a hearing is requested, the Secretary shall make a finding 
concerning the matter by not later than 60 days after the 
date of the hearing. 
‘‘(G) The Secretary of Homeland Security and the 
Secretary of Labor shall jointly submit to Congress an an-
nual report on the use of L–1 workers. Such report shall 
include the following: 
‘‘(i) Information on violations of conditions of 
entry of such workers by their employers, including 
information on complaints of such violations and 
their disposition, the imposition of civil penalties and 
disbarments, back pay awards, and other remedies 
obtained. 
‘‘(ii) Information on the list compiled under 
paragraph (1) on applications under this subsection. 
‘‘(H) Nothing in this subsection shall be construed 
as superseding or preempting any other enforcement-re-
lated authority under this Act (such as the authorities 
under section 274B), or any other Act. 
‘‘(3) For purposes of this subsection: 
‘‘(A) The term ‘area of employment’ means the 
area within normal commuting distance of the work-
site or physical location where the work of the L– 
1 nonimmigrant is or will be performed. If such 
worksite or location is within a Metropolitan Statis-
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tical Area, any place within such area is deemed to 
be within the area of employment. This worksite 
must be physically located at its own company loca-
tions and not at a third party location. 
‘‘(B) In the case of an application with respect 
to one or more L–1 nonimmigrants by an employer, 
the employer is considered to ‘displace’ a United 
States worker from a job if the employer lays off the 
worker from a job that is essentially the equivalent 
of the job for which the nonimmigrant or non-
immigrants is or are sought. A job shall not be con-
sidered to be essentially equivalent of another job 
unless it involves essentially the same responsibil-
ities, was held by a United States worker with sub-
stantially equivalent qualifications and experience, 
and is located in the same area of employment as 
the other job. 
‘‘(C) The term ‘L–1 nonimmigrant’ means an 
alien admitted or provided status as a principal non-
immigrant described in section 101(a)(15)(L)(i). 
‘‘(D)(i) The term ‘lays off’, with respect to a 
worker— 
‘‘(I) means to cause the worker’s loss of 
employment, other than through a discharge for 
inadequate performance, violation of workplace 
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rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract (other than a temporary employment con-
tract entered into in order to evade a condition 
described in subparagraph (E) of paragraph 
(1)); 
‘‘(II) includes a significant change or dimi-
nution of duties of employment; but 
‘‘(III) does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with no significant change or dimi-
nution of duties with the same employer at 
equivalent or higher compensation and benefits 
than the position from which the employee was 
discharged, regardless of whether or not the 
employee accepts the offer. 
‘‘(ii) Nothing in this subparagraph is intended 
to limit an employee’s rights under a collective bar-
gaining agreement or other employment contract. 
‘‘(E) The term ‘United States worker’ means 
an employee who— 
‘‘(i) is a citizen or national of the United 
States; or 
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