gration and Nationality Act shall be issued a machine-
readable, tamper-resistant visa or document that uses bio-
metric identifiers consistent with the requirements of sec-
tion 303 of the Enhanced Border Security and Visa Re-
form Act, Public Law 107–173. 
SEC. 304. WORKER PROTECTIONS. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 303, is 
further amended by adding after paragraph (7) the fol-
lowing: 
‘‘(8)(A) Nothing in this subsection shall be construed 
to limit the rights of an employee under a collective bar-
gaining agreement or other employment contract. 
‘‘(B) An alien admitted or otherwise provided status 
under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) 
shall not be denied any right or remedy under Federal, 
State, or local labor and employment laws applicable to 
a United States worker employed in a similar position with 
the employer because of the status of the alien as a non-
immigrant worker. 
‘‘(C) It shall be unlawful for an employer who has 
filed a petition for a nonimmigrant worker described in 
clause (i)(d) or (ii)(b) of section 101(a)(15)(H) to intimi-
date, threaten, restrain, coerce, blacklist, discharge, or in
any other manner, discriminate against an employee (in-
cluding a former employee) because the employee—
‘‘(i) disclosed information, to the employer or to 
any other person, that the employee reasonably be-
lieves evidences a violation of this subsection or any 
rule or regulation pertaining to this subsection; or 
‘‘(ii) because the employee cooperates or seeks 
to cooperate in an investigation or other proceeding 
concerning the employer’s compliance with the re-
quirements of this subsection or any rule or regula-
tion pertaining to this subsection. 
‘‘(D) The Secretary of Labor and the Secretary of 
Homeland Security shall establish a process under which 
a nonimmigrant worker described in clause (i)(d) or (ii)(b) 
of section 101(a)(15)(H) who files a complaint regarding 
a violation of this subsection, or any other rule or regula-
tion pertaining to this subsection and is otherwise eligible 
to remain and work in the United States may be allowed 
to seek other appropriate employment in the United States 
for a period not to exceed the maximum period of stay 
authorized for that nonimmigrant classification. 
‘‘(E)(i) The Secretary of Labor shall establish a proc-
ess for the receipt, investigation, and disposition of com-
plaints respecting a petitioner’s failure to meet a condition 
specified in the application submitted under paragraph
(3), or a petitioner’s misrepresentation of a material fact 
in an application submitted under paragraph (3). Com-
plaints may be filed by an aggrieved person or organiza-
tion (including bargaining representatives). No investiga-
tion or hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation unless the 
complaint was filed not later than 12 months after the 
date of the failure or misrepresentation, respectively. The 
Secretary of Labor shall conduct an investigation under 
this clause if there is reasonable cause to believe that such 
a failure or misrepresentation has occurred. 
‘‘(ii) The process established under clause (i) shall 
provide that, not later than 30 days after a complaint is 
filed, a determination of whether or not a reasonable basis 
exists to find a violation shall be made. 
‘‘(iii) If it is determined that a reasonable basis exists 
under clause (ii), then not later than 60 days after that 
determination is made, the Secretary of Labor shall issue 
a notice to the interested parties and offer an opportunity 
for a hearing on the complaint, in accordance with section 
556 of title 5, United States Code. 
‘‘(iv) If the Secretary of Labor, after receiving a com-
plaint under clause (i), does not offer the aggrieved party 
or organization an opportunity for a hearing under clause 
(iii), the Secretary of Labor shall notify the aggrieved
party or organization of such determination and the ag-
grieved party or organization may seek a hearing on the 
complaint in accordance with section 556 of title 5, United 
States Code. 
‘‘(v) If a hearing is requested under clause (iii) or 
(iv), then not later than 60 days after the date of the hear-
ing, the Secretary of Labor shall make a finding on the 
matter in accordance with paragraph (6). 
‘‘(vi) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a requirement 
of paragraph (3), or a misrepresentation of a material fact 
in an application—
‘‘(I) the Secretary of Labor shall notify the Sec-
retary of Homeland Security of such findings, and 
may impose administrative remedies, including civil 
monetary penalties not to exceed $3,000 per viola-
tion; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed by that employer under 
section 214(c) for a period of at least 1 year for 
aliens to be employed by the employer. 
‘‘(vii) If the Secretary of Labor finds, after notice and 
opportunity for a hearing, a willful failure to meet a re-
quirement of paragraph (3), or a willful misrepresentation 
of a material fact in an application—
‘‘(I) the Secretary of Labor shall notify the Sec-
retary of Homeland Security of such findings, and 
may impose administrative remedies, including civil 
monetary penalties in an amount not to exceed 
$8,000 per violation; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer under section 214(c) during a period of at 
least 2 years for aliens to be employed by the em-
ployer. 
‘‘(viii) If the Secretary of Labor finds, after notice 
and opportunity for a hearing, a willful failure by an em-
ployer to meet a requirement of paragraph (3), or a willful 
misrepresentation of material fact in an application, in the 
course of which failure or misrepresentation the employer 
displaced a United States worker employed by the em-
ployer within the period beginning 60 days before and end-
ing 60 days after the date of filing of any visa petition 
supported by the application—
‘‘(I) the Secretary of Labor shall notify the Sec-
retary of Homeland Security of such findings, and 
may impose administrative remedies, including civil 
monetary penalties in an amount not to exceed 
$35,000 per violation; and
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer under section 214(c) during a period of at 
least 3 years for aliens to be employed by the em-
ployer. 
‘‘(F) The Department of Labor shall have the author-
ity to initiate and pursue investigations and audits of em-
ployers, whether upon complaint or otherwise, in order to 
ensure that employers are not violating the rights guaran-
teed under this subsection to nonimmigrant workers de-
scribed in clause (i)(d) or (ii)(b) of section 101(a)(15)(H). 
‘‘(G) In any complaint respecting a willful failure by 
an employer to meet a requirement of law or a regulation 
concerning the employment of nonimmigrants described in 
clause (i)(d) or (ii)(b) of section 101(a)(H) or a willful 
misrepresentation of material fact in an application, the 
court in its discretion, may allow a prevailing party, other 
than the United States, a reasonable attorney’s fee. 
‘‘(H) A nonimmigrant worker described in clause 
(i)(d) of (ii)(b) of section 101(a)(15)(H) aggrieved by a 
violation of rights enforceable under section 212(u)(8) by 
an employer or other person may file suit in any district 
court of the United States having jurisdiction of the par-
ties, without regard to the amount in controversy, without 
regard to the citizenship of the parties, and without regard
to the exhaustion of any alternative administrative remedy 
under this Act, not later than 3 years after the date on 
which the violation occurs.’’. 
SEC. 305. PORTABILITY. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 304, is 
further amended by adding after paragraph (8) the fol-
lowing: 
‘‘(9)(A) Any alien admitted or otherwise provided sta-
tus 
as 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(i)(d) or (ii)(b) may change employers only 
after the alien has been employed by the petitioning em-
ployer for at least 3 months from the date of admission 
or the date such status was otherwise acquired. 
‘‘(B) The 3-month employment requirement in sub-
paragraph (A) may be waived (without loss of status dur-
ing the period of the waiver) in circumstances where—
‘‘(i) the alien began and continued the employ-
ment in good faith but the employer violated a term 
or condition of sponsorship of the alien under this 
Act or violated any other law or regulation relating 
to the employment of the alien; or 
‘‘(ii) the personal circumstances of the alien 
changed so as to require a change of employer, in-
cluding family, medical, or humanitarian reasons, a
disability, or other factor rendering the alien unable 
to perform the job. 
‘‘(C) If a waiver under subparagraph (B) is sought, 
the application shall be accompanied by such evidence to 
warrant the approval of such waiver. 
‘‘(D) A nonimmigrant alien admitted or otherwise 
provided status as a nonimmigrant described in clause 
(i)(d) or (ii)(b) of section 101(a)(15)(H) may accept new 
employment with a new employer upon the filing by the 
new employer of a new application on behalf of such alien 
as provided under paragraph (3). Employment authoriza-
tion shall continue until the new petition is adjudicated. 
If the new petition is denied, the alien’s right to work as 
established by this subsection shall cease. The alien’s right 
to work, if any, established by any other provision of law, 
shall not be affected by the denial of such new applica-
tion.’’. 
SEC. 306. SPOUSES AND CHILDREN OF TEMPORARY WORK-
ERS. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 305, is 
further amended by adding after paragraph (9) the fol-
lowing: 
‘‘(10) A spouse or child of a nonimmigrant worker 
described 
in 
clause 
(i)(d) 
or 
(ii)(b) 
of 
section
101(a)(15)(H) shall be eligible for derivative status by ac-
companying or following to join the alien.’’. 
SEC. 307. PETITIONS BY EMPLOYER GROUPS AND UNIONS. 
Section 214(c)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(1)) is amended—
(1) by inserting after the first sentence the fol-
lowing: ‘‘In the case of an alien or aliens described 
in clause (i)(d) or (ii)(b) of section 101(a)(15)(H), 
the petition may be filed by an associated or affili-
ated group of employers that have multiple openings 
for similar employment on behalf of the individual 
employers or by a union or union consortium. The 
petition, if approved, will be valid for employment in 
the described positions for the member employers, 
the union, or union consortium, provided the em-
ploying entity has complied with all applicable re-
cruitment requirements and paid the requisite peti-
tion fees.’’; and 
(2) by adding at the end the following: ‘‘Noth-
ing in this paragraph shall be construed to permit 
a recruiting entity or job shop to petition for an 
alien described in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H).’’.
SEC. 308. PROCESSING TIME FOR PETITIONS. 
Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)) is amended by adding at the end 
the following: 
‘‘(12) The Secretary of Labor shall review the appli-
cation filed under section 212(u)(3) for completeness and 
accuracy and issue a determination with regard to the ap-
plication not later than 10 workings days after the date 
on which the application was filed. 
‘‘(13) The Secretary of Homeland Security shall es-
tablish a process for reviewing and completing adjudica-
tion of petitions filed under this subsection with respect 
to nonimmigrant workers described in clause (i)(d) or 
(ii)(b) of section 101(a)(15)(H) and derivative applica-
tions associated with these petitions, not later than 60 
days after the completed petition has been filed.’’. 
SEC. 309. TERMS OF ADMISSION. 
Section 214(g) of the Immigration and Nationality 
Act (8 U.S.C. 1184(g)) is amended by adding at the end 
the following: 
‘‘(9) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(H)(ii)(b), the initial period of authorized 
admission shall be for not more than 9 months from the 
date of application for admission in such status in any 
1-year period. No nonimmigrant described in such section
may be admitted for a total period that exceeds an aggre-
gate of 40 months. 
‘‘(10) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(H)(i)(d), the initial period of authorized 
admission shall be for not more than 2 years. The em-
ployer may petition for extensions of such status for 2 ad-
ditional periods of not more than 2 years each. No non-
immigrant described in such section shall be admitted for 
a total period that exceeds 6 years. 
‘‘(11)(A) The limitation contained in paragraphs (9) 
and (10) with respect to the duration of authorized stay 
shall not apply to any nonimmigrant alien previously 
issued a visa or otherwise provided nonimmigrant status 
under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) on 
whose behalf a petition has been filed under section 204(b) 
to accord the alien immigrant status under section 203(b), 
or an application for adjustment of status has been filed 
under section 245 to accord the alien status under section 
203(b), if 365 days or more have elapsed since—
‘‘(i) the filing of a labor certification application 
on behalf of the alien (if such certification is re-
quired for the alien to obtain status under section 
203(b)); or 
‘‘(ii) the filing of the petition under section 
204(a).
‘‘(B) The Secretary of Homeland Security shall ex-
tend the stay of an alien who qualifies for an exemption 
under subparagraph (A) until such time as a final decision 
is made—
‘‘(i) to deny the application described in sub-
paragraph (A)(i), or, in a case in which such appli-
cation is granted, to deny a petition described in 
subparagraph (A)(ii) filed on behalf of the alien pur-
suant to such grant; 
‘‘(ii) to deny the petition described in subpara-
graph (A)(ii); or 
‘‘(iii) to grant or deny the alien’s application for 
an immigrant visa or for adjustment of status to 
that of an alien lawfully admitted for permanent res-
idence.’’. 
SEC. 310. NUMBER OF VISAS ISSUED. 
Section 214 (g)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(g)(1)(B)) is amended to read 
as follows: 
‘‘(B)(i) under section 101(a)(15)(H)(i)(d) may 
not exceed 250,000; and 
‘‘(ii) under section 101(a)(15)(H)(ii)(b) may 
not exceed 100,000.’’.
SEC. 311. CHANGE OF STATUS. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 306, is 
further amended by adding after paragraph (10) the fol-
lowing: 
‘‘(11) An alien admitted as a nonimmigrant or other-
wise provided status under clause (i)(d) or (ii)(b) of sec-
tion 101(a)(15)(H) shall be eligible to obtain a change of 
status to another immigrant or nonimmigrant classifica-
tion that the alien may be eligible for.’’. 
SEC. 312. ADJUSTMENT OF STATUS TO LAWFUL PERMA-
NENT RESIDENT. 
(a) EMPLOYMENT-BASED IMMIGRANT VISAS.—Sec-
tion 212(u) of the Immigration and Nationality Act (8 
U.S.C. 1182(u)), as amended by section 311, is further 
amended by adding after paragraph (11) the following: 
‘‘(12)(A) Nonimmigrant aliens admitted or otherwise 
provided status under clause (i)(d) or (ii)(b) of section 
101(a)(15)(H) shall be eligible for an employment-based 
immigrant visa pursuant to section 203(b)(3) and adjust-
ment of status pursuant to section 245. 
‘‘(B) Pursuant to subparagraph (A), for purposes of 
adjustment of status under section 245(a) or issuance of 
an immigrant visa under section 203(b)(3), employment-
based immigrant visas shall be made available without nu-
merical limitation to an alien having nonimmigrant status
described 
in 
clause 
(i)(d) 
or 
(ii)(b) 
of 
section 
101(a)(15)(H) upon the filing of a petition for such a visa 
by—
‘‘(i) the employer of the alien; or 
‘‘(ii) the alien, provided the alien has been em-
ployed under such nonimmigrant status for at least 
2 years. 
‘‘(C) The spouse or child of an alien granted status 
under clause (i)(d) or (ii)(b) of section 101(a)(15)(H) 
shall be eligible as a derivative beneficiary for an immi-
grant visa and adjustment of status.’’. 
(b) DUAL INTENT.—Section 214(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(h)) is amended 
by inserting ‘‘(H)(ii)(b),’’ after ‘‘(H)(i)(d),’’. 
SEC. 313. NOTIFICATION OF EMPLOYEE RIGHTS. 
Section 214(c), as amended by section 208, is further 
amended by adding at the end the following: 
‘‘(15) An employer that employs an alien de-
scribed in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H) shall provide such alien with the 
same notification of the alien’s rights under Federal, 
State, or local laws that the employer is required to 
provide to United States workers.’’.
SEC. 314. GROUNDS OF INADMISSIBILITY. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 312, is 
further amended by adding after paragraph (12) the fol-
lowing: 
‘‘(13) In determining the admissibility of an alien 
under clause (i)(d) or (ii)(b) of section 101(a)(15)(H), vio-
lations of grounds of inadmissibility described in para-
graphs (5), (6)(A), (6)(B), (6)(C), (6)(G), (7), (9), and 
(10)(B) of section 212(a) committed prior to the issuance 
or a visa under such section, or the approval of a change 
of status to a classification under such section shall not 
apply.’’. 
SEC. 315. PETITION FEES. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 314, is 
further amended by adding after paragraph (13) the fol-
lowing: 
‘‘(14)(A) An employer filing a petition for an alien 
described in section 101(a)(15)(H)(i)(d) shall be required 
to pay a filing fee based on the cost of carrying out the 
processing duties under this subsection, and a secondary 
fee of—
‘‘(i) $250, in the case of an employer employing 
25 employees or less;
‘‘(ii) $500, in the case of an employer employ-
ing between 26 and 150 employees; 
‘‘(iii) $750, in the case of an employer employ-
ing between 151 and 500 employees; or 
‘‘(iv) $1,000, in the case of an employer em-
ploying more than 500 employees. 
‘‘(B) An employer filing a petition for an alien de-
scribed in section 101(a)(15)(H)(ii)(b) shall be required 
to pay a filing fee based on the costs of carrying out the 
processing duties under this subsection, and a secondary 
fee of—
‘‘(i) $125, in the case of an employer employing 
25 employees or less; 
‘‘(ii) $250, in the case of an employer employ-
ing between 26 and 150 employees; 
‘‘(iii) $375, in the case of an employer employ-
ing between 151 and 500 employees; or 
‘‘(iv) $500, in the case of an employer employ-
ing more than 500 employees. 
‘‘(C) An employer filing a petition for an alien de-
scribed in clause (i)(d) or (ii)(b) of section 101(a)(15)(H) 
shall be prohibited from charging the alien for a fee re-
quired under subparagraph (A) or (B). 
‘‘(D) The fees collected under this paragraph shall 
be deposited into accounts within the Department of
Homeland Security, the Department of Labor, and the 
Department of State, and allocated such that—
‘‘(i) 20 percent of the amounts received shall be 
made available to the Department of Homeland Se-
curity until expended to carry out the requirements 
related to processing petitions filed by employers for 
aliens described in clause (i)(d) or (ii)(b) of section 
101(a)(15)(H); 
‘‘(ii) 15 percent of the amounts received shall 
be made available to the Department of Labor until 
expended to carry out the requirements related to 
processing attestation applications filed by employers 
for aliens described in clause (i)(d) or (ii)(b) of sec-
tion 101(a)(15)(H); 
‘‘(iii) 20 percent of the amounts received shall 
be made available to the Department of State until 
expended to carry out the requirements related to 
processing applications for visas by aliens under 
clause (i)(d) or (ii)(b) of section 101(a)(15)(H); 
‘‘(iv) 15 percent of the amounts received shall 
be made available to the Department of Labor until 
expended to carry out the requirements described in 
paragraph (8); 
‘‘(v) 15 percent of the amounts received shall be 
made available to the Department of Labor until ex-
pended to increase the funds available to the United 
States Employment Service to assist State employ-
ment service agencies in responding to employers 
and employees contacting such agencies as a result 
of the requirements described in paragraph (1); and 
‘‘(vi) 15 percent of the amounts received shall 
be made available to the Department of Homeland 
Security until expended to make improvements in 
technology for border security, including the use of 
machine-readable, tamper-resistant documents with 
biometric identifiers, expanding the use of readers 
and scanners, expanding programs for pre-enroll-
ment and pre-clearance, updating and correcting 
electronic databases, and other improvements to fa-
cilitate the flow of commerce and persons at ports 
of entry.’’. 
SEC. 316. DEFINITIONS. 
Section 212(u) of the Immigration and Nationality 
Act (8 U.S.C. 1182(u)), as amended by section 315, is 
further amended by adding after paragraph (14) the fol-
lowing: 
‘‘(15) In this subsection: 
‘‘(A) The term ‘U.S. employer’ means any per-
son or entity with a principal place of business in 
the United States that employs workers in labor or
services that are not agricultural, and shall not in-
clude recruiting entities or job shops. 
‘‘(B) The term ‘job opportunity’ means a job 
opening for short-term full-time or part-time employ-
ment at a place in the United States to which 
United States workers can be referred. 
‘‘(C)(i) The term ‘layoffs’, 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 
rules, cause, voluntary departure, voluntary re-
tirement, contract impossibility, termination of 
the position or company, temporary layoffs due 
to weather, markets, or other temporary condi-
tions; but 
‘‘(II) does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with the same employer at equiva-
lent or higher compensation and benefits than 
the position from which the employee was dis-
charged, regardless of whether or not the em-
ployee accepts the offer.