I 
115TH CONGRESS 
2D SESSION 
H. R. 4777 
To amend section 214(c)(8) of the Immigration and Nationality Act to modify 
the data reporting requirements relating to nonimmigrant employees, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2018 
Ms. FRANKEL of Florida (for herself, Mr. SCHWEIKERT, Mr. WEBER of 
Texas, Mr. DEUTCH, Mr. POE of Texas, and Mr. HIMES) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend section 214(c)(8) of the Immigration and Nation-
ality Act to modify the data reporting requirements relat-
ing to nonimmigrant employees, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Visa Transparency 
Anti-Trafficking Act of 2018’’. 
SEC. 
2. 
ANNUAL 
REPORT 
TO 
CONGRESS 
ON 
NON-
IMMIGRANT VISAS. 
Section 214(c)(8) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(8)) is amended to read as follows: 
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‘‘(8)(A) Not later than 6 months after the end of each 
fiscal year, the Secretary of Homeland Security shall sub-
mit a report to the Committee on the Judiciary of the Sen-
ate and the Committee on the Judiciary of the House of 
Representatives that includes, with respect to the report-
ing period— 
‘‘(i) the number of citizens of countries with a 
Compact of Free Association with the United States 
who— 
‘‘(I) are authorized by such Compact to re-
side permanently in the United States as non-
immigrants; and 
‘‘(II) were admitted to the United States; 
‘‘(ii) the ports of entry at which the individuals 
described in clause (i) were admitted; and 
‘‘(iii) with respect to each nonimmigrant visa 
classification under the immigration laws that au-
thorizes employment (except for visas issued for the 
purpose of victim or witness protection), to the ex-
tent such data is collected by any government enti-
ty— 
‘‘(I) with respect to each such non-
immigrant visa classification and subclassifica-
tion that authorizes employment, as applica-
ble— 
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‘‘(aa) the number of visas that were 
issued and the number of persons granted 
status under such classification or program 
for nonimmigrants that authorizes employ-
ment; 
‘‘(bb) the number of visas that ex-
pired, were revoked, or were otherwise ter-
minated, respectively; 
‘‘(cc) the number of petitions that 
were filed; 
‘‘(dd) the number of petitions that 
were approved; 
‘‘(ee) the number of petitions that 
were rejected, denied, or withdrawn, re-
spectively; 
‘‘(ff) the number of petitions awaiting 
final action; 
‘‘(gg) the number of blanket petitions 
filed under paragraph (2)(A); 
‘‘(hh) the number of such blanket pe-
titions that were approved; 
‘‘(ii) the number of such blanket peti-
tions that were rejected, denied, or with-
drawn, respectively; 
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‘‘(jj) the number of such blanket peti-
tions awaiting final action; 
‘‘(kk) the number of visa applications 
and beneficiaries that were approved pur-
suant to each blanket petition; 
‘‘(ll) the number of extensions of stay 
that were requested; 
‘‘(mm) the number of extensions of 
stay requests that were approved; 
‘‘(nn) the number of extensions of 
stay requests that were rejected, denied, or 
withdrawn, respectively; 
‘‘(oo) the number of extensions of stay 
requests awaiting final action; 
‘‘(pp) the number of extensions of 
stay requests that were filed for the pur-
pose of switching employers or adding a 
new, concurrent employer; 
‘‘(qq) 
the 
percentage 
of 
non-
immigrants who are— 
‘‘(AA) younger than 20 years of 
age; 
‘‘(BB) older than 20 years of age 
and younger than 25 years of age; 
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‘‘(CC) older than 25 years of age 
and younger than 30 years of age; 
‘‘(DD) older than 30 years of age 
and younger than 35 years of age; 
‘‘(EE) older than 35 years of age 
and younger than 40 years of age; 
‘‘(FF) older than 40 years of age 
and younger than 45 years of age; 
‘‘(GG) older than 45 years of age 
and younger than 50 years of age; 
‘‘(HH) older than 50 years of 
age and younger than 55 years of age; 
‘‘(II) older than 55 years of age 
and younger than 60 years of age; 
‘‘(JJ) older than 60 years of age 
and younger than 65 years of age; or 
‘‘(KK) older than 65 years of 
age, respectively; 
‘‘(rr) 
the 
percentage 
of 
non-
immigrants in each sex; 
‘‘(ss) the 10 countries of which the 
most such nonimmigrants are nationals; 
‘‘(tt) for each of the 5 occupations in 
which the most nonimmigrants in each visa 
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classification or subclassification are em-
ployed— 
‘‘(AA) the 5 employers that em-
ploy the most nonimmigrants; 
‘‘(BB) the 2 countries of which 
the most nonimmigrants are nation-
als; 
‘‘(CC) the percentage of non-
immigrants who are in each of the age 
categories set forth in item (qq); 
‘‘(DD) the percentage of the non-
immigrants in each sex; 
‘‘(EE) the percentage of non-
immigrants at each major education 
level in each nonimmigrant visa classi-
fication, subclassification, status, or 
program for nonimmigrants that au-
thorizes employment; 
‘‘(FF) the average compensation 
paid to the nonimmigrants; and 
‘‘(GG) the source of the data de-
scribed in subitems (AA) through 
(FF); 
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‘‘(uu) for each of the 5 employers that 
employ the most nonimmigrants in the visa 
classification or subclassification— 
‘‘(AA) the number of such non-
immigrants who are nationals of each 
country; 
‘‘(BB) the number of such non-
immigrants who are in each of the age 
categories set forth in item (qq); and 
‘‘(CC) the number of such non-
immigrants in each sex; and 
‘‘(vv) the number of petitions denied, 
disaggregated by age, sex, and country of 
nationality; 
‘‘(II) with respect to each employment- 
based petition and request for extension of work 
authorization that was filed— 
‘‘(aa) the number of nonimmigrants 
sought; 
‘‘(bb) each beneficiary’s country of or-
igin and local region or state; 
‘‘(cc) a description of the occupation 
in which the beneficiary will be employed; 
‘‘(dd) the standard occupational clas-
sification code for each occupation; 
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‘‘(ee) the primary work location and 
secondary work location, if applicable; 
‘‘(ff) the name and address of the em-
ployer and, if the employer is a household 
employer of the nonimmigrant, the State 
and zip code of the employer’s primary res-
idence, and, if the employer has 3 or more 
employees, the nationality of the employer; 
‘‘(gg) whether more than 50 percent 
of the employer’s total United States work-
force are nonimmigrants; 
‘‘(hh) whether between 30 and 50 per-
cent of the employer’s total United States 
workforce are nonimmigrants; 
‘‘(ii) whether the employer conducts 
outplacement of nonimmigrants; 
‘‘(jj) whether the employer was au-
thorized to file blanket petitions under 
paragraph (2)(A); 
‘‘(kk) whether the petition is such a 
blanket petition; 
‘‘(ll) the name and last known domes-
tic and foreign business address of any 
labor recruiter, agent, or other third party 
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intermediary involved in identifying work-
ers to be petition beneficiaries; and 
‘‘(mm) the visa classification and sub-
classification; 
‘‘(III) with respect to each nonimmigrant 
authorized to work in the United States— 
‘‘(aa) the visa classification and sub-
classification; 
‘‘(bb) the labor certification form 
number, if a temporary labor certification 
application was filed with the Department 
of Labor; 
‘‘(cc) the date on which the temporary 
labor certification application was filed; 
‘‘(dd) the date on which the tem-
porary labor certification application was 
approved, withdrawn, or rejected; 
‘‘(ee) the date on which a petition was 
filed; 
‘‘(ff) the date on which such petition 
was approved, withdrawn, or rejected; 
‘‘(gg) the date on which an extension 
was filed; 
‘‘(hh) the date on which such exten-
sion was approved, withdrawn, or rejected; 
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‘‘(CC) if the employer is a household 
employer of the nonimmigrant, the State 
and zip code of the employer’s primary res-
idence; and 
‘‘(DD) if the employer has 3 or more 
employees, the nationality of the employer; 
‘‘(qq)(AA) the name and address of 
the nonimmigrant’s employer; 
‘‘(BB) if the employer is a household 
employer of the nonimmigrant, the State 
and zip code of the employer’s primary res-
idence; and 
‘‘(CC) if the employer has 3 or more 
employees, the nationality of the employer; 
‘‘(rr) the name and last known domes-
tic and foreign business address of a third 
party intermediary; 
‘‘(ss) if the nonimmigrant had a per-
manent status petition filed on his or her 
behalf, the name of the person or entity 
that filed the petition and the date on 
which such petition was filed; and 
‘‘(tt) the source of the data described 
in items (aa) through (ss); 
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‘‘(IV) the 10 occupations in which the larg-
est number of nonimmigrants are employed in 
the United States; and 
‘‘(V) with respect to each of the States, for 
each of the 5 nonimmigrant visa classifications 
and subclassifications in which the most non-
immigrants were issued visas or granted a sta-
tus that authorizes employment— 
‘‘(aa) the total number of non-
immigrants; 
‘‘(bb) the number of such non-
immigrants who are nationals of each 
country; 
‘‘(cc) the percentage of such non-
immigrants in each of the age categories 
set forth in subclause (I)(qq); and 
‘‘(dd) the number of such non-
immigrants in each sex. 
‘‘(B) At the time the Secretary of Homeland Security 
submits each annual report under subparagraph (A), the 
Secretary shall post, to a public website— 
‘‘(i) the information set forth in such subpara-
graph; and 
‘‘(ii) the corresponding raw data set and a 
searchable database. 
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‘‘(C) The Secretary of Homeland Security shall en-
sure that the information posted on a public website under 
subparagraph (B) does not include information that, alone 
or in combination, would allow a reasonable person who 
does not have personal knowledge of the relevant cir-
cumstances, to identify a specific person with reasonable 
certainty. 
‘‘(D) Any government official who uses information 
described in subparagraph (A) shall take reasonable steps 
to ensure that such use does not enable such information 
to be manipulated— 
‘‘(i) to identify an individual nonimmigrant to 
whom the information relates; or 
‘‘(ii) to disaggregate such information into its 
component parts. 
‘‘(E) In this paragraph: 
‘‘(i) The term ‘employment’— 
‘‘(I) means employment in the United 
States; and 
‘‘(II) includes cultural exchange, training, 
or business activities in which the non-
immigrant receives any form of compensation, 
including a stipend, from any source, whether 
paid in the United States or in the non-
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immigrant’s country of origin and whether or 
not authorized. 
‘‘(ii) The term ‘nonimmigrant visa classifica-
tion, status, or subclassification’ means any pro-
gram, level, category, subcategory, or other type of 
grouping that— 
‘‘(I) is part of a nonimmigrant visa classi-
fication or status— 
‘‘(aa) described in section 101(a)(15) 
or 214(e); or 
‘‘(bb) otherwise established under the 
immigration laws; and 
‘‘(II) may be specifically created, delin-
eated, or defined in— 
‘‘(aa) any Federal statute, regulation, 
agency guidance, directive, memo, or any 
other source material, including the Code 
of Federal Regulations, the Foreign Af-
fairs Manual, Department of State cables 
(classified or unclassified); or 
‘‘(bb) any official form, application, or 
petition used by the Secretary of Home-
land Security, the Secretary of State, or 
the Secretary of Labor. 
‘‘(iii) The term ‘third party intermediary’— 
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‘‘(I) means any natural person, corpora-
tion, company, firm, partnership, joint stock 
company or association, or other organization 
or entity, including municipal corporations, that 
recruits, solicits, or engages in related activities 
with respect to an individual who resides out-
side of the United States in furtherance of em-
ployment in the United States, including when 
such activity occurs outside of the United 
States; and 
‘‘(II) includes recruiters, subrecruiters, 
placement agencies, staffing agencies, labor 
contractors, and sponsor organizations des-
ignated by the Secretary of State, including for- 
profit and not-for-profit sponsor entities.’’. 
SEC. 3. AUTHORITY TO MODIFY FORMS. 
The Secretary of Homeland Security, the Secretary 
of State, and the Secretary of Labor are authorized to 
take such steps as may be necessary to revise any applica-
tion, petition, form, or database used to regulate the 
issuance of visas to nonimmigrants or to grant non-
immigrant status in order to comply with the reporting 
requirements set forth in section 214(c)(8) of the Immi-
gration and Nationality Act, as amended by section 2. 
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SEC. 4. INFORMATION SHARING. 
The Secretary of State and the Secretary of Labor 
shall— 
(1) annually submit to the Secretary of Home-
land Security, in a timely manner, any information 
collected or maintained by the Department of State 
or the Department of Labor that is required to be 
included in the annual report under section 
214(c)(8) of the Immigration and Nationality Act, 
as amended by section 2; and 
(2) provide any other related information to the 
Secretary of Homeland Security, upon request, that 
may be necessary to carry out the Secretary of 
Homeland Security’s responsibilities under this Act 
and the amendment made by section 2. 
SEC. 5. PROGRESSIVE IMPLEMENTATION. 
(a) INITIAL REPORT.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall submit the first report required 
under section 214(c)(8) of the Immigration and Nation-
ality Act, as amended by section 2, based on the informa-
tion that is available from the Department of Homeland 
Security, the Department of Labor, and the Department 
of State as of the date of the enactment of this Act. 
(b) FULL REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Secretary of Home-
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land Security shall submit the report required under such 
section 214(c)(8), which shall include all of the informa-
tion and data listed in subparagraph (A) of such section, 
as amended by section 2. 
Æ 
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