I 
108TH CONGRESS 
2D SESSION 
H. R. 5413 
To amend the Immigration and Nationality Act to provide greater protections 
to domestic and foreign workers under the H–1B nonimmigrant worker 
program. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2004 
Mr. PASCRELL introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
greater protections to domestic and foreign workers 
under the H–1B nonimmigrant worker program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WAGE DETERMINATION. 
(a) 
CHANGE
IN
MINIMUM
WAGES.—Section 
212(n)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(A)) is amended to read as follows: 
‘‘(A) The employer— 
‘‘(i) is offering and will offer during the 
period of authorized employment to aliens ad-
mitted or provided status as an H–1B non-
immigrant wages that are at least— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment; 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment; or 
‘‘(III) the median wage for skill level 
two in the occupational classification found 
in the most recent Occupational Employ-
ment Statistics survey; 
whichever is greatest, based on the best infor-
mation available as of the time of filing of the 
application; and 
‘‘(ii) will provide working conditions for 
such nonimmigrant that will not adversely af-
fect the working conditions of workers similarly 
employed.’’. 
The wage determination methodology used under 
clause (i) shall be submitted with the application. 
(b) PROVISION OF W–2 FORMS.—Section 212(n)(1) 
of such Act (8 U.S.C. 1182(n)(1)) is amended by adding 
at the end the following new subparagraph:
‘‘(H) If the employer employed, in such pre-
vious period as the Secretary shall specify, one or 
more H–1B nonimmigrants, the application shall be 
accompanied by the Internal Revenue Service Form 
W–2 Wage and Tax Statement filed by the employer 
with respect to such nonimmigrants for such pe-
riod.’’. 
SEC. 2. GOOD FAITH RECRUITMENT REQUIREMENT. 
(a) EXTENDING TIME PERIOD FOR NO DISPLACE-
MENT.—Section 212(n) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)) is amended— 
(1) in paragraph (1)(E)(i), by striking ‘‘90 
days’’ and inserting ‘‘180 days’’ each place it ap-
pears; and 
(2) in paragraph (2)(C)(iii), in the matter be-
fore subclause (I), by striking ‘‘90 days’’ and insert-
ing ‘‘180 days’’ each place it appears . 
(b) REQUIRING
ACTIVE
REQUIREMENT.—Section 
212(n)(1)(G)(i)(I) 
of 
such 
Act 
(8 
U.S.C. 
1182(n)(1)(G)(i)(I)) is amended by inserting ‘‘actively’’ 
before ‘‘recruit’’. 
(c) PROHIBITION
OF
OUTPLACEMENT.—Section 
212(n)(1)(F) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(1)(F)) is amended to read as follows:
‘‘(F) An employer shall not place, out-source, 
lease, or otherwise contract for the placement of an 
alien admitted or provided status as an H–1B non-
immigrant with another employer, regardless of 
whether or not such other employer is an H–1B-de-
pendent employer.’’. 
SEC. 3. LABOR ENFORCEMENT. 
(a) CENTRALIZATION OF ADMINISTRATIVE AND EN-
FORCEMENT FUNCTIONS.—Section 212(n)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended by adding at the end the following new subpara-
graph: 
‘‘(I) The Secretary shall be responsible under this 
paragraph for investigations of wage complaints, as well 
as investigations of allegations of fraud in the filing of 
applications under this subsection.’’. 
(b) AUDITS.—Section 212(n)(2)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is 
amended by adding at the end the following new sen-
tences: ‘‘In addition, the Secretary may conduct surveys 
of the level of compliance by employers with the provisions 
and requirements of this subsection and may conduct an-
nual compliance audits in the case of employers that em-
ploy H–1B nonimmigrants. In the case of an employer 
that employs H–1B nonimmigrants that represent 15 per-