or review, when the custody determination or review 
took place, and whether U.S. Customs and Border 
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815 
Protection offered the option of stipulated removal 
to a detained alien. 
(8) The reason for the alien’s release from de-
tention and the conditions of release to detention im-
posed on the alien, if applicable. 
(e) REPORTING REQUIREMENTS.— 
(1) PERIODIC
REPORTS.—The Assistant Sec-
retary, the Director of the Executive Office of Immi-
gration Review, and the Commissioner shall periodi-
cally, but not less frequently than annually, submit 
to Congress a report containing a summary of the 
information required to be maintained by this sec-
tion. Each such report shall include summaries of 
national-level data as well as summaries of the infor-
mation required by this section by State and county. 
(2) OTHER REPORTS.—The Assistant Secretary 
shall report to Congress not less frequently than an-
nually on— 
(A) the number of aliens detained for more 
than 3 months, 6 months, 1 year, and 2 years; 
and 
(B) the average period of detention before 
receipt of a final administrative order of re-
moval and after receipt of such an order. 
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816 
(3) AVAILABILITY TO PUBLIC.—The reports re-
quired under this subsection and the information for 
each alien on which the reports are based shall be 
made available to the public without the need to sub-
mit a request under section 552 of title 5, United 
States Code (commonly referred to as the ‘‘Freedom 
of Information Act’’). 
(4) PRIVACY PROTECTIONS.—No alien’s identity 
may be disclosed when information described in 
paragraph (3) is made publicly available. 
(f) DEFINITIONS.—In this section: 
(1) CASE OUTCOME.—The term ‘‘case outcome’’ 
includes a grant of relief from deportation under 
section 240A of the Immigration and Nationality 
Act (8 U.S.C. 1229b), voluntary departure pursuant 
to section 240B of that Act (8 U.S.C. 1229c), re-
moval pursuant to section 238 of that Act (8 U.S.C. 
1228), judicial termination of proceedings, termi-
nation of proceedings by U.S. Immigration and Cus-
toms Enforcement, cancellation of the notice to ap-
pear, or permission to withdraw application for ad-
mission without any removal order being issued. 
(2) PLACE
WHERE
THE
ALIEN
WAS
APPRE-
HENDED.—The term ‘‘place where the alien was ap-
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817 
prehended’’ refers to the city, county, and State 
where an alien is apprehended. 
(3) REASON FOR THE ALIEN’S RELEASE FROM 
DETENTION.—The term ‘‘reason for the alien’s re-
lease from detention’’ refers to release on bond, on 
an alien’s own recognizance, on humanitarian 
grounds, after grant of relief, or due to termination 
of proceedings or removal. 
(4) REMOVAL
PROCEEDINGS.—The term ‘‘re-
moval proceedings’’ refers to a removal case of any 
kind, including expedited removal, administrative re-
moval, stipulated removal, reinstatement, and vol-
untary removal and removals in which an applicant 
is permitted to withdraw his or her application for 
admission. 
(5) STAGE.—The term ‘‘stage’’, with respect to 
a proceeding, refers to whether the alien is in pro-
ceedings before an immigration judge, the Board of 
Immigration Appeals, a United States court of ap-
peals, or on remand from a United States court of 
appeals. 
SEC. 3721. POWERS OF IMMIGRATION OFFICERS AND EM-
PLOYEES AT SENSITIVE LOCATIONS. 
Section 287 (8 U.S.C. 1357) is amended by adding 
at the end the following: 
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818 
‘‘(i)(1) In order to ensure individuals’ access to sen-
sitive locations, this subsection applies to enforcement ac-
tions by officers and agents of U.S. Immigration and Cus-
toms Enforcement and officers and agents of U.S. Cus-
toms and Border Protection. 
‘‘(2)(A) An enforcement action may not take place 
at, or be focused on, a sensitive location, except as follows: 
‘‘(i) Under exigent circumstances. 
‘‘(ii) If prior approval is obtained. 
‘‘(B) If an enforcement action is taking place pursu-
ant to subparagraph (A) and the condition permitting the 
enforcement action ceases, the enforcement action shall 
cease. 
‘‘(3)(A) When proceeding with an enforcement action 
at or near a sensitive location, officers and agents referred 
to in paragraph (1) shall conduct themselves as discreetly 
as possible, consistent with officer and public safety, and 
make every effort to limit the time at or focused on the 
sensitive location. 
‘‘(B) If, in the course of an enforcement action that 
is not initiated at or focused on a sensitive location, offi-
cers or agents are led to or near a sensitive location, and 
no exigent circumstance exists, such officers or agents 
shall conduct themselves in a discreet manner, maintain 
surveillance, and immediately consult their supervisor be-
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819 
fore taking any further enforcement action, in order to 
determine whether such action should be discontinued. 
‘‘(C) This section not apply to the transportation of 
an individual apprehended at or near a land or sea border 
to a hospital or healthcare provider for the purpose of pro-
viding such individual medical care. 
‘‘(4)(A) Each official specified in subparagraph (B) 
shall ensure that the employees under the supervision of 
such official receive annual training on compliance with 
the requirements of this subsection in enforcement actions 
at or focused on sensitive locations and enforcement ac-
tions that lead officers or agents to or near a sensitive 
location. 
‘‘(B) The officials specified in ths subparagraph are 
the following: 
‘‘(i) The Chief Counsel of U.S. Immigration 
and Customs Enforcement. 
‘‘(ii) The Field Office Directors of U.S. Immi-
gration and Customs Enforcement. 
‘‘(iii) Each Special Agent in Charge of U.S. Im-
migration and Customs Enforcement. 
‘‘(iv) Each Chief Patrol Agent of U.S. Customs 
and Border Protection. 
‘‘(v) The Director of Field Operations of U.S. 
Customs and Border Protection. 
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‘‘(vi) The Director of Air and Marine Oper-
ations of U.S. Customs and Border Protection. 
‘‘(vii) The Internal Affairs Special Agent in 
Charge of U.S. Customs and Border Protection. 
‘‘(5)(A) The Director of U.S. Immigration and Cus-
toms Enforcement and the Commissioner of U.S. Customs 
and Border Protection shall each submit to the appro-
priate committees of Congress each year a report on the 
enforcement actions undertaken by U.S. Immigration and 
Customs Enforcement and U.S. Customs and Border Pro-
tection, respectively, during the preceding year that were 
covered by this subsection. 
‘‘(B) Each report on an agency for a year under this 
paragraph shall set forth the following: 
‘‘(i) The number of enforcement actions at or 
focused on a sensitive location. 
‘‘(ii) The number of enforcement actions where 
officers or agents were subsequently led to or near 
a sensitive location. 
‘‘(iii) The date, site, and State, city, and county 
in which each enforcement action covered by clause 
(i) or (ii) occurred. 
‘‘(iv) The component of the agency responsible 
for each such enforcement action. 
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‘‘(v) A description of the intended target of 
each such enforcement action. 
‘‘(vi) The number of individuals, if any, ar-
rested or taken into custody through each such en-
forcement action. 
‘‘(vii) The number of collateral arrests, if any, 
from each such enforcement action and the reasons 
for each such arrest. 
‘‘(viii) A certification of whether the location 
administrator was contacted prior to, during, or 
after each such enforcement action. 
‘‘(C) Each report under this paragraph shall be made 
available to the public without the need to submit a re-
quest under section 552 of title 5, United States Code 
(commonly referred to as the ‘Freedom of Information 
Act’). 
‘‘(6) In this subsection: 
‘‘(A) The term ‘appropriate committees of Con-
gress’ means— 
‘‘(i) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(ii) the Committee on the Judiciary of the 
Senate; 
‘‘(iii) the Committee on Homeland Security 
of the House of Representatives; and 
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‘‘(iv) the Committee on the Judiciary of 
the House of Representatives. 
‘‘(B) The term ‘enforcement action’ means an 
arrest, interview, search, or surveillance for the pur-
poses of immigration enforcement, and includes an 
enforcement action at, or focused on, a sensitive lo-
cation that is part of a joint case led by another law 
enforcement agency. 
‘‘(C) The term ‘exigent circumstances’ means a 
situation involving the following: 
‘‘(i) The imminent risk of death, violence, 
or physical harm to any person, including a sit-
uation implicating terrorism or the national se-
curity of the United States in some other man-
ner. 
‘‘(ii) The immediate arrest or pursuit of a 
dangerous felon, terrorist suspect, or other indi-
vidual presenting an imminent danger or public 
safety risk. 
‘‘(iii) The imminent risk of destruction of 
evidence that is material to an ongoing criminal 
case. 
‘‘(D) The term ‘prior approval’ means the fol-
lowing: 
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‘‘(i) In the case of officers and agents of 
U.S. Immigration and Customs Enforcement, 
prior written approval for a specific, targeted 
operation from one of the following officials: 
‘‘(I) The Assistant Director of Oper-
ations, Homeland Security Investigations. 
‘‘(II) The Executive Associate Direc-
tor of Homeland Security Investigations. 
‘‘(III) The Assistant Director for 
Field Operations, Enforcement, and Re-
moval Operations. 
‘‘(IV) The Executive Associate Direc-
tor for Field Operations, Enforcement, and 
Removal Operations. 
‘‘(ii) In the case of officers and agents of 
U.S. Customs and Border Protection, prior 
written approval for a specific, targeted oper-
ation from one of the following officials: 
‘‘(I) A Chief Patrol Agent. 
‘‘(II) The Director of Field Oper-
ations. 
‘‘(III) The Director of Air and Marine 
Operations 
‘‘(IV) The Internal Affairs Special 
Agent in Charge. 
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‘‘(E) The term ‘sensitive location’ includes the 
following: 
‘‘(i) Hospitals and health clinics. 
‘‘(ii) Public and private schools (including 
pre-schools, primary schools, secondary schools, 
postsecondary schools (including colleges and 
universities), and other institutions of learning 
such as vocational or trade schools). 
‘‘(iii) Organizations assisting children, 
pregnant women, victims of crime or abuse, or 
individuals with mental or physical disabilities. 
‘‘(iv) Churches, synagogues, mosques, and 
other places of worship, such as buildings 
rented for the purpose of religious services. 
‘‘(v) Such other locations as the Secretary 
of Homeland Security shall specify for purposes 
of this subsection.’’. 
Subtitle H—Protection of Children 
Affected by Immigration En-
forcement 
SEC. 3801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Humane Enforce-
ment and Legal Protections for Separated Children Act’’ 
or the ‘‘HELP Separated Children Act’’. 
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SEC. 3802. DEFINITIONS. 
In this subtitle: 
(1) APPREHENSION.—The term ‘‘apprehension’’ 
means the detention or arrest by officials of the De-
partment or cooperating entities. 
(2) CHILD.—The term ‘‘child’’ means an indi-
vidual who has not attained 18 years of age. 
(3) CHILD
WELFARE
AGENCY.—The term 
‘‘child welfare agency’’ means a State or local agen-
cy responsible for child welfare services under sub-
titles B and E of title IV of the Social Security Act 
(42 U.S.C. 601 et seq.). 
(4) COOPERATING ENTITY.—The term ‘‘cooper-
ating entity’’ means a State or local entity acting 
under agreement with the Secretary. 
(5) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Director. 
(6) IMMIGRATION ENFORCEMENT ACTION.—The 
term ‘‘immigration enforcement action’’ means the 
apprehension of 1 or more individuals whom the De-
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partment has reason to believe are removable from 
the United States by the Secretary or a cooperating 
entity. 
(7) PARENT.—The term ‘‘parent’’ means a bio-
logical or adoptive parent of a child, whose parental 
rights have not been relinquished or terminated 
under State law or the law of a foreign country, or 
a legal guardian under State law or the law of a for-
eign country. 
SEC. 3803. APPREHENSION PROCEDURES FOR IMMIGRA-
TION ENFORCEMENT-RELATED ACTIVITIES. 
(a) APPREHENSION PROCEDURES.—In any immigra-
tion enforcement action, the Secretary and cooperating en-
tities shall— 
(1) as soon as possible, but generally not later 
than 2 hours after an immigration enforcement ac-
tion, inquire whether an individual is a parent or 
primary caregiver of a child in the United States 
and provide any such individuals with— 
(A) the opportunity to make a minimum of 
2 telephone calls to arrange for the care of such 
child in the individual’s absence; and 
(B) contact information for— 
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(i) child welfare agencies and family 
courts in the same jurisdiction as the child; 
and 
(ii) consulates, attorneys, and legal 
service providers capable of providing free 
legal advice or representation regarding 
child welfare, child custody determinations, 
and immigration matters; 
(2) notify the child welfare agency with jurisdic-
tion over the child if the child’s parent or primary 
caregiver is unable to make care arrangements for 
the child or if the child is in imminent risk of seri-
ous harm; 
(3) ensure that personnel of the Department 
and cooperating entities do not, absent medical ne-
cessity or extraordinary circumstances, compel or re-
quest children to interpret or translate for interviews 
of their parents or of other individuals who are en-
countered as part of an immigration enforcement ac-
tion; and 
(4) ensure that any parent or primary caregiver 
of a child in the United States— 
(A) absent medical necessity or extraor-
dinary circumstances, is not transferred from 
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his or her area of apprehension until the indi-
vidual— 
(i) has made arrangements for the 
care of such child; or 
(ii) if such arrangements are unavail-
able or the individual is unable to make 
such arrangements, is informed of the care 
arrangements made for the child and of a 
means to maintain communication with the 
child; 
(B) absent medical necessity or extraor-
dinary circumstances, and to the extent prac-
ticable, is placed in a detention facility either— 
(i) proximate to the location of appre-
hension; or 
(ii) proximate to the individual’s ha-
bitual place of residence; and 
(C) receives due consideration of the best 
interests of such child in any decision or action 
relating to his or her detention, release, or 
transfer between detention facilities. 
(b) REQUESTS TO STATE AND LOCAL ENTITIES.— 
If the Secretary requests a State or local entity to hold 
in custody an individual whom the Department has reason 
to believe is removable pending transfer of that individual 
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to the custody of the Secretary or to a detention facility, 
the Secretary shall also request that the State or local en-
tity provide the individual the protections specified in 
paragraphs (1) and (2) of subsection (a), if that individual 
is found to be the parent or primary caregiver of a child 
in the United States. 
(c) PROTECTIONS
AGAINST
TRAFFICKING
PRE-
SERVED.—The provisions of this section shall not be con-
strued to impede, delay, or in any way limit the obligations 
of the Secretary, the Attorney General, or the Secretary 
of Health and Human Services under section 235 of the 
William Wilberforce Trafficking Victims Protection Reau-
thorization Act of 2008 (8 U.S.C. 1232) or section 462 
of the Homeland Security Act of 2002 (6 U.S.C. 279). 
SEC. 3804. ACCESS TO CHILDREN, STATE AND LOCAL 
COURTS, CHILD WELFARE AGENCIES, AND 
CONSULAR OFFICIALS. 
At all detention facilities, the Secretary shall— 
(1) prominently post in a manner accessible to 
detainees and visitors and include in detainee hand-
books information on the protections of this subtitle 
as well as information on potential eligibility for pa-
role or release; 
(2) absent extraordinary circumstances, ensure 
that individuals who are detained by the Department 
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and are parents of children in the United States 
are— 
(A) permitted regular phone calls and con-
tact visits with their children; 
(B) provided with contact information for 
child welfare agencies and family courts in the 
relevant jurisdictions; 
(C) able to participate fully and, to the ex-
tent possible, in person in all family court pro-
ceedings and any other proceedings that may 
impact their right to custody of their children; 
(D) granted free and confidential telephone 
calls to relevant child welfare agencies and fam-
ily courts as often as is necessary to ensure 
that the best interest of their children, includ-
ing a preference for family unity whenever ap-
propriate, can be considered in child welfare 
agency or family court proceedings; 
(E) able to fully comply with all family 
court or child welfare agency orders impacting 
custody of their children; 
(F) provided access to United States pass-
port applications or other relevant travel docu-
ment applications for the purpose of obtaining 
travel documents for their children; 
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(G) afforded timely access to a notary pub-
lic for the purpose of applying for a passport 
for their children or executing guardianship or 
other agreements to ensure the safety of their 
children; and 
(H) granted adequate time before removal 
to obtain passports, apostilled birth certificates, 
travel documents, and other necessary records 
on behalf of their children if such children will 
accompany them on their return to their coun-
try of origin or join them in their country of or-
igin; and 
(3) where doing so would not impact public 
safety or national security, facilitate the ability of 
detained alien parents and primary caregivers to 
share information regarding travel arrangements 
with their consulate, children, child welfare agencies, 
or other caregivers in advance of the detained alien 
individual’s departure from the United States. 
SEC. 3805. MANDATORY TRAINING. 
The Secretary, in consultation with the Secretary of 
Health and Human Services, the Secretary of State, the 
Attorney General, and independent child welfare and fam-
ily law experts, shall develop and provide training on the 
protections required under sections 3803 and 3804 to all 
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personnel of the Department, cooperating entities, and de-
tention facilities operated by or under agreement with the 
Department who regularly engage in immigration enforce-
ment actions and in the course of such actions come into 
contact with individuals who are parents or primary care-
givers of children in the United States. 
SEC. 3806. RULEMAKING. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall promulgate regula-
tions to implement sections 3803 and 3804 of this Act. 
SEC. 3807. SEVERABILITY. 
If any provision of this subtitle or amendment made 
by this subtitle, or the application of a provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remainder of this subtitle and amendments 
made by this subtitle, and the application of the provisions 
and amendment to any person or circumstance, shall not 
be affected by the holding. 
TITLE IV—REFORMS TO NON-
IMMIGRANT VISA PROGRAMS 
Subtitle A—Employment-Based 
Nonimmigrant Visas 
SEC. 4101. MARKET-BASED H–1B VISA LIMITS. 
(a) IN
GENERAL.—Section 214(g) (8 U.S.C. 
1184(g)) is amended— 
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(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘(beginning with fiscal year 
1992)’’; and 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) under section 101(a)(15)(H)(i)(b) 
may not exceed the sum of— 
‘‘(i) the base allocation calculated 
under paragraph (9)(A); and 
‘‘(ii) the allocation adjustment cal-
culated under paragraph (9)(B); and’’; 
(2) by redesignating paragraph (10) as sub-
paragraph (D) of paragraph (9); 
(3) by redesignating paragraph (9) as para-
graph (10); and 
(4) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9)(A) Except as provided in subparagraph (C), the 
base allocation of nonimmigrant visas under section 
101(a)(15)(H)(i)(b) for each fiscal year shall be equal 
to— 
‘‘(i) the sum of— 
‘‘(I) the base allocation for the most re-
cently completed fiscal year; and 
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‘‘(II) the allocation adjustment under sub-
paragraph (B) for the most recently completed 
fiscal year; 
‘‘(ii) if the number calculated under clause (i) 
is less than 115,000, 115,000; or 
‘‘(iii) if the number calculated under clause (i) 
is more than 180,000, 180,000. 
‘‘(B)(i) If the number of cap-subject nonimmigrant 
visa 
petitions 
accepted 
for 
filing 
under 
section 
101(a)(15)(H)(i)(b) during the first 45 days petitions may 
be filed for a fiscal year is equal to the base allocation 
for such fiscal year, an additional 20,000 such visas shall 
be made available beginning on the 46th day on which pe-
titions may be filed for such fiscal year. 
‘‘(ii) If the base allocation of cap-subject non-
immigrant visa petitions accepted for filing under section 
101(a)(15)(H)(i)(b) for a fiscal year is reached during the 
15-day period ending on the 60th day on which petitions 
may be filed for such fiscal year, an additional 15,000 
such visas shall be made available beginning on the 61st 
day on which petitions may be filed for such fiscal year. 
‘‘(iii) If the base allocation of cap-subject non-
immigrant visa petitions accepted for filing under section 
101(a)(15)(H)(i)(b) for a fiscal year is reached during the 
30-day period ending on the 90th day on which petitions 
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may be filed for such fiscal year, an additional 10,000 
such visas shall be made available beginning on the 91st 
day on which petitions may be filed for such fiscal year. 
‘‘(iv) If the base allocation of cap-subject non-
immigrant visa petitions accepted for filing under section 
101(a)(15)(H)(i)(b) for a fiscal year is reached during the 
185-day period ending on the 275th day on which peti-
tions may be filed for such fiscal year, an additional 5,000 
such visas shall be made available beginning on the date 
on which such allocation is reached. 
‘‘(v) If the number of cap-subject nonimmigrant visa 
petitions 
accepted 
for 
filing 
under 
section 
101(a)(15)(H)(i)(b) for a fiscal year is at least 5,000 
fewer than the base allocation, but is not more than 9,999 
fewer than the base allocation, the allocation adjustment 
for the following fiscal year shall be ¥5,000. 
‘‘(vi) If the number of cap-subject nonimmigrant visa 
petitions 
accepted 
for 
filing 
under 
section 
101(a)(15)(H)(i)(b) for a fiscal year is at least 10,000 
fewer than the base allocation, but not more than 14,999 
fewer than the base allocation, the allocation adjustment 
for the following fiscal year shall be ¥10,000. 
‘‘(vii) If the number of cap-subject nonimmigrant visa 
petitions 
accepted 
for 
filing 
under 
section 
101(a)(15)(H)(i)(b) for a fiscal year is at least 15,000 
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fewer than the base allocation, but not more than 19,999 
fewer than the base allocation, the allocation adjustment 
for the following fiscal year shall be ¥15,000. 
‘‘(viii) If the number of cap-subject nonimmigrant 
visa 
petitions 
accepted 
for 
filing 
under 
section 
101(a)(15)(H)(i)(b) for a fiscal year is at least 20,000 
fewer than the base allocation, the allocation adjustment 
for the following fiscal year shall be ¥20,000. 
‘‘(C) An allocation adjustment under clause (i), (ii), 
(iii), or (iv) of subparagraph (B)— 
‘‘(i) may not increase the total number of non-
immigrant visas available for any fiscal year under 
section 101(a)(15)(H)(i)9b) above 180,000; and 
‘‘(ii) may not take place to make additional 
nonimmigrant visas available for any fiscal year in 
which the national occupational unemployment rate 
for ‘Management, Professional, and Related Occupa-
tions’, as published by the Bureau of Labor Statis-
tics each month, averages 4.5 percent or greater 
over the 12-month period preceding the date of the 
Secretary’s determination of whether the cap should 
be increased or decreased.’’. 
(b) INCREASE
IN ALLOCATION
FOR STEM NON-
IMMIGRANTS.—Section 
214(g)(5)(C) 
(8 
U.S.C. 
1184(g)(5)(C)) is amended to read as follows: 
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‘‘(C) has earned a master’s or higher degree, in 
a field of science, technology, engineering, or math 
included in the Department of Education’s Classi-
fication of Instructional Programs taxonomy within 
the summary groups of computer and information 
sciences and support services, engineering, mathe-
matics and statistics, biological and biomedical 
sciences, and physical sciences, 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)) until the number of aliens who are 
exempted from such numerical limitation during 
such year exceed 25,000.’’. 
(c) PUBLICATION.— 
(1) DATA SUMMARIZING PETITIONS.—The Sec-
retary shall timely upload to a public website data 
that summarizes the adjudication of nonimmigrant 
petitions under section 101(a)(15)(H)(i)(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) during each fiscal year. 
(2) ANNUAL NUMERICAL LIMITATION.—As soon 
as practicable and no later than March 2 of each fis-
cal year, the Secretary shall publish in the Federal 
Register the numerical limitation determined under 
section 214(g)(1)(A) for such fiscal year. 
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(d) EFFECTIVE
DATE
AND
APPLICATION.—The 
amendments made by subsection (a) shall take effect on 
the first day of the first fiscal year beginning after the 
date of the enactment of this Act and apply to applications 
for nonimmigrant visas under section 101(a)(15)(H)(i)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) for such fiscal year. 
SEC. 4102. EMPLOYMENT AUTHORIZATION FOR DEPEND-
ENTS 
OF 
EMPLOYMENT-BASED 
NON-
IMMIGRANTS. 
Section 214(c) (8 U.S.C. 1184(c)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) in paragraph (2), by amending subpara-
graph (E) to read as follows: 
‘‘(E)(i) In the case of an alien spouse admitted under 
section 101(a)(15)(L), who is accompanying or following 
to join a principal alien admitted under such section, the 
Secretary of Homeland Security shall— 
‘‘(I) authorize the alien spouse to engage in em-
ployment in the United States; and 
‘‘(II) provide the spouse with an ‘employment 
authorized’ endorsement or other appropriate work 
permit. 
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‘‘(ii) In the case of an alien spouse admitted under 
section 101(a)(15)(H)(i)(b), who is accompanying or fol-
lowing to join a principal alien admitted under such sec-
tion, the Secretary of Homeland Security shall— 
‘‘(I) authorize the alien spouse to engage in em-
ployment in the United States; and 
‘‘(II) provide such a spouse with an ‘employ-
ment authorized’ endorsement or other appropriate 
work permit, if appropriate. 
‘‘(iii)(I) Upon the request of the Secretary of State, 
the Secretary of Homeland Security may suspend employ-
ment authorizations under clause (ii) to nationals of a for-
eign country that does not permit reciprocal employment 
to nationals of the United States who are accompanying 
or following to join the employment-based nonimmigrant 
husband or wife of such spouse to be employed in such 
foreign country based on that status. 
‘‘(II) In subclause (I), the term ‘employment-based 
nonimmigrant’ means an individual who is admitted to a 
foreign country to perform employment similar to the em-
ployment described in section 101(a)(15)(H)(i)(b).’’. 
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SEC. 4103. ELIMINATING IMPEDIMENTS TO WORKER MO-
BILITY. 
(a) DEFERENCE
TO PRIOR APPROVALS.—Section 
214(c) (8 U.S.C. 1184(c)), as amended by section 4102, 
is further amended by adding at the end the following: 
‘‘(15) Subject to paragraph (2)(D) and subsection (g) 
and section 104(c) and subsections (a) and (b) of section 
106 of the American Competitiveness in the Twenty-first 
Century Act of 2000 (Public Law 106–313; 8 U.S.C. 1184 
note), the Secretary of Homeland Security shall give def-
erence to a prior approval of a petition in reviewing a peti-
tion to extend the status of a nonimmigrant admitted 
under subparagraph (H)(i)(b) or (L) of section 101(a)(15) 
if the petition involves the same alien and petitioner unless 
the Secretary determines that— 
‘‘(A) there was a material error with regard to 
the previous petition approval; 
‘‘(B) a substantial change in circumstances has 
taken place; 
‘‘(C) new material information has been discov-
ered that adversely impacts the eligibility of the em-
ployer or the nonimmigrant; or 
‘‘(D) in the Secretary’s discretion, such exten-
sion should not be approved.’’. 
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(b) EFFECT OF EMPLOYMENT TERMINATION.—Sec-
tion 214(n) (8 U.S.C. 1184(n)) is amended by adding at 
the end the following: 
‘‘(3) A nonimmigrant admitted under section 
101(a)(15)(H)(i)(b) whose employment relationship termi-
nates before the expiration of the nonimmigrant’s period 
of authorized admission shall be deemed to have retained 
such legal status throughout the entire 60-day period be-
ginning on the date such employment is terminated. A 
nonimmigrant who files a petition to extend, change, or 
adjust their status at any point during such period shall 
be deemed to have lawful status under section 
101(a)(15)(H)(i)(b) while that petition is pending.’’. 
(c) VISA REVALIDATION.—Section 222(c) (8 U.S.C. 
1202(c)) is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Every alien’’; 
and 
(2) by adding at the end the following: 
‘‘(2) The Secretary of State may, at the Secretary’s 
discretion, renew in the United States the visa of an alien 
admitted under subparagraph (A), (E), (G), (H), (I), (L), 
(N), (O), (P), (R), or (W) of section 101(a)(15) if the 
alien has remained eligible for such status and qualifies 
for a waiver of interview as provided for in subsection 
(h)(1)(D).’’. 
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(d) INTERVIEW WAIVERS FOR LOW RISK VISA AP-
PLICANTS.—Section 222(h)(1) (8 U.S.C. 1202(h)(1)) is 
amended— 
(1) in subparagraph (B)(iv), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C)(ii), by striking ‘‘and’’ 
at the end and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(D) by the Secretary of State, in con-
sultation with the Secretary of Homeland Secu-
rity, for such aliens or classes of aliens— 
‘‘(i) that the Secretary determines 
generally represent a low security risk; 
‘‘(ii) for which an in-person interview 
would not add material benefit to the adju-
dication process; 
‘‘(iii) unless the Secretary of State, 
after a review of all standard database and 
biometric checks, the visa application, and 
other supporting documents, determines 
that an interview is unlikely to reveal de-
rogatory information; and 
‘‘(iv) except that in every case, the 
Secretary of State retains the right to re-
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quire an applicant to appear for an inter-
view; and’’. 
SEC. 4104. STEM EDUCATION AND TRAINING. 
(a) 
FEE.—Section 
212(a)(5)(A) 
(8 
U.S.C. 
1182(a)(5)(A)) is amended by adding at the end the fol-
lowing: 
‘‘(v) FEE.—An employer shall submit, 
along with an application for a certification 
under this subparagraph, a fee of $1,000, 
which shall be deposited in the STEM 
Education and Training Account estab-
lished under section 286(w).’’. 
(b) H–1B NONIMMIGRANT PETITIONER ACCOUNT.— 
Section 286(s) (8 U.S.C. 1356(s)) is amended by striking 
paragraphs (3) and (4) and inserting the following: 
‘‘(3) LOW-INCOME
STEM
SCHOLARSHIP
PRO-
GRAM.— 
‘‘(A) IN GENERAL.—Thirty percent of the 
amounts deposited into the H–1B Non-
immigrant Petitioner Account shall remain 
available to the Director of the National Science 
Foundation until expended for scholarships de-
scribed in section 414(d) of the American Com-
petitiveness and Workforce Improvement Act of 
1998 (42 U.S.C. 1869c) for low-income stu-
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dents enrolled in a program of study leading to 
a degree in science, technology, engineering, or 
mathematics. 
‘‘(B) STEM EDUCATION FOR UNDERREP-
RESENTED.—The Director shall work in con-
sultation with, or direct scholarship funds 
through, national nonprofit organizations that 
primarily focus on science, technology, engineer-
ing, or mathematics education for underrep-
resented groups, such as women and minorities. 
‘‘(C) LOAN FORGIVENESS.—The Director 
may expend funds from the Account for pur-
poses of loan forgiveness or repayment of stu-
dent loans which led to a low-income student 
obtaining a degree in science, technology, engi-
neering, mathematics, or other high demand 
fields. 
‘‘(4) NATIONAL SCIENCE FOUNDATION GRANT 
PROGRAM FOR K–12 SCIENCE, TECHNOLOGY, ENGI-
NEERING, AND MATHEMATICS EDUCATION.— 
‘‘(A) IN
GENERAL.—Ten percent of the 
amounts deposited into the H–1B Non-
immigrant Petitioner Account shall remain 
available to the Director of the National Science 
Foundation until expended to carry out a direct 
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or matching grant program to support improve-
ment in K–12 education, including through pri-
vate-public partnerships. Grants awarded pur-
suant to this paragraph shall include formula 
based grants that target lower income popu-
lations with a focus on reaching women and mi-
norities. 
‘‘(B) TYPES
OF
PROGRAMS
COVERED.— 
The Director shall award grants to programs 
that— 
‘‘(i) support the development and im-
plementation of standards-based instruc-
tional materials models and related student 
assessments that enable K–12 students to 
acquire an understanding of science, tech-
nology, engineering, and mathematics, and 
to develop critical thinking skills; 
‘‘(ii) provide systemic improvement in 
training K–12 teachers and education for 
students in science, technology, engineer-
ing, and mathematics, including by sup-
porting efforts to promote gender-equality 
among students receiving such instruction; 
‘‘(iii) support the professional develop-
ment of K–12 science, technology, engi-
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neering, and mathematics teachers in the 
use of technology in the classroom; 
‘‘(iv) stimulate systemwide K–12 re-
form of science, technology, engineering, 
and mathematics in urban, rural, and eco-
nomically disadvantaged regions of the 
United States; 
‘‘(v) provide externships and other op-
portunities for students to increase their 
appreciation and understanding of science, 
technology, engineering, and mathematics 
(including summer institutes sponsored by 
an institution of higher education for stu-
dents in grades 7 through 12 that provide 
instruction in such fields); 
‘‘(vi) involve partnerships of industry, 
educational institutions, and national or 
regional community based organizations 
with demonstrated experience addressing 
the educational needs of disadvantaged 
communities; 
‘‘(vii) provide college preparatory sup-
port to expose and prepare students for ca-
reers in science, technology, engineering, 
and mathematics; or 
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‘‘(viii) provide for carrying out sys-
temic 
reform 
activities 
under 
section 
3(a)(1) of the National Science Foundation 
Act of 1950 (42 U.S.C. 1862(a)(1)).’’. 
(c) USE OF FEE.—Section 286 (8 U.S.C. 1356) is 
amended by adding at the end the following: 
‘‘(w) STEM EDUCATION AND TRAINING ACCOUNT.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘STEM Education and 
Training Account’. Notwithstanding any other sec-
tion of this title, there shall be deposited as offset-
ting receipts into the Account all of the fees col-
lected under section 212(a)(5)(A)(v). 
‘‘(2) PURPOSES.— 
‘‘(A) IN GENERAL.—The purposes of the 
STEM Education and Training Account are to 
enhance the economic competitiveness of the 
United States by— 
‘‘(i) strengthening STEM education, 
including in computer science, at all levels; 
‘‘(ii) ensuring that schools have access 
to well-trained and effective STEM teach-
ers; 
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‘‘(iii) supporting efforts to strengthen 
the elementary and secondary curriculum, 
including efforts to make courses in com-
puter science more broadly available; and 
‘‘(iv) helping colleges and universities 
produce more graduates in fields needed by 
American employers. 
‘‘(B) DEFINED TERM.—In this paragraph, 
the term ‘STEM education’ means instruction 
in a field of science, technology, engineering or 
math included in the Department of Edu-
cation’s Classification of Instructional Pro-
grams taxonomy within the summary groups of 
computer and information sciences and support 
services, engineering, mathematics and statis-
tics, biological and biomedical sciences, and 
physical sciences. 
‘‘(3) ALLOCATIONS
TO
STATES
AND
TERRI-
TORIES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Education shall 
proportionately allocate 70 percent of the 
amounts deposited into the STEM Education 
and Training Account each fiscal year to the 50 
States, the District of Columbia, the Common-
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wealth of Puerto Rico, Guam, the United States 
Virgin Islands, American Samoa, and the 
Northern Mariana Islands in an amount that 
bears the same relationship as the proportion 
the State, district, or territory received under 
subpart 2 of part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 
U.S.C. 6331 et seq.) for the preceding fiscal 
year bears to the amount all States and terri-
tories received under that subpart for the pre-
ceding fiscal year. 
‘‘(B) MINIMUM ALLOCATIONS.—No State 
or territory shall receive less than an amount 
equal to 0.5 percent of the total amount made 
available to all States from the STEM Edu-
cation and Training Account. If a State or ter-
ritory does not request an allocation from the 
Account for a fiscal year, the Secretary shall re-
allocate the State’s allocation to the remaining 
States and territories in accordance with this 
paragraph. 
‘‘(C) USE OF FUNDS.—Amounts allocated 
pursuant to this paragraph may be used for the 
activities described in section 4104(c) of the 
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Border Security, Economic Opportunity, and 
Immigration Modernization Act. 
‘‘(4) STEM CAPACITY BUILDING AT MINORITY- 
SERVING INSTITUTIONS.— 
‘‘(A) IN GENERAL.—The Secretary of Edu-
cation shall allocate 20 percent of the amounts 
deposited into the STEM Education and Train-
ing Account to establish or expand programs to 
award grants to institutions described in sub-
paragraph (C)— 
‘‘(i) to enhance the quality of under-
graduate science, technology, engineering, 
and mathematics education at such institu-
tions; and 
‘‘(ii) to increase the retention and 
graduation rates of students pursuing de-
grees in such fields at such institutions. 
‘‘(B) TYPES
OF
PROGRAMS
COVERED.— 
Grants awarded under this paragraph shall be 
awarded to— 
‘‘(i) minority-serving institutions of 
higher education for— 
‘‘(I) activities to improve courses 
and curriculum in science, technology, 
engineering, and mathematics; 
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‘‘(C) INSTITUTIONS
INCLUDED.—In this 
paragraph, the term ‘institutions’ shall in-
clude— 
‘‘(i) colleges eligible to receive funds 
under the Act of August 30, 1890 (7 
U.S.C. 321–326a and 328), including 
Tuskegee University; 
‘‘(ii) 1994 Institutions, as defined in 
section 532 of the Equity in Educational 
Land-Grant Status Act of 1994 (7 U.S.C. 
301 note); 
‘‘(iii) part B institutions (as defined 
in section 322 of the Higher Education 
Act of 1965 (20 U.S.C. 1061)); and 
‘‘(iv) Hispanic-serving institutions, as 
defined in section 502(a)(5) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1101a(a)(5)). 
‘‘(D) GRANTING
OF
BONDING
AUTHOR-
ITY.—A recipient of a grant awarded under this 
paragraph is authorized to utilize such funds 
for the issuance of bonds to fund research in-
frastructure development. 
‘‘(E) LOAN FORGIVENESS.—The Director 
may expend funds from the allocation under 
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this paragraph for purposes of loan forgiveness 
or repayment of student loans which led to a 
low-income student obtaining a degree in 
science, technology, engineering, mathematics, 
or other high demand fields. 
‘‘(5) WORKFORCE
INVESTMENT.—The Sec-
retary of Education shall allocate 5 percent of the 
amounts deposited into the STEM Education and 
Training Account to the Secretary of Labor until ex-
pended for statewide workforce investment activities 
that may also benefit veterans and their spouses, in-
cluding youth activities and statewide employment 
and training and activities for adults and dislocated 
workers described in section 128(a) of the Workforce 
Investment Act of 1998 (29 U.S.C. 2853(a)), and 
the development of licensing and credentialing pro-
grams. 
‘‘(6) AMERICAN DREAM ACCOUNTS.—The Sec-
retary of Education shall allocate 3 percent of the 
amounts deposited into the STEM Education and 
Training Account to award grants, on a competitive 
basis, to eligible entities to enable such eligible enti-
ties to establish and administer American Dream 
Accounts under section 4104(e) of the Illegal Immi-
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gration Reform and Immigrant Responsibility Act of 
1996. 
‘‘(7) ADMINISTRATION
EXPENSES.—The Sec-
retary of Education may expend up to 2 percent of 
the amounts deposited into the STEM Education 
and Training Account for administrative expenses, 
including conducting an annual evaluation of the im-
plementation and impact of the activities funded by 
the STEM Education and Training Account as re-
quired under section 4104(c)(3) of the Border Secu-
rity, Economic Opportunity, and Immigration Mod-
ernization Act.’’. 
(d) STEM EDUCATION GRANTS.— 
(1) APPLICATION PROCESS.— 
(A) IN
GENERAL.—Each Governor and 
Chief State School Officer desiring an allocation 
from the STEM Education and Training Ac-
count under section 286(w)(3) of the Immigra-
tion and Nationality Act, as added by sub-
section (b), shall jointly submit a plan, includ-
ing a proposed budget, signed by the Governor 
and Chief State School Officer, to the Secretary 
of Education at such time, in such form, and 
including such information as the Secretary of 
Education may prescribe pursuant to subpara-
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855 
graph (B). The plan shall describe how the 
State plans to improve STEM education to 
meet the needs of students and employers in 
the State. 
(B) RULEMAKING.—The Secretary of Edu-
cation shall issue a rule, through a rulemaking 
procedure that complies with section 553 of 
title 5, United States Code, prescribing the in-
formation that should be included in the State 
plans submitted under subparagraph (A). 
(2) ALLOWABLE ACTIVITIES.—A State, district, 
or territory that receives funding from the STEM 
Education and Training Account may use such 
funding to develop and implement science, tech-
nology, engineering, and mathematics (STEM) ac-
tivities to serve students, including students of 
underrepresented groups such as minorities, eco-
nomically disadvantaged, and females by— 
(A) strengthening the State’s STEM aca-
demic achievement standards; 
(B) implementing strategies for the re-
cruitment, training, placement, and retention of 
teachers in STEM fields, including computer 
science; 
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(C) carrying out initiatives designed to as-
sist students in succeeding and graduating from 
postsecondary STEM programs; 
(D) improving the availability and access 
to STEM-related worker training programs, in-
cluding community college courses and pro-
grams; 
(E) forming partnerships with higher edu-
cation, economic development, workforce, indus-
try, and local educational agencies; or 
(F) engaging in other activities, as deter-
mined by the State, in consultation with busi-
nesses and State agencies, to improve STEM 
education. 
(3) NATIONAL EVALUATION.— 
(A) IN
GENERAL.—Using amounts allo-
cated under section 286(w)(7) of the Immigra-
tion and Nationality Act, as added by sub-
section (b), the Secretary of Education shall 
conduct, directly or through a grant or con-
tract, an annual evaluation of the implementa-
tion and impact of the activities funded by the 
STEM Education and Training Account. 
(B) ANNUAL
REPORT.—The Secretary 
shall submit a report describing the results of 
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each evaluation conducted under subparagraph 
(A) to— 
(i) the President; 
(ii) the Committee on the Judiciary of 
the Senate; 
(iii) the Committee on the Judiciary 
of the House of Representatives; 
(iv) the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; 
and 
(v) the Committee on Education and 
the Workforce of the House of Representa-
tives. 
(C) DISSEMINATION.—The Secretary shall 
make the findings of the evaluation widely 
available to educators, the business community, 
and the public. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to permit the Secretary 
of Education or any other Federal official to approve 
the content or academic achievement standards of a 
State. 
(e) AMERICAN DREAM ACCOUNTS.— 
(1) DEFINITIONS.—In this subsection: 
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credit toward a secondary school diploma and a 
postsecondary degree or credential. 
(E) ELIGIBLE ENTITY.—The term ‘‘eligible 
entity’’ means— 
(i) a State educational agency; 
(ii) a local educational agency; 
(iii) a charter school or charter man-
agement organization; 
(iv) an institution of higher education; 
(v) a nonprofit organization; 
(vi) an entity with demonstrated expe-
rience in educational savings or in assist-
ing low-income students to prepare for, 
and attend, an institution of higher edu-
cation; or 
(vii) a consortium of 2 or more of the 
entities described in clause (i) through (vi). 
(F) 
ESEA 
DEFINITIONS.—The 
terms 
‘‘local educational agency’’, ‘‘parent’’, and 
‘‘State educational agency’’ have the meanings 
given the terms in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801) and the term ‘‘charter school’’ 
has the meaning given the term in section 5210 
of such Act. 
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(G) 
INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘‘institution of higher edu-
cation’’ has the meaning given the term in sec-
tion 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a)). 
(H) LOW-INCOME
STUDENT.—The term 
‘‘low-income student’’ means a student who is 
eligible to receive a free or reduced price lunch 
under the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.). 
(2) GRANT PROGRAM.— 
(A) PROGRAM
AUTHORIZED.—The Sec-
retary of Education is authorized to award 
grants, on a competitive basis, to eligible enti-
ties to enable such eligible entities to establish 
and administer American Dream Accounts for a 
group of low-income students. 
(B) RESERVATION.—From the amount 
made available each fiscal year to carry out this 
section under section 286(w)(6) of the Immi-
gration and Nationality Act, the Secretary of 
Education shall reserve not more than 5 per-
cent of such amount to carry out the evaluation 
activities described in paragraph (5)(A). 
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(C) DURATION.—A grant awarded under 
this subsection shall be for a period of not more 
than 3 years. The Secretary of Education may 
extend such grant for an additional 2-year pe-
riod if the Secretary of Education determines 
that the eligible entity has demonstrated signifi-
cant progress, based on the factors described in 
paragraph (3)(B)(xi). 
(3) APPLICATIONS; PRIORITY.— 
(A) IN GENERAL.—Each eligible entity de-
siring a grant under this subsection shall sub-
mit an application to the Secretary of Edu-
cation at such time, in such manner, and con-
taining such information as the Secretary of 
Education may require. 
(B) 
CONTENTS.—The 
application 
de-
scribed in subparagraph (A) shall include— 
(i) a description of the characteristics 
of a group of not less than 30 low-income 
public school students who— 
(I) are, at the time of the appli-
cation, attending a grade not higher 
than grade 9; and 
(II) will, under the grant, receive 
an American Dream Account; 
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(ii) a description of how the eligible 
entity will engage, and provide support 
(such as tutoring and mentoring for stu-
dents, and training for teachers and other 
stakeholders) either online or in person, 
to— 
(I) the students in the group de-
scribed in clause (i); 
(II) the family members and 
teachers of such students; and 
(III) other stakeholders such as 
school 
administrators 
and 
school 
counselors; 
(iii) an identification of partners who 
will assist the eligible entity in establishing 
and sustaining American Dream Accounts; 
(iv) a description of what experience 
the eligible entity or the eligible entity’s 
partners have in managing college savings 
accounts, preparing low-income students 
for postsecondary education, managing on-
line systems, and teaching financial lit-
eracy; 
(v) a description of how the eligible 
entity will help increase the value of the 
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college savings account portion of each 
American Dream Account, such as by pro-
viding matching funds or incentives for 
academic achievement; 
(vi) a description of how the eligible 
entity will notify each participating student 
in the group described in subparagraph 
(A), on a semiannual basis, of the current 
balance and status of the student’s college 
savings account portion of the student’s 
American Dream Account; 
(vii) a plan that describes how the eli-
gible entity will monitor participating stu-
dents in the group described in clause (i) 
to ensure that each student’s American 
Dream Account will be maintained if a stu-
dent in such group changes schools before 
graduating from secondary school; 
(viii) a plan that describes how the 
American Dream Accounts will be man-
aged for not less than 1 year after a ma-
jority of the students in the group de-
scribed in clause (i) graduate from sec-
ondary school; 
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(ix) a description of how the eligible 
entity will encourage students in the group 
described in clause (i) who fail to graduate 
from secondary school to continue their 
education; 
(x) a description of how the eligible 
entity will evaluate the grant program, in-
cluding by collecting, as applicable, data 
about the students in the group described 
in clause (i) during the grant period, and, 
if sufficient grant funds are available, after 
the grant period, including 
(I) attendance rates; 
(II) progress reports; 
(III) grades and course selec-
tions; 
(IV) the student graduation rate 
(as 
defined 
in 
section 
1111 
(b)(2)(C)(vi) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(2)(C)(vi))); 
(V) rates of student completion 
of the Free Application for Federal 
Student Aid described in section 483 
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867 
(C) PRIORITY.—In awarding grants under 
this subsection, the Secretary of Education 
shall give priority to applications from eligible 
entities that— 
(i) 
are 
described 
in 
paragraph 
(1)(E)(vii); 
(ii) serve the largest number of low-in-
come students; 
(iii) emphasize preparing students to 
pursue careers in science, technology, engi-
neering, or mathematics; or 
(iv) in the case of an eligible entity 
described in clause (i) or (ii) of paragraph 
(1)(E), provide opportunities for partici-
pating students described in clause (i) to 
participate in a dual enrollment program 
at no cost to the student. 
(4) AUTHORIZED ACTIVITIES.— 
(A) IN GENERAL.—An eligible entity that 
receives a grant under this subsection shall use 
such grant funds to establish an American 
Dream Account for each participating student 
described in paragraph (3)(B)(i), which will be 
used to— 
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technology, engineering, and mathe-
matics majors; and 
(VI) adapting to life at an insti-
tution of higher education; and 
(v) provide opportunities for such stu-
dents, either online or in person, to iden-
tify skills or interests, including career in-
terests. 
(B) ACCESS
TO
AMERICAN
DREAM
AC-
COUNT.— 
(i) IN
GENERAL.—Subject to clause 
(iii) and (iv), and in accordance with appli-
cable Federal laws and regulations relating 
to privacy of information and the privacy 
of children, an eligible entity that receives 
a grant under this subsection shall allow 
vested stakeholders described in clause (ii), 
to have secure access, through the Inter-
net, to an American Dream Account. 
(ii) VESTED
STAKEHOLDERS.—The 
vested stakeholders that an eligible entity 
shall permit to access an American Dream 
Account are individuals (such as the stu-
dent’s teachers, school counselors, coun-
selors at an institution of higher education, 
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871 
school administrators, or other individuals) 
that are designated, in accordance with the 
Family Educational Rights and Privacy 
Act of 1974 (20 U.S.C. 1232g), by the 
parent of a participating student in whose 
name such American Dream Account is 
held, as having permission to access the 
account. A student’s parent may withdraw 
such designation from an individual at any 
time. 
(iii) EXCEPTION FOR COLLEGE SAV-
INGS ACCOUNT.—An eligible entity that re-
ceives a grant under this subsection shall 
not be required to give vested stakeholders 
described in clause (ii), access to the col-
lege savings account portion of a student’s 
American Dream Account. 
(iv) 
ADULT
STUDENTS.—Notwith-
standing clause (i) through (iii), if a par-
ticipating student is age 18 or older, an el-
igible entity that receives a grant under 
this subsection shall not provide access to 
such 
participating 
student’s 
American 
Dream Account without the student’s con-
sent, in accordance with the Family Edu-
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872 
cational Rights and Privacy Act of 1974 
(20 U.S.C. 1232g). 
(v) INPUT
OF
STUDENT
INFORMA-
TION.—Student data collected pursuant to 
subparagraph (A)(ii)(I) may only be en-
tered into an American Dream Account by 
a school administrator or such administra-
tor’s designee. 
(C) PROHIBITION ON USE OF STUDENT IN-
FORMATION.—An eligible entity that receives a 
grant under this subsection may not use any 
student-level information or data for the pur-
pose of soliciting, advertising, or marketing any 
financial or nonfinancial consumer product or 
service that is offered by such eligible entity, or 
on behalf of any other person. 
(D) LIMITATION ON THE USE OF GRANT 
FUNDS.—An eligible entity shall not use more 
than 25 percent of the grant funds provided 
under this subsection to provide the initial de-
posit into a college savings account portion of 
a student’s American Dream Account. 
(5) REPORTS AND EVALUATIONS.— 
(A) IN GENERAL.—Not later than 1 year 
after the Secretary of Education has disbursed 
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873 
grants under this subsection, and annually 
thereafter, the Secretary of Education shall pre-
pare and submit a report to the appropriate 
committees of Congress that includes an evalua-
tion of the effectiveness of the grant program 
established under this subsection. 
(B) CONTENTS.—The report described in 
subparagraph (A) shall— 
(i) list the grants that have been 
awarded under paragraph (2)(A); 
(ii) include the number of students 
who have an American Dream Account es-
tablished through a grant awarded under 
paragraph (2)(A); 
(iii) provide data (including the inter-
est accrued on college savings accounts 
that are part of an American Dream Ac-
count) in the aggregate, regarding stu-
dents who have an American Dream Ac-
count established through a grant awarded 
under paragraph (2)(A), as compared to 
similarly situated students who do not have 
an American Dream Account; 
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874 
(iv) identify best practices developed 
by the eligible entities receiving grants 
under this subsection; 
(v) identify any issues related to stu-
dent privacy and stakeholder accessibility 
to American Dream Accounts; 
(vi) provide feedback from partici-
pating students and the parents of such 
students about the grant program, includ-
ing— 
(I) the impact of the program; 
(II) aspects of the program that 
are successful; 
(III) aspects of the program that 
are not successful; and 
(IV) any other data required by 
the Secretary of Education; and 
(vii) provide recommendations for ex-
panding the American Dream Accounts 
program. 
(6) ELIGIBILITY
TO
RECEIVE
FEDERAL
STU-
DENT FINANCIAL AID.—Notwithstanding any other 
provision of law, any funds that are in the college 
savings account portion of a student’s American 
Dream Account shall not affect such student’s eligi-
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875 
bility to receive Federal student financial aid, includ-
ing any Federal student financial aid under the 
Higher Education Act of 1965 (20 U.S.C. 1001), 
and shall not be considered in determining the 
amount of any such Federal student aid. 
(f) CONFORMING AMENDMENT.—Section 480(j) of 
the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) 
is amended by adding at the end the following: 
‘‘(5) Notwithstanding paragraph (1), amounts 
made available under the college savings account 
portion of an American Dream Account under sec-
tion 4105(e)(4) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 shall not 
be treated as estimated financial assistance for pur-
poses of section 471(3).’’. 
SEC. 4105. H–1B AND L VISA FEES. 
Section 281 (8 U.S.C. 1351) is amended— 
(1) by striking ‘‘The fees’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The fees’’; 
(2) by striking ‘‘: Provided, That nonimmigrant 
visas’’ and inserting the following: ‘‘. 
‘‘(b) UNITED NATIONS VISITORS.—Nonimmigrant 
visas’’; 
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876 
(3) by striking ‘‘Subject to’’ and inserting the 
following: 
‘‘(c) FEE WAIVERS OR REDUCTIONS.—Subject to’’; 
and 
(4) by adding at the end the following: 
‘‘(d) H–1B AND L VISA FEES.—In addition to the 
fees authorized under subsection (a), the Secretary of 
Homeland Security shall collect, from each employer (ex-
cept for nonprofit research institutions and nonprofit edu-
cational institutions) filing a petition to hire non-
immigrants described in subparagraph (H)(i)(B) or (L) 
of section 101(a)(15), a fee in an amount equal to— 
‘‘(1) $1,250 for each such petition filed by any 
employer with not more than 25 full-time equivalent 
employees in the United States; and 
‘‘(2) $2,500 for each such petition filed by any 
employer with more than 25 such employees.’’. 
Subtitle B—H–1B Visa Fraud and 
Abuse Protections 
CHAPTER 1—H–1B EMPLOYER 
APPLICATION REQUIREMENTS 
SEC. 4211. MODIFICATION OF APPLICATION REQUIRE-
MENTS. 
(a) GENERAL APPLICATION REQUIREMENTS.— 
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877 
(1) WAGE
RATES.—Section 212(n)(1)(A) (8 
U.S.C. 1182(n)(1)(A)) is amended— 
(A) in clause (i)— 
(i) in the matter preceding subclause 
(I), by inserting ‘‘if the employer is not an 
H–1B-dependent employer,’’ before ‘‘is of-
fering’’; 
(ii) in subclause (I), by striking 
‘‘question, or’’ and inserting ‘‘question; 
or’’; 
(iii) in subclause (II), by striking 
‘‘employment,’’ and inserting ‘‘employ-
ment;’’ and 
(iv) in the undesignated material fol-
lowing subclause (II), by striking ‘‘applica-
tion, and’’ and inserting ‘‘application;’’; 
and 
(B) by striking clause (ii) and inserting the 
following: 
‘‘(ii) if the employer is an H–1B-dependent 
employer, is offering and will offer to H–1B 
nonimmigrants, during the period of authorized 
employment for each H–1B nonimmigrant, 
wages that are not less than the level 2 wages 
set out in subsection (p); and 
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878 
‘‘(iii) will provide working conditions for 
H–1B nonimmigrants that will not adversely af-
fect the working conditions of other workers 
similarly employed.’’. 
(2) STRENGTHENING
THE
PREVAILING
WAGE 
SYSTEM.—Section 212(p) (8 U.S.C. 1182(p)) is 
amended to read as follows: 
‘‘(p) COMPUTATION OF PREVAILING WAGE LEVEL.— 
‘‘(1) IN GENERAL.— 
‘‘(A) SURVEYS.—For employers of non-
immigrants 
admitted 
pursuant 
to 
section 
101(a)(15)(H)(i)(b), the Secretary of Labor 
shall make available to employers a govern-
mental survey to determine the prevailing wage 
for each occupational classification by metro-
politan statistical area in the United States. 
Such survey, or other survey approved by the 
Secretary of Labor, shall provide 3 levels of 
wages commensurate with experience, edu-
cation, and level of supervision. Such wage lev-
els shall be determined as follows: 
‘‘(i) The first level shall be the mean 
of the lowest two-thirds of wages surveyed, 
but in no case less than 80 percent of the 
mean of the wages surveyed. 
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‘‘(ii) The second level shall be the 
mean of wages surveyed. 
‘‘(iii) The third level shall be the 
mean of the highest two-thirds of wages 
surveyed. 
‘‘(B) 
EDUCATIONAL, 
NONPROFIT, 
RE-
SEARCH, AND
GOVERNMENTAL
ENTITIES.—In 
computing the prevailing wage level for an occu-
pational classification in an area of employment 
for purposes of section 203(b)(1)(D) and sub-
sections 
(a)(5)(A), 
(n)(1)(A)(i)(II), 
and 
(t)(1)(A)(i)(II) of this section in the case of an 
employee of— 
‘‘(i) an institution of higher education, 
or a related or affiliated nonprofit entity; 
or 
‘‘(ii) a nonprofit research organization 
or a governmental research organization; 
the prevailing wage level shall only take into ac-
count employees at such institutions and orga-
nizations in the area of employment. 
‘‘(2) PAYMENT
OF
PREVAILING
WAGE.—The 
prevailing wage level required to be paid pursuant to 
section 203(b)(1)(D) and subsections (a)(5)(A), 
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section 
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880 
shall be 100 percent of the wage level determined 
pursuant to those sections. 
‘‘(3) PROFESSIONAL
ATHLETE.—With respect 
to a professional athlete (as defined in subsection 
(a)(5)(A)(iii)(II)) when the job opportunity is cov-
ered by professional sports league rules or regula-
tions, the wage set forth in those rules or regula-
tions shall be considered as not adversely affecting 
the wages of United States workers similarly em-
ployed and shall be considered the prevailing wage. 
‘‘(4) WAGES FOR H–2B EMPLOYEES.— 
‘‘(A) IN GENERAL.—The wages paid to H– 
2B nonimmigrants employed by the employer 
will be the greater of— 
‘‘(i) the actual wage level paid by the 
employer to other employees with similar 
experience and qualifications for such posi-
tion; or 
‘‘(ii) the prevailing wage level for the 
occupational classification of the position 
in the geographic area of the employment, 
based on the best information available as 
of the time of filing the application. 
‘‘(B) BEST INFORMATION AVAILABLE.—In 
subparagraph (A), the term ‘best information 
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881 
available’, with respect to determining the pre-
vailing wage for a position, means— 
‘‘(i) a controlling collective bargaining 
agreement or Federal contract wage, if ap-
plicable; 
‘‘(ii) if there is no applicable wage 
under clause (i), the wage level commensu-
rate with the experience, training, and su-
pervision required for the job based on Bu-
reau of Labor Statistics data; or 
‘‘(iii) if the data referred to in clause 
(ii) is not available, a legitimate and recent 
private survey of the wages paid for such 
positions in the metropolitan statistical 
area.’’. 
(3) WAGES
FOR
EDUCATIONAL, NONPROFIT, 
RESEARCH, AND
GOVERNMENTAL
ENTITIES.—Sec-
tion 212 (8 U.S.C. 1182), as amended by sections 
2312 and 2313, is further amended by adding at the 
end the following: 
‘‘(x) DETERMINATION OF PREVAILING WAGE.—In 
the case of a nonprofit institution of higher education (as 
defined in section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))), a related or affiliated non-
profit entity, a nonprofit research organization, or a gov-
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883 
institutions and organizations in the area of employ-
ment.’’. 
(b) INTERNET
POSTING
REQUIREMENT.—Section 
212(n)(1)(C) (8 U.S.C. 1182(n)(1)(C)) is amended— 
(1) by redesignating clause (ii) as subclause 
(II); 
(2) by striking ‘‘(i) has provided’’ and inserting 
the following: 
‘‘(ii)(I) has provided’’; 
(3) by striking ‘‘sought, or’’ and inserting 
‘‘sought; or’’; and 
(4) by inserting before clause (ii), as redesig-
nated by paragraph (2), the following: 
‘‘(i) has advertised on the Internet website 
maintained by the Secretary of Labor for the 
purpose of such advertising, 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 wage ranges and other terms 
and conditions of employment; 
‘‘(II) the minimum education, train-
ing, experience, and other requirements for 
the position; 
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884 
‘‘(III) the process for applying for the 
position; 
‘‘(IV) the title and description of the 
position, including the location where the 
work will be performed; and 
‘‘(V) the name, city, and zip code of 
the employer; and’’. 
(c) APPLICATION OF REQUIREMENTS TO ALL EM-
PLOYERS.— 
(1) NONDISPLACEMENT.—Section 212(n)(1)(E) 
(8 U.S.C. 1182(n)(1)(E)) is amended to read as fol-
lows: 
‘‘(E)(i)(I) In the case of an application filed by 
an employer that is an H–1B skilled worker depend-
ent employer, and is not an H–1B dependent em-
ployer, the employer did not displace and will not 
displace a United States worker employed by the 
employer during the period beginning 90 days before 
the date on which a visa petition supported by the 
application is filed and ending 90 days after such fil-
ing. 
‘‘(II) An employer that is not an H–1B skilled 
worker dependent employer shall not be subject to 
subclause (I) unless— 
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885 
‘‘(aa) the employer is filing the H–1B peti-
tion with the intent or purpose of displacing a 
specific United States worker from the position 
to be occupied by the beneficiary of the petition; 
or 
‘‘(bb) workers are displaced who— 
‘‘(AA) provide services, in whole or in 
part, at 1 or more worksites owned, oper-
ated, or controlled by a Federal, State, or 
local government entity, other than a pub-
lic institution of higher education, that di-
rects and controls the work of the H–1B 
worker; or 
‘‘(BB) are employed as public school 
kindergarten, elementary, middle school, or 
secondary school teachers. 
‘‘(ii)(I) In the case of an application filed by an 
H–1B-dependent employer, the employer did not dis-
place and will not displace a United States worker 
employed by the employer within the period begin-
ning 180 days before the date on which a visa peti-
tion supported by the application is filed and ending 
180 days after such filing. 
‘‘(II) An application described in this clause is 
an application filed on or after the date final regula-
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886 
tions are first promulgated to carry out this sub-
paragraph, and before by an H–1B-dependent em-
ployer (as defined in paragraph (3)) or by an em-
ployer that has been found, on or after the date of 
the enactment of the American Competitiveness and 
Workforce Improvement Act of 1998, under para-
graph (2)(C) or (5) to have committed a willful fail-
ure or misrepresentation during the 5-year period 
preceding the filing of the application. 
‘‘(iii) In this subparagraph, the term ‘job zone’ 
means a zone assigned to an occupation by— 
‘‘(I) the Occupational Information Network 
Database (O*NET) on the date of the enact-
ment of this Act; or 
‘‘(II) such database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of Bor-
der Security, Economic Opportunity, and Immi-
gration Modernization Act.’’. 
(2) RECRUITMENT.—Section 212(n)(1)(G) (8 
U.S.C. 1182(n)(1)(G)) is amended to read as fol-
lows: 
‘‘(G) An employer, prior to filing the applica-
tion— 
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887 
‘‘(i) has taken good faith steps to recruit 
United States workers for the occupational clas-
sification for which the nonimmigrant or non-
immigrants is or are sought, using procedures 
that meet industry-wide standards and offering 
compensation that is at least as great as that 
required to be offered to H–1B nonimmigrants 
under subparagraph (A); 
‘‘(ii) has advertised the job on an Internet 
website maintained by the Secretary of Labor 
for the purpose of such advertising; and 
‘‘(iii) if the employer is an H–1B skilled 
worker dependent employer, has offered the job 
to any United States worker who applies and is 
equally or better qualified for the job for which 
the nonimmigrant or nonimmigrants is or are 
sought.’’. 
(d) 
OUTPLACEMENT.—Section 
212(n)(1)(F) 
(8 
U.S.C. 1182(n)(1)(F)) is amended to read as follows: 
‘‘(F)(i) An H–1B-dependent employer may 
not place, outsource, lease, or otherwise con-
tract for the services or placement of an H–1B 
nonimmigrant employee. 
‘‘(ii) An employer that is not an H–1B-de-
pendent employer and not described in para-
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888 
graph (3)(A)(i) may not place, outsource, lease, 
or otherwise contract for the services or place-
ment of an H–1B nonimmigrant employee un-
less the employer pays a fee of $500 per 
outplaced worker. 
‘‘(iii) A fee collected under clause (ii) shall 
be deposited in the Comprehensive Immigration 
Reform Trust Fund established under section 9 
of the Border Security, Economic Opportunity, 
and Immigration Modernization Act. 
‘‘(iv) An H–1B dependent employer shall 
be exempt from the prohibition on outplacement 
under clause (i) if the employer is a nonprofit 
institution of higher education, a nonprofit re-
search organization, or primarily a health care 
business and is petitioning for a physician, a 
nurse, or a physical therapist or a substantially 
equivalent health care occupation. Such em-
ployer shall be subject to the fee set forth in 
clause (ii).’’. 
(e) H–1B-DEPENDENT EMPLOYER DEFINED.—Sec-
tion 212(n)(3) (8 U.S.C. 1182(n)(3)) is amended to read 
as follows: 
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890 
(1) by redesignating subparagraph (B) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B)(i) For purposes of this subsection, an ‘H–1B 
skilled worker dependent employer’ means an employer 
(other than nonprofit education and research institutions) 
that employs H–1B nonimmigrants in the United States 
in a number that in total is equal to at least 15 percent 
of the number of its full-time equivalent employees in the 
United States employed in occupations contained within 
Occupational Information Network Database (O*NET) 
Job Zone 4 and Job Zone 5. 
‘‘(ii) An H–1B nonimmigrant who is an intending im-
migrant shall be counted as a United States worker in 
making a determination under clause (i).’’. 
(g) INTENDING
IMMIGRANTS
DEFINED.—Section 
101(a) (8 U.S.C. 1101(a)), as amended by section 
3504(a), is further amended by adding at the end the fol-
lowing: 
‘‘(54)(A) The term ‘intending immigrant’ 
means, with respect to the number of aliens em-
ployed by an employer, an alien who intends to work 
and reside permanently in the United States, as evi-
denced by— 
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891 
‘‘(i) a pending or approved application for 
a labor certification filed for such alien by a 
covered employer; or 
‘‘(ii) a pending or approved immigrant sta-
tus petition filed for such alien by a covered 
employer. 
‘‘(B) In this paragraph: 
‘‘(i) The term ‘covered employer’ means an 
employer that has filed immigrant status peti-
tions for not less than 90 percent of current 
employees who were the beneficiaries of applica-
tions for labor certification that were approved 
during the 1-year period ending 6 months be-
fore the filing of an application or petition for 
which the number of intending immigrants is 
relevant. 
‘‘(ii) The term ‘immigrant status petition’ 
means a petition filed under paragraph (1), (2), 
or (3) of section 203(b). 
‘‘(iii) The term ‘labor certification’ means 
an employment certification under section 
212(a)(5)(A). 
‘‘(C) Notwithstanding any other provision of 
law— 
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892 
‘‘(i) for all calculations under this Act, of 
the number of aliens admitted pursuant to sub-
paragraph (H)(i)(b) or (L) of paragraph (15), 
an intending immigrant shall be counted as an 
alien lawfully admitted for permanent residence 
and shall not be counted as an employee admit-
ted pursuant to such a subparagraph; and 
‘‘(ii) for all determinations of the number 
of employees or United States workers em-
ployed by an employer, all of the employees in 
any group treated as a single employer under 
subsection (b), (c), (m), or (o) of section 414 of 
the Internal Revenue Code of 1986 shall be 
counted.’’. 
SEC. 4212. REQUIREMENTS FOR ADMISSION OF NON-
IMMIGRANT NURSES IN HEALTH PROFES-
SIONAL SHORTAGE AREAS. 
(a) EXTENSION OF PERIOD OF AUTHORIZED ADMIS-
SION.—Section 212(m)(3) (8 U.S.C. 1182(m)(3)) is 
amended to read as follows: 
‘‘(3) The initial period of authorized admission as a 
nonimmigrant under section 101(a)(15)(H)(i)(c) shall be 
3 years, and may be extended once for an additional 3- 
year period.’’. 
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(b) NUMBER
OF
VISAS.—Section 212(m)(4) (8 
U.S.C. 1182(m)(4)) is amended by striking ‘‘500.’’ and 
inserting ‘‘300.’’. 
(c) 
PORTABILITY.—Section 
214(n) 
(8 
U.S.C. 
1184(n)), as amended by section 4103(b), is further 
amended by adding at the end the following: 
‘‘(4)(A) A nonimmigrant alien described in subpara-
graph (B) who was previously issued a visa or otherwise 
provided 
nonimmigrant 
status 
under 
section 
101(a)(15)(H)(i)(c) is authorized to accept new employ-
ment performing services as a registered nurse for a facil-
ity described in section 212(m)(6) upon the filing by the 
prospective employer of a new petition on behalf of such 
nonimmigrant as provided under subsection (c). Employ-
ment authorization shall continue for such alien until the 
new petition is adjudicated. If the new petition is denied, 
such authorization shall cease. 
‘‘(B) A nonimmigrant alien described in this para-
graph is a nonimmigrant alien— 
‘‘(i) who has been lawfully admitted into the 
United States; 
‘‘(ii) on whose behalf an employer has filed a 
nonfrivolous petition for new employment before the 
date of expiration of the period of stay authorized by 
the Secretary of Homeland Security, except that, if 
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894 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(i)(c) is terminated or laid off by the 
nonimmigrant’s employer, or otherwise ceases em-
ployment with the employer, such petition for new 
employment shall be filed during the 60-day period 
beginning on the date of such termination, lay off, 
or cessation; and 
‘‘(iii) who, subsequent to such lawful admission, 
has not been employed without authorization in the 
United States before the filing of such petition.’’. 
(d) APPLICABILITY.— 
(1) IN GENERAL.—Beginning on the commence-
ment date described in paragraph (2), the amend-
ments made by section 2 of the Nursing Relief for 
Disadvantaged Areas Act of 1999 (Public Law 106– 
95; 113 Stat. 1313), and the amendments made by 
this section, shall apply to classification petitions 
filed for nonimmigrant status. This period shall be 
in addition to the period described in section 2(e) of 
the Nursing Relief for Disadvantaged Areas Act of 
1999 (8 U.S.C. 1182 note). 
(2) COMMENCEMENT DATE.—Not later than 60 
days after the date of the enactment of this Act, the 
Secretary shall determine whether regulations are 
necessary to implement the amendments made by 
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895 
this section. If the Secretary determines that no 
such regulations are necessary, the commencement 
date described in this paragraph shall be the date of 
such determination. If the Secretary determines that 
regulations are necessary to implement any amend-
ment made by this section, the commencement date 
described in this paragraph shall be the date on 
which such regulations (in final form) take effect. 
SEC. 4213. NEW APPLICATION REQUIREMENTS. 
Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended 
by inserting after clause (iii) of subparagraph (G), as 
amended by section 4211(c)(2), the following: 
‘‘(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 an alien participating in optional 
practical 
training 
pursuant 
to 
section 
101(a)(15)(F)(i); or 
‘‘(II) an individual who is or will be an H– 
1B nonimmigrant or participant in such op-
tional practical training shall receive priority or 
a preference in the hiring process for such posi-
tion. 
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896 
‘‘(ii) The employer has not solely recruited indi-
viduals who are or who will be H–1B nonimmigrants 
or participants in optional practical training pursu-
ant to section 101(a)(15)(F)(i) to fill such position. 
‘‘(I)(i) If the employer (other than an edu-
cational or research employer) employs 50 or more 
employees in the United States, the sum of the num-
ber 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— 
‘‘(I) 75 percent of the total number of em-
ployees, for fiscal year 2015; 
‘‘(II) 65 percent of the total number of 
employees, for fiscal year 2016; and 
‘‘(III) 50 percent of the total number of 
employees, for each fiscal year after fiscal year 
2016. 
‘‘(ii) In this subparagraph: 
‘‘(I) The term ‘educational or research em-
ployer’ means an employer that is a nonprofit 
institution of higher education or a nonprofit 
research organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
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897 
and exempt from taxation under 501(a) of that 
Code. 
‘‘(II) The term ‘H–1B nonimmigrant’ 
means an alien admitted as a nonimmigrant 
pursuant to section 101(a)(15)(H)(i)(b). 
‘‘(III) The term ‘L nonimmigrant’ means 
an alien admitted as a nonimmigrant pursuant 
to section 101(a)(15)(L) to provide services to 
his or her employer involving specialized knowl-
edge. 
‘‘(iii) In determining the percentage of employ-
ees of an employer that are H–1B nonimmigrants or 
L nonimmigrants under clause (i), an intending im-
migrant employee shall not count toward such per-
centage. 
‘‘(J) The employer shall submit to the Sec-
retary of Homeland Security an annual report that 
includes the Internal Revenue Service Form W–2 
Wage and Tax Statement filed by the employer for 
each H–1B nonimmigrant employed by the employer 
during the previous year.’’. 
SEC. 4214. APPLICATION REVIEW REQUIREMENTS. 
(a) TECHNICAL AMENDMENT.—Section 212(n)(1) (8 
U.S.C. 1182(n)(1)), as amended by section 4213, is fur-
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898 
ther 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 evidence of fraud or 
misrepresentation of material fact,’’; 
(3) by striking ‘‘or obviously inaccurate’’ and 
inserting ‘‘, presents evidence of fraud or misrepre-
sentation of material fact, or is obviously inac-
curate’’; 
(4) by striking ‘‘within 7 days of the’’ and in-
serting ‘‘not later than 14 days after’’; and 
(5) by adding at the end the following: ‘‘If the 
Secretary’s review of an application identifies evi-
dence of fraud or misrepresentation of material fact, 
the Secretary may conduct an investigation and 
hearing in accordance with paragraph (2).’’. 
(c) FILING
OF
PETITION
FOR
NONIMMIGRANT 
WORKER.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)), as 
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899 
amended by section 4213, is further amended by adding 
at the end the following: 
‘‘(L) An I–129 Petition for Nonimmigrant 
Worker (or similar successor form)— 
‘‘(i) may be filed by an employer with the 
Secretary of Homeland Security prior to the 
date the employer receives an approved certifi-
cation described in section 101(a)(15)(H)(i)(b) 
from the Secretary of Labor; and 
‘‘(ii) may not be approved by the Secretary 
of Homeland Security until the date such cer-
tification is approved.’’. 
CHAPTER 2—INVESTIGATION AND DIS-
POSITION OF COMPLAINTS AGAINST 
H–1B EMPLOYERS 
SEC. 4221. GENERAL MODIFICATION OF PROCEDURES FOR 
INVESTIGATION AND DISPOSITION. 
Section 212(n) (8 U.S.C. 1182(n)) is amended— 
(1) in paragraph (2)(A)— 
(A) by striking ‘‘(A) Subject’’ and insert-
ing ‘‘(A)(i) Subject’’; 
(B) by inserting after the first sentence 
the following: ‘‘Such process shall include publi-
cizing a dedicated toll-free number and publicly 
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900 
available Internet website for the submission of 
such complaints.’’; 
(C) by striking ‘‘12 months’’ and inserting 
‘‘24 months’’; 
(D) by striking the last sentence and in-
serting the following: ‘‘The Secretary shall issue 
regulations requiring that employers that em-
ploy H–1B nonimmigrants, other than non-
profit institutions of higher education and non-
profit research organizations, through posting 
of notices or other appropriate means, inform 
their employees of such toll-free number and 
Internet website and of their right to file com-
plaints pursuant to this paragraph.’’; and 
(E) 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 voluntary 
surveys of the degree to which employers com-
ply with the requirements of this subsection. 
‘‘(III) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of each employer with more than 100 
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901 
employees who work in the United States 
if more than 15 percent of such employees 
are H–1B nonimmigrants; and 
‘‘(bb) make available to the public an 
executive summary or report describing the 
general findings of the audits carried out 
pursuant to this subclause.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) REPORT
REQUIRED.—Not later than 1 
year after the date of the enactment of the Border 
Security, Economic Opportunity, and Immigration 
Modernization Act, and every 5 years thereafter, the 
Inspector General of the Department of Labor shall 
submit a report regarding the Secretary’s enforce-
ment of the requirements of this section to the Com-
mittee on the Judiciary and the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate and the Committee on the Judiciary and the 
Committee on Education and the Workforce of the 
House of Representatives.’’. 
SEC. 4222. INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES. 
Subparagraph (C) of section 212(n)(2) (8 U.S.C. 
1182(n)(2)) is amended— 
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902 
(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 
(A), (B), (C)(i), (E), (F), (G), (H), (I), or 
(J) of paragraph (1)’’; and 
(ii) by striking ‘‘(1)(C)’’ and inserting 
‘‘(1)(C)(ii)’’; 
(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’’; and 
(D) by adding at the end the following: 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to any employee 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 
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903 
(ii) by striking ‘‘$5,000’’ and insert-
ing ‘‘$10,000’’; 
(B) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; and 
(C) by adding at the end the following: 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to any employee harmed by 
such violations for lost wages and benefits.’’; 
(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 any em-
ployee harmed by such violations for lost wages and 
benefits.’’; 
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904 
(4) in clause (iv)— 
(A) by inserting ‘‘to take, or threaten to 
take, a personnel action, or’’ before ‘‘to intimi-
date’’; 
(B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 
(C) by adding at the end the following: 
‘‘(II) An employer that violates this clause shall 
be liable to any 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 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 
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905 
in accordance with the same criteria, as the em-
ployer offers to similarly situated United States 
workers, benefits and eligibility for benefits, in-
cluding— 
‘‘(AA) the opportunity to participate 
in health, life, disability, and other insur-
ance plans; 
‘‘(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. 4223. INITIATION OF INVESTIGATIONS. 
Subparagraph (G) of section 212(n)(2) (8 U.S.C. 
1182(n)(2)) is amended— 
(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 
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906 
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 
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 
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907 
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-
ployer has violated the requirements under this sub-
section, the Secretary shall impose a penalty under 
subparagraph (C).’’. 
SEC. 4224. INFORMATION SHARING. 
Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended 
by sections 4222 and 4223, is further amended by adding 
at the end the following: 
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908 
‘‘(J) 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 adjudica-
tion process that indicates that the employer is not com-
plying with visa program requirements for H–1B non-
immigrants. The Secretary of Labor may initiate and con-
duct an investigation related to H–1B nonimmigrants and 
a hearing under this paragraph after receiving information 
of noncompliance under this subparagraph. This subpara-
graph may not be construed to prevent the Secretary of 
Labor from taking action related to wage and hour and 
workplace safety laws. 
‘‘(K) The Secretary of Labor shall facilitate the post-
ing of the descriptions described in paragraph (1)(C)(i) 
on the Internet website of the State labor or workforce 
agency for the State in which the position will be primarily 
located during the same period as the posting under para-
graph (1)(C)(i).’’. 
SEC. 4225. TRANSPARENCY OF HIGH-SKILLED IMMIGRA-
TION PROGRAMS. 
Section 416(c) of the American Competitiveness and 
Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) 
is amended— 
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909 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) ANNUAL
H–1B
NONIMMIGRANT
CHARAC-
TERISTICS
REPORT.—The Bureau of Immigration 
and Labor Market Research shall submit an annual 
report to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the 
House of Representatives that contains— 
‘‘(A) information on the countries of origin 
of, occupations of, educational levels attained 
by, and compensation paid to, aliens who were 
issued 
visas 
or 
otherwise 
provided 
non-
immigrant 
status 
under 
section 
101(a)(15)(H)(i)(b) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) during the previous fiscal 
year; 
‘‘(B) a list of all employers who petition 
for H–1B visas, the number of such petitions 
filed and approved for each such employer, the 
occupational classifications for the approved po-
sitions, and the number of H–1B non-
immigrants for whom each such employer files 
for adjustment to permanent resident status; 
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910 
‘‘(C) the number of immigrant status peti-
tions filed during the prior year on behalf of H– 
1B nonimmigrants; 
‘‘(D) a list of all employers who are H–1B- 
dependent employers; 
‘‘(E) a list of all employers who are H–1B 
skilled worker dependent employers; 
‘‘(F) a list of all employers for whom more 
than 30 percent of their United States work-
force is H–1B or L–1 nonimmigrants; 
‘‘(G) a list of all employers for whom more 
than 50 percent of their United States work-
force is H–1B or L–1 nonimmigrants; 
‘‘(H) a gender breakdown by occupation 
and by country of H–1B nonimmigrants; 
‘‘(I) a list of all employers who have been 
approved to conduct outplacement of H–1B 
nonimmigrants; and 
‘‘(J) the number of H–1B nonimmigrants 
categorized by their highest level of education 
and whether such education was obtained in the 
United States or in a foreign country.’’; 
(2) by redesignating paragraph (3) as para-
graph (5); 
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(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) ANNUAL L–1 NONIMMIGRANT CHARACTER-
ISTICS REPORT.—The Bureau of Immigration and 
Labor Market Research shall submit an annual re-
port to the Committee on the Judiciary of the Sen-
ate and the Committee on the Judiciary of the 
House of Representatives that contains— 
‘‘(A) information on the countries of origin 
of, occupations of, educational levels attained 
by, and compensation paid to, aliens who were 
issued 
visas 
or 
otherwise 
provided 
–non-
immigrant status under section 101(a)(15)(L) 
of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(L)) during the previous fis-
cal year; 
‘‘(B) a list of all employers who petition 
for L–1 visas, the number of such petitions 
filed and approved for each such employer, the 
occupational classifications for the approved po-
sitions, and the number of L–1 nonimmigrants 
for whom each such employer files for adjust-
ment to permanent resident status; 
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‘‘(C) the number of immigrant status peti-
tions filed during the prior year on behalf of L– 
1 nonimmigrants; 
‘‘(D) a list of all employers who are L–1 
dependent employers; 
‘‘(E) a gender breakdown by occupation 
and by country of L–1 nonimmigrants; 
‘‘(F) a list of all employers who have been 
approved to conduct outplacement of L–1 non-
immigrants; and 
‘‘(G) 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. 
‘‘(4) ANNUAL
EMPLOYER
SURVEY.—The Bu-
reau of Immigration and Labor Market Research 
shall— 
‘‘(A) conduct an annual survey of employ-
ers hiring foreign nationals under the L–1 visa 
program; and 
‘‘(B) shall issue an annual report that— 
‘‘(i) describes the methods employers 
are using to meet the requirement of tak-
ing good faith steps to recruit United 
States workers for the occupational classi-
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fication for which the nonimmigrants are 
sought, using procedures that meet indus-
try-wide standards; 
‘‘(ii) describes the best practices for 
recruiting among employers; and 
‘‘(iii) contains recommendations on 
which recruiting steps employers can take 
to maximize the likelihood of hiring Amer-
ican workers.’’; and 
(4) in paragraph (5), as redesignated, by strik-
ing ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) 
and (3)’’. 
CHAPTER 3—OTHER PROTECTIONS 
SEC. 4231. POSTING AVAILABLE POSITIONS THROUGH THE 
DEPARTMENT OF LABOR. 
(a) DEPARTMENT
OF LABOR WEBSITE.—Section 
212(n) (8 U.S.C. 1182(n)), as amended by section 
4221(2), is further amended by adding at the end fol-
lowing: 
‘‘(7)(A) Not later than 90 days after the date of the 
enactment of the Border Security, Economic Opportunity, 
and Immigration Modernization Act, 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. 
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‘‘(B) The Secretary may work with private companies 
or nonprofit organizations to develop and operate the 
Internet website described in subparagraph (A). 
‘‘(C) The Secretary may promulgate rules, after no-
tice and a period for comment, to carry out the require-
ments 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 (6) of section 212(n) of the Immigration and Na-
tionality Act, as amended by subsection (a), will be oper-
ational. 
(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. 4232. REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L NONIMMIGRANTS. 
(a) IN GENERAL.—Section 214 (8 U.S.C. 1184), as 
amended by section 3608, is further amended by adding 
at the end the following: 
‘‘(t) REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L NONIMMIGRANTS.— 
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‘‘(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) 
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; and 
‘‘(B) the contact information for appro-
priate Federal agencies or departments that 
offer additional information or assistance in 
clarifying such obligations and rights. 
‘‘(2) PROVISION OF MATERIAL.—Upon the ap-
proval of an application of an applicant referred to 
in paragraph (1), the applicant shall be provided 
with the material described in subparagraphs (A) 
and (B) of paragraph (1)— 
‘‘(A) by the issuing officer of the Depart-
ment of Homeland Security, if the applicant is 
inside the United States; or 
‘‘(B) by the appropriate official of the De-
partment of State, if the applicant is outside 
the United States. 
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‘‘(3) EMPLOYER TO PROVIDE IMMIGRATION PA-
PERWORK EXCHANGED WITH FEDERAL AGENCIES.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after a labor condition application is filed 
under section 212(n)(1), an employer shall pro-
vide an employee or beneficiary of such applica-
tion who is or seeking nonimmigrant status 
under subparagraph (H)(i)(b) or (L) of section 
101(a)(15) with a copy the original of all appli-
cations and petitions filed by the employer with 
the Department of Labor or the Department of 
Homeland Security for such employee or bene-
ficiary. 
‘‘(B) WITHHOLDING
OF
FINANCIAL
OR 
PROPRIETARY
INFORMATION.—If a document 
required to be provided to an employee or bene-
ficiary under subparagraph (A) includes any fi-
nancial or propriety information of the em-
ployer, the employer may redact such informa-
tion from the copies provided to 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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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. 4233. FILING FEE FOR H–1B-DEPENDENT EMPLOYERS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, there shall be a fee required to be submitted 
by an employer with an application for admission of an 
H–1B nonimmigrant as follows: 
(1) For each fiscal year beginning in fiscal year 
2015, $5,000 for applicants that employ 50 or more 
employees in the United States if more than 30 per-
cent and less than 50 percent of the applicant’s em-
ployees are H–1B nonimmigrants or L non-
immigrants. 
(2) For each of the fiscal years 2015 through 
2017, $10,000 for applicants that employ 50 or 
more employees in the United States if more than 
50 percent and less than 75 percent of the appli-
cant’s employees are H–1B nonimmigrants or L 
nonimmigrants. Fees collected under this paragraph 
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shall be deposited in the Comprehensive Immigration 
Reform Trust Fund established under section 
9(a)(1). 
(b) DEFINITIONS.—In this section: 
(1) EMPLOYER.—The term ‘‘employer’’— 
(A) means any entity or entities treated as 
a single employer under subsection (b), (c), 
(m), or (o) of section 414 of the Internal Rev-
enue Code of 1986; and 
(B) does not include a nonprofit institution 
of higher education or a nonprofit research or-
ganization described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and exempt 
from taxation under 501(a) of that Code that 
is— 
(i) an institution of higher education 
(as defined in section 101(a) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1001(a))); or 
(ii) a research organization. 
(2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 
nonimmigrant’’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(H)(i)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)). 
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(3) INTENDING
IMMIGRANT.—The term ‘‘in-
tending immigrant’’ has the meaning given that 
term in paragraph (54)(A) of section 101(a)(54)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)). 
(4) L NONIMMIGRANT.—The term ‘‘L non-
immigrant’’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(L) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(L)) to provide services to the alien’s 
employer involving specialized knowledge. 
(c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 
determining the percentage of employees of an employer 
that are H–1B nonimmigrants or L nonimmigrants under 
subsection (a), an intending immigrant employee shall not 
count toward such percentage. 
(d) CONFORMING AMENDMENT.—Section 402 of the 
Act entitled ‘‘An Act making emergency supplemental ap-
propriations for border security for the fiscal year ending 
September 30, 2010, and for other purposes’’, approved 
August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 
note) is amended by striking subsection (b). 
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920 
SEC. 4234. PROVIDING PREMIUM PROCESSING OF EMPLOY-
MENT-BASED VISA PETITIONS. 
Pursuant to section 286(u) of the Immigration and 
Nationality Act (8 U.S.C. 1356(u)), the Secretary shall 
establish and collect— 
(1) a fee for premium processing of employ-
ment-based immigrant petitions; and 
(2) a fee for premium processing of an adminis-
trative appeal of any decision on a permanent em-
ployment-based immigrant petition. 
SEC. 4235. TECHNICAL CORRECTION. 
Section 212 (8 U.S.C. 1182) is amended by redesig-
nating the second subsection (t), as added by section 
1(b)(2)(B) of the Act entitled ‘‘An Act to amend and ex-
tend the Irish Peace Process Cultural and Training Pro-
gram Act of 1998’’ (Public Law 108–449 (118 Stat. 
3470)), as subsection (u). 
SEC. 4236. APPLICATION. 
(a) IN GENERAL.—Except as otherwise specifically 
provided, the amendments made by this subtitle shall 
apply to applications filed on or after the date of the en-
actment of this Act. 
(b) SPECIAL REQUIREMENTS.—Notwithstanding any 
other provision of law, the amendments made by section 
4211(c) shall not apply to any application or petition filed 
by an employer on behalf of an existing employee. 
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SEC. 4237. PORTABILITY FOR BENEFICIARIES OF IMMI-
GRANT PETITIONS. 
(a) INCREASED PORTABILITY.—Section 204(j) (8 
U.S.C. 1154(j)) is amended— 
(1) by amending the subsection heading to read 
as follows: 
‘‘(j) INCREASED PORTABILITY.—’’; 
(2) by striking ‘‘A petition’’ and inserting the 
following: 
‘‘(1) LONG DELAYED APPLICANTS FOR ADJUST-
MENT OF STATUS.—A petition’’; and 
(3) by adding at the end the following: 
‘‘(2) PORTABILITY FOR BENEFICIARIES OF IM-
MIGRANT PETITIONS.—Regardless of whether an em-
ployer withdraws a petition approved under para-
graph (1), (2), or (3) of section 203(b)— 
‘‘(A) the petition shall remain valid with 
respect to a new job if— 
‘‘(i) the beneficiary changes jobs or 
employers after the petition is approved; 
and 
‘‘(ii) the new job is in the same or a 
similar occupational classification as the 
job for which the petition was approved; 
and 
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‘‘(B) the employer’s legal obligations with 
respect to the petition shall terminate at the 
time the beneficiary changes jobs or employers. 
‘‘(3) 
DOCUMENTATION.—The 
Secretary 
of 
Labor shall develop a mechanism to provide the ben-
eficiary or prospective employer with sufficient infor-
mation to determine whether a new position or job 
is in the same or similar occupation as the job for 
which the petition was approved. The Secretary of 
Labor shall provide confirmation of application ap-
proval if required for eligibility under this sub-
section. The Secretary of Homeland Security shall 
provide confirmation of petition approval if required 
for eligibility under this subsection.’’. 
(b) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.—Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by add-
ing at the end the following: 
‘‘(n) ADJUSTMENT OF STATUS FOR EMPLOYMENT- 
BASED IMMIGRANTS.— 
‘‘(1) PETITION.—An alien, and any eligible de-
pendents of such alien, who has filed a petition for 
immigrant status, may concurrently, or at any time 
thereafter, file an application with the Secretary of 
Homeland Security for adjustment of status if such 
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petition is pending or has been approved, regardless 
of whether an immigrant visa is immediately avail-
able at the time the application is filed. 
‘‘(2) SUPPLEMENTAL FEE.—If a visa is not im-
mediately available at the time an application is filed 
under paragraph (1), the beneficiary of such applica-
tion shall pay a supplemental fee of $500, which 
shall be deposited in the STEM Education and 
Training Account established under section 286(w). 
This fee shall not be collected from any dependent 
accompanying or following to join such beneficiary. 
‘‘(3) AVAILABILITY.—An application filed pur-
suant to paragraph (2) may not be approved until 
the date on which an immigrant visa becomes avail-
able.’’. 
Subtitle C—L Visa Fraud and 
Abuse Protections 
SEC. 4301. PROHIBITION ON OUTPLACEMENT OF L NON-
IMMIGRANTS. 
Section 214(c)(2)(F) (8 U.S.C. 1184(c)(2)(F)) is 
amended to read as follows: 
‘‘(F)(i) An employer who employs L–1 non-
immigrants in a number that is equal to at least 15 per-
cent of the total number of full-time equivalent employees 
employed by the employer shall not place, outsource, lease, 
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or otherwise contract for the services or placement of such 
alien with another employer. In determining the number 
of employees who are L–1 nonimmigrants, an intending 
immigrant shall count as a United States worker. 
‘‘(ii) The employer of an alien described in section 
101(a)(15)(L) shall not place, outsource, lease, or other-
wise contract for the services or placement of such alien 
with another employer unless— 
‘‘(I) such alien will not be controlled or super-
vised principally by the employer with whom such 
alien would be placed; 
‘‘(II) the placement of such alien at the work-
site of the other employer is not essentially an ar-
rangement to provide labor for hire for the other 
employer; and 
‘‘(III) the employer of such alien pays a fee of 
$500, which shall be deposited in the STEM Edu-
cation and Training Account established under sec-
tion 286(w).’’. 
SEC. 4302. L EMPLOYER PETITION REQUIREMENTS FOR 
EMPLOYMENT AT NEW OFFICES. 
Section 214(c)(2) (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 
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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 
‘‘(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; 
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‘‘(IV) evidence that the importing employer has 
complied with the business plan submitted under 
clause (i)(I); 
‘‘(V) evidence of the truthfulness of any rep-
resentations made in connection with the filing of 
the original petition; 
‘‘(VI) evidence that the importing employer has 
been doing business at the new office through reg-
ular, 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-
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927 
ness only through regular, systematic, and continuous pro-
vision of goods and services. 
‘‘(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 of petition filing 
and demonstrates that the failure to satisfy any of the 
requirements described in those subclauses was directly 
caused by extraordinary circumstances, as determined by 
the Secretary in the Secretary’s discretion.’’. 
SEC. 4303. COOPERATION WITH SECRETARY OF STATE. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 
by section 4302, is further amended by adding at the end 
the following: 
‘‘(H) For purposes of approving petitions under this 
paragraph, the Secretary of Homeland Security shall work 
cooperatively with the Secretary of State to verify the ex-
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928 
istence or continued existence of a company or office in 
the United States or in a foreign country.’’. 
SEC. 4304. LIMITATION ON EMPLOYMENT OF L NON-
IMMIGRANTS. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 
by sections 4302 and 4303, is further amended by adding 
at the end the following: 
‘‘(I)(i) If the employer employs 50 or more employees 
in the United States, the sum of the number of such em-
ployees who are H–1B nonimmigrants plus the number 
of such employees who are L nonimmigrants may not ex-
ceed— 
‘‘(I) 75 percent of the total number of employ-
ees, for fiscal year 2015; 
‘‘(II) 65 percent of the total number of employ-
ees, for fiscal year 2016; and 
‘‘(III) 50 percent of the total number of em-
ployees, for each fiscal year after fiscal year 2016. 
‘‘(ii) In this subparagraph: 
‘‘(I) The term ‘employer’ does not include a 
nonprofit institution of higher education or a non-
profit research organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from taxation under 501(a) of that Code 
that is— 
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‘‘(aa) an institution of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))); or 
‘‘(bb) a research organization. 
‘‘(II) The term ‘H–1B nonimmigrant’ means an 
alien admitted as a nonimmigrant pursuant to sec-
tion 101(a)(15)(H)(i)(b). 
‘‘(III) The term ‘L nonimmigrant’ means an 
alien admitted as a nonimmigrant pursuant to sec-
tion 101(a)(15)(L) to provide services to the alien’s 
employer involving specialized knowledge. 
‘‘(iii) In determining the percentage of employees of 
an employer that are H–1B nonimmigrants or L non-
immigrants under clause (i), an intending immigrant em-
ployee shall not count toward such percentage.’’. 
SEC. 4305. FILING FEE FOR L NONIMMIGRANTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the filing fee for an application for admission 
of an L nonimmigrant shall be as follows: 
(1) For each of the fiscal years beginning in fis-
cal year 2014, $5,000 for applicants that employ 50 
or more employees in the United States if more than 
30 percent and less than 50 percent of the appli-
cant’s employees are H–1B nonimmigrants or L 
nonimmigrants. 
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(2) For each of the fiscal years 2014 through 
2017, $10,000 for applicants that employ 50 or 
more employees in the United States if more than 
50 percent and less than 75 percent of the appli-
cant’s employees are H–1B nonimmigrants or L 
nonimmigrants. Fees collected under this paragraph 
shall be deposited in the Comprehensive Immigration 
Reform Trust Fund established under section 
9(a)(1). 
(b) DEFINITIONS.—In this section: 
(1) EMPLOYER.—The term ‘‘employer’’ does 
not include a nonprofit institution of higher edu-
cation or a nonprofit research organization described 
in section 501(c)(3) of the Internal Revenue Code of 
1986 and exempt from taxation under 501(a) of 
that Code that is— 
(A) an institution of higher education (as 
defined in section 101(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001(a))); or 
(B) a research organization. 
(2) H–1B NONIMMIGRANT.—The term ‘‘H–1B 
nonimmigrant’’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(H)(i)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)). 
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(3) L NONIMMIGRANT.—The term ‘‘L non-
immigrant’’ means an alien admitted as a non-
immigrant pursuant to section 101(a)(15)(L) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(L)) to provide services to the alien’s 
employer involving specialized knowledge. 
(c) EXCEPTION FOR INTENDING IMMIGRANTS.—In 
determining the percentage of employees of an employer 
that are H–1B nonimmigrants or L nonimmigrants under 
subsection (a), an intending immigrant employee (as de-
fined in section 101(a)(54)(A) of the Immigration and Na-
tionality Act shall not count toward such percentage. 
(d) CONFORMING AMENDMENT.—Section 402 of the 
Act entitled ‘‘An Act making emergency supplemental ap-
propriations for border security for the fiscal year ending 
September 30, 2010, and for other purposes’’, approved 
August 13, 2010 (Public Law 111–230; 8 U.S.C. 1101 
note), as amended by section 4233(d), is further amended 
by striking subsections (a) and (c). 
SEC. 4306. INVESTIGATION AND DISPOSITION OF COM-
PLAINTS AGAINST L NONIMMIGRANT EM-
PLOYERS. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 
by sections 4302, 4303, and 4304 is further amended by 
adding at the end the following: 
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‘‘(J)(i) The Secretary of Homeland Security may ini-
tiate an investigation of any employer that employs non-
immigrants described in section 101(a)(15)(L) with re-
gard to the employer’s compliance with the requirements 
of this subsection. 
‘‘(ii)(I) If the Secretary receives specific credible in-
formation from a source who is likely to have knowledge 
of an employer’s practices, employment conditions, or 
compliance with the requirements under this subsection, 
the Secretary may conduct an investigation into the em-
ployer’s compliance with the requirements of this sub-
section. 
‘‘(II) The Secretary may withhold the identity of a 
source referred to in subclause (I) from an employer and 
the identity of such source shall not be subject to disclo-
sure 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)(I) that may be used, in whole 
or in part, as the basis for the commencement of an inves-
tigation described in such clause, to provide the informa-
tion in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person. 
‘‘(iv) No investigation described in clause (ii)(I) (or 
hearing described in clause (vi) based on such investiga-
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933 
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)(I) Subject to subclause (III), before commencing 
an investigation of an employer under clause (i) or (ii), 
the Secretary shall provide notice to the employer of the 
intent to conduct such investigation. 
‘‘(II) The notice required by subclause (I) 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. 
‘‘(III) 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. 
‘‘(IV) There shall be no judicial review of a deter-
mination by the Secretary under this clause. 
‘‘(vi) If the Secretary, after an investigation under 
clause (i) or (ii), determines that a reasonable basis exists 
to make a finding that the employer has failed to comply 
with the requirements under this subsection, the Secretary 
shall provide the interested parties with notice of such de-
termination and an opportunity for a hearing in accord-
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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 voluntary sur-
veys of the degree to which employers comply with the re-
quirements under this section. 
‘‘(II) The Secretary shall— 
‘‘(aa) conduct annual compliance audits of each 
employer with more than 100 employees who work 
in the United States if more than 15 percent of such 
employees 
are 
nonimmigrants 
described 
in 
101(a)(15)(L); and 
‘‘(bb) make available to the public an executive 
summary or report describing the general findings of 
the audits carried out pursuant to this subclause.’’. 
SEC. 4307. PENALTIES. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 
by sections 4302, 4303, 4304, and 4306, is further 
amended by adding at the end the following: 
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935 
‘‘(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), or (L) or a 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 $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), the employer shall be liable to the employees 
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), 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 
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936 
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 
‘‘(III) in the case of a violation of subparagraph 
(J), the employer shall be liable to the employees 
harmed by such violation for lost wages and bene-
fits.’’. 
SEC. 4308. PROHIBITION ON RETALIATION AGAINST L NON-
IMMIGRANTS. 
Section 214(c)(2) (8 U.S.C. 1184(c)(2)), as amended 
by sections 4302, 4303, 4303, 4306, and 4307, 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 
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937 
this subsection, or any rule or regulation pertaining 
to this subsection; or 
‘‘(II) cooperates or seeks to cooperate with the 
requirements of this subsection, or any rule or regu-
lation pertaining to this subsection. 
‘‘(ii) In this subparagraph, the term ‘employee’ in-
cludes— 
‘‘(I) a current employee; 
‘‘(II) a former employee; and 
‘‘(III) an applicant for employment.’’. 
SEC. 4309. REPORTS ON L NONIMMIGRANTS. 
Section 214(c)(8) (8 U.S.C. 1184(c)(8)) is amended 
by inserting ‘‘(L),’’ after ‘‘(H),’’. 
SEC. 4310. APPLICATION. 
The amendments made by this subtitle shall apply to 
applications filed on or after the date of the enactment 
of this Act. 
SEC. 4311. REPORT ON L BLANKET PETITION PROCESS. 
Not later than 6 months after the date of the enact-
ment of this Act, the Inspector General of the Department 
shall submit to the Committee on the Judiciary of the Sen-
ate and the Committee on the Judiciary of the House of 
Representatives a report regarding the use of blanket peti-
tions under section 214(c)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)(A)). Such report 
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938 
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. 
Subtitle D—Other Nonimmigrant 
Visas 
SEC. 4401. NONIMMIGRANT VISAS FOR STUDENTS. 
(a) AUTHORIZATION OF DUAL INTENT FOR F NON-
IMMIGRANTS SEEKING BACHELOR’S OR GRADUATE DE-
GREES.—Section 
101(a)(15)(F) 
(8 
U.S.C. 
1101(a)(15)(F)) is amended to read as follows: 
‘‘(F)(i) an alien having a residence in a 
foreign country who is a bona fide student 
qualified to pursue a full course of study and 
who seeks to enter the United States tempo-
rarily and solely for the purpose of pursuing 
such a course of study consistent with section 
214(m) at an accredited college, university, or 
language training program, or at an established 
seminary, conservatory, academic high school, 
elementary school, or other academic institution 
in the United States, particularly designated by 
the alien and approved by the Secretary of 
Homeland Security after consultation with the 
Secretary of Education, which institution or 
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939 
place of study shall have agreed to report to the 
Secretary of Homeland Security the termination 
of attendance of each nonimmigrant student, 
and if any such institution of learning or place 
of study fails to make reports promptly the ap-
proval shall be withdrawn, except that such an 
alien who is not seeking to pursue a degree that 
is a bachelor’s degree or a graduate degree shall 
have a residence in a foreign country that the 
alien has no intention of abandoning; 
‘‘(ii) the alien spouse and minor children of 
any alien described in clause (i) if accom-
panying or following to join such an alien; and 
‘‘(iii) an alien who is a national of Canada 
or Mexico, who maintains actual residence and 
place of abode in the country of nationality, 
who is described in clause (i) except that the 
alien’s qualifications for and actual course of 
study may be full or part-time, and who com-
mutes to the United States institution or place 
of study from Canada or Mexico.’’. 
(b) DUAL
INTENT.—Section 214(h) (8 U.S.C. 
1184(h)) is amended to read as follows: 
‘‘(h) DUAL INTENT.—The fact that an alien is, or 
intends to be, the beneficiary of an application for a pref-
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940 
erence status filed under section 204, seeks a change or 
adjustment of status after completing a legitimate period 
of nonimmigrant stay, or has otherwise sought permanent 
residence in the United States shall not constitute evi-
dence of intent to abandon a foreign residence that would 
preclude the alien from obtaining or maintaining— 
‘‘(1) a visa or admission as a nonimmigrant de-
scribed 
in 
subparagraph 
(E), 
(F)(i), 
(F)(ii), 
(H)(i)(b), (H)(i)(c), (L), (O), (P), (V), or (W) of 
section 101(a)(15); or 
‘‘(2) the status of a nonimmigrant described in 
any such subparagraph.’’. 
(c) REQUIREMENT OF STUDENT VISA DATA TRANS-
FER AND CERTIFICATION.— 
(1) IN GENERAL.—The Secretary shall imple-
ment real-time transmission of data from the Stu-
dent and Exchange Visitor Information System to 
databases used by U.S. Customs and Border Protec-
tion. 
(2) CERTIFICATION.— 
(A) IN
GENERAL.—Not later than 120 
days after the date of the enactment of this 
Act, the Secretary shall certify to Congress that 
the transmission of data referred to in para-
graph (1) has been implemented. 
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941 
(B) TEMPORARY
SUSPENSION
OF
VISA 
ISSUANCE.—If the Secretary has not made the 
certification referred to in subparagraph (A) 
during the 120-day period, the Secretary shall 
suspend issuance of visas under subparagraphs 
(F) and (M) of section 101(a)(15) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)) until the certification is made. 
SEC. 4402. CLASSIFICATION FOR SPECIALTY OCCUPATION 
WORKERS FROM FREE TRADE COUNTRIES. 
(a) 
NONIMMIGRANT
STATUS.—Section 
101(a)(15)(E) (8 U.S.C. 1101(a)(15)(E)) is amended— 
(1) in the matter preceding clause (i), by insert-
ing ‘‘, bilateral investment treaty, or free trade 
agreement’’ after ‘‘treaty of commerce and naviga-
tion’’; 
(2) in clause (ii), by striking ‘‘or’’ at the end; 
and 
(3) by adding at the end the following: 
‘‘(iv) solely to perform services in a 
specialty occupation in the United States if 
the alien is a national of a country, other 
than Chile, Singapore, or Australia, with 
which the United States has entered into a 
free trade agreement (regardless of wheth-
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942 
er such an agreement is a treaty of com-
merce and navigation) and with respect to 
whom the Secretary of Labor determines 
and certifies to the Secretary of Homeland 
Security and the Secretary of State that 
the intending employer has filed with the 
Secretary of Labor an attestation under 
section 212(t); 
‘‘(v) solely to perform services in a 
specialty occupation in the United States if 
the alien is a national of the Republic of 
Korea and with respect to whom the Sec-
retary of Labor determines and certifies to 
the Secretary of Homeland Security and 
the Secretary of State that the intending 
employer has filed with the Secretary of 
Labor an attestation under section 212(t); 
or 
‘‘(vi) solely to perform services as an 
employee and who has at least a high 
school education or its equivalent, or has, 
during the most recent 5-year period, at 
least 2 years of work experience in an oc-
cupation which requires at least 2 years of 
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943 
training or experience if the alien is a na-
tional of a country— 
‘‘(I) designated as an eligible 
sub-Saharan African country under 
section 104 of the African Growth 
and Opportunity Act (19 U.S.C. 
3703); or 
‘‘(II) designated as a beneficiary 
country for purposes of the Caribbean 
Basin Economic Recovery Act (19 
U.S.C. 2701 et seq.);’’. 
(b) NUMERICAL LIMITATION.—Section 214(g)(11) (8 
U.S.C. 1184(g)(11)) is amended— 
(1) in subparagraph (A), by striking ‘‘section 
101(a)(15)(E)(iii)’’ and inserting ‘‘clauses (iii) and 
(vi) of section 101(a)(15)(E)’’; and 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) The applicable numerical limitation 
referred to in subparagraph (A) for each fiscal 
year is— 
‘‘(i) 10,500 for each of the nationali-
ties identified in clause (iii) of section 
101(a)(15)(E); and 
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944 
‘‘(ii) 10,500 for all aliens described in 
clause (vi) of such section.’’. 
(c) FREE TRADE AGREEMENTS.—Section 214(g) (8 
U.S.C. 1184(g)) is amended by adding at the end the fol-
lowing: 
‘‘(12)(A) The free trade agreements referred to in 
section 101(a)(15)(E)(iv) are defined as any free trade 
agreement designated by the Secretary of Homeland Secu-
rity with the concurrence of the United States Trade Rep-
resentative and the Secretary of State. 
‘‘(B) The Secretary of State may not approve a num-
ber of initial applications submitted for aliens described 
in clause (iv) or (v) of section 101(a)(15)(E) that is more 
than 5,000 per fiscal year for each country with which 
the United States has entered into a Free Trade Agree-
ment. 
‘‘(C) The applicable numerical limitation referred to 
in subparagraph (A) shall apply only to principal aliens 
and not to the spouses or children of such aliens.’’. 
(d) 
NONIMMIGRANT
PROFESSIONALS.—Section 
212(t) (8 U.S.C. 1182(t)) is amended by striking ‘‘section 
101(a)(15)(E)(iii)’’ each place that term appears and in-
serting ‘‘clause (iv) or (v) of section 101(a)(15)(E)’’. 
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945 
SEC. 4403. E-VISA REFORM. 
(a) 
NONIMMIGRANT
CATEGORY.—Section 
101(a)(15)(E)(iii) (8 U.S.C. 1101(a)(15)(E)(iii)) is 
amended by inserting ‘‘, or solely to perform services as 
an employee and who has at least a high school education 
or its equivalent, or has, within 5 years, at least 2 years 
of work experience in an occupation which requires at least 
2 years of training or experience if the alien is a national 
of the Republic of Ireland,’’ after ‘‘Australia’’. 
(b) TEMPORARY ADMISSION.—Section 212(d)(3)(A) 
(8 U.S.C. 1182(d)(3)(A)) is amended to read as follows: 
‘‘(A) Except as otherwise provided in this sub-
section— 
‘‘(i) an alien who is applying for a non-
immigrant visa and who the consular officer 
knows or believes to be ineligible for such visa 
under subsection (a) (other than subparagraphs 
(A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 
(E)(ii) of paragraph (3) of such subsection)— 
‘‘(I) after approval by the Secretary of 
Homeland Security of a recommendation 
by the Secretary of State or by the con-
sular officer that the alien be admitted 
temporarily despite the alien’s inadmis-
sibility, may be granted such a visa and 
may be admitted into the United States 
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946 
temporarily as a nonimmigrant, in the dis-
cretion of the Secretary of Homeland Secu-
rity; or 
‘‘(II) absent such recommendation 
and approval, be granted a nonimmigrant 
visa pursuant to section 101(a)(15)(E) if 
such ineligibility is based solely on conduct 
in violation of paragraph (6), (7), or (9) of 
section 212(a) that occurred before the 
date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigra-
tion Modernization Act; and 
‘‘(ii) an alien who is inadmissible under 
subsection (a) (other than subparagraphs 
(A)(i)(I), (A)(ii), (A)(iii), (C), (E)(i), and 
(E)(ii) of paragraph (3) of such subsection), is 
in possession of appropriate documents or was 
granted a waiver from such document require-
ment, and is seeking admission, may be admit-
ted into the United States temporarily as a 
nonimmigrant, in the discretion of the Sec-
retary of Homeland Security, who shall pre-
scribe conditions, including exaction of such 
bonds as may be necessary, to control and regu-
late the admission and return of inadmissible 
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947 
aliens applying for temporary admission under 
this paragraph.’’. 
(c) 
NUMERICAL
LIMITATION.—Section 
214(g)(11)(B) (8 U.S.C. 1184(g)(11)(B)) is amended by 
striking the period at the end and inserting ‘‘for each of 
the 
nationalities 
identified 
under 
section 
101(a)(15)(E)(iii).’’. 
SEC. 4404. OTHER CHANGES TO NONIMMIGRANT VISAS. 
(a) PORTABILITY.—Paragraphs (1) and (2) of sec-
tion 214(n) (8 U.S.C. 1184(n)) are amended to read as 
follows: 
‘‘(1) A nonimmigrant alien described in paragraph 
(2) who was previously issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b) or 
101(a)(15)(O)(i) is authorized to accept new employment 
pursuant to such section upon the filing by the prospective 
employer of a new petition on behalf of such nonimmigrant 
as provided under subsection (a). Employment authoriza-
tion shall continue for such alien until the new petition 
is adjudicated. If the new petition is denied, such author-
ization shall cease. 
‘‘(2) A nonimmigrant alien described in this para-
graph is a nonimmigrant alien— 
‘‘(A) who has been lawfully admitted into the 
United States; 
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948 
‘‘(B) on whose behalf an employer has filed a 
nonfrivolous petition for new employment before the 
date of expiration of the period of stay authorized by 
the Secretary of Homeland Security; and 
‘‘(C) who, subsequent to such lawful admission, 
has not been employed without authorization in the 
United States before the filing of such petition.’’. 
(b) WAIVER.—The undesignated material at the end 
of section 214(c)(3) (8 U.S.C. 1184(c)(3)) is amended to 
read as follows: 
‘‘The Secretary of Homeland Security shall provide by 
regulation for the waiver of the consultation requirement 
under subparagraph (A) in the case of aliens who have 
been 
admitted 
as 
nonimmigrants 
under 
section 
101(a)(15)(O)(i) because of extraordinary ability in the 
arts or extraordinary achievement in motion picture or tel-
evision production and who seek readmission to perform 
similar services within 3 years after the date of a consulta-
tion under such subparagraph provided that, in the case 
of aliens admitted because of extraordinary achievement 
in motion picture or television production, such waiver 
shall apply only if the prior consultations by the appro-
priate union and management organization were favorable 
or raised no objection to the approval of the petition. Not 
later than 5 days after such a waiver is provided, the Sec-
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949 
retary shall forward a copy of the petition and all sup-
porting documentation to the national office of an appro-
priate labor organization. In the case of an alien seeking 
entry for a motion picture or television production (i) any 
opinion under the previous sentence shall only be advisory; 
(ii) any such opinion that recommends denial must be in 
writing; (iii) in making the decision the Attorney General 
shall consider the exigencies and scheduling of the produc-
tion; (iv) the Attorney General shall append to the decision 
any such opinion; and (v) upon making the decision, the 
Attorney General shall immediately provide a copy of the 
decision to the consulting labor and management organi-
zations.’’. 
SEC. 4405. TREATMENT OF NONIMMIGRANTS DURING AD-
JUDICATION OF APPLICATION. 
Section 214 (8 U.S.C. 1184), as amended by sections 
3609 and 4233, is further amended by adding at the end 
the following: 
‘‘(u) TREATMENT OF NONIMMIGRANTS DURING AD-
JUDICATION
OF APPLICATION.—A nonimmigrant alien 
granted employment authorization pursuant to sections 
101(a)(15)(A), 
101(a)(15)(E), 
101(a)(15)(G), 
101(a)(15)(H), 
101(a)(15)(I), 
101(a)(15)(J), 
101(a)(15)(L), 
101(a)(15)(O), 
101(a)(15)(P), 
101(a)(15)(Q), 101(a)(15)(R), 214(e), and such other sec-
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950 
tions as the Secretary of Homeland Security may by regu-
lations prescribe whose status has expired but who has, 
or whose sponsoring employer or authorized agent has, 
filed a timely application or petition for an extension of 
such employment authorization and nonimmigrant status 
as provided under subsection (a) is authorized to continue 
employment with the same employer until the application 
or petition is adjudicated. Such authorization shall be sub-
ject to the same conditions and limitations as the initial 
grant of employment authorization.’’. 
SEC. 4406. NONIMMIGRANT ELEMENTARY AND SECONDARY 
SCHOOL STUDENTS. 
Section 214(m)(1)(B) (8 U.S.C. 1184(m)(1)(B)) is 
amended striking ‘‘unless—’’ and all that follows through 
‘‘(ii)’’ and inserting ‘‘unless’’. 
SEC. 4407. J–1 SUMMER WORK TRAVEL VISA EXCHANGE VIS-
ITOR PROGRAM FEE. 
Section 281 (8 U.S.C. 1351), as amended by section 
4105, is further amended by adding at the end the fol-
lowing: 
‘‘(e) J–1 VISA EXCHANGE VISITOR PROGRAM FEE.— 
‘‘(1) IN GENERAL.—In addition to the fees au-
thorized under subsection (a), the Secretary of State 
shall collect from designated program sponsors, a 
$500 fee for each nonimmigrant entering under the 
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951 
Summer Work Travel program conducted by the 
Secretary of State pursuant to the Foreign Affairs 
Reform and Restructuring Act of 1998 (division G 
of Public Law 105–277; 112 Stat. 2681–761). Fees 
collected under this subsection shall be deposited 
into the Comprehensive Immigration Reform Trust 
Fund established under section 9(a)(1) of the Bor-
der Security, Economic Opportunity, and Immigra-
tion Modernization Act. 
‘‘(2) REGULATIONS
AND
LIMITATIONS.—The 
Secretary of Homeland Security, in conjunction with 
the Secretary of State, shall promulgate regulations 
ensuring that a fee required by paragraph (1) is 
paid on behalf of all summer work travel non-
immigrants under section 101(a)(15)(J) seeking 
entry into the United States. A fee related to the 
hiring of such a summer work travel nonimmigrant 
shall be paid by the designated program sponsor and 
may not be charged to such summer work travel 
nonimmigrant. There shall not be more than 1 fee 
collected per such summer work travel non-
immigrant.’’. 
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‘‘SEC. 214A. TREATMENT OF COMPACT OF FREE ASSOCIA-
TION MIGRANTS. 
‘‘Notwithstanding any other provision of law, with re-
spect to eligibility for benefits for the Federal program 
defined in 402(b)(3)(C) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1612(b)(3)(C)) (relating to the Medicaid program), sec-
tions 401(a), 402(b)(1), and 403(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1611(a), 1612(b)(1), 1613(a)) shall not 
apply to any individual who lawfully resides in the United 
States in accordance with the Compacts of Free Associa-
tion between the Government of the United States and 
the Governments of the Federated States of Micronesia, 
the Republic of the Marshall Islands, and the Republic of 
Palau. Any individual to which the preceding sentence ap-
plies shall be considered to be a qualified alien for pur-
poses of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 
et seq.), but only with respect to the designated Federal 
program defined in section 402(b)(3)(C) of such Act (re-
lating 
to 
the 
Medicaid 
program) 
(8 
U.S.C. 
1612(b)(3)(C)).’’. 
(b) CONFORMING AMENDMENTS.—Section 1108 of 
the Social Security Act (42 U.S.C. 1308) is amended— 
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Labor, after the date of the enactment of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. 
‘‘(22) ZONE 3 OCCUPATION.—The term ‘zone 3 
occupation’ means an occupation that requires me-
dium preparation and is classified as a zone 3 occu-
pation on— 
‘‘(A) the Occupational Information Net-
work Database (O*NET) on the date of the en-
actment of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996; or 
‘‘(B) such Database or a similar successor 
database, as designated by the Secretary of 
Labor, after the date of the enactment of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. 
‘‘(b) ADMISSION INTO THE UNITED STATES.— 
‘‘(1) W NONIMMIGRANTS.—Subject to this sec-
tion, a certified alien is eligible to be admitted to the 
United States as a W nonimmigrant if the alien is 
hired by a registered employer for employment in a 
registered position in a location that is not an ex-
cluded geographic location. 
‘‘(2) SPOUSE AND MINOR CHILDREN.—The— 
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