I 
109TH CONGRESS 
1ST SESSION H. R. 3322
To amend the Immigration and Nationality Act with respect to the H–
1B and L–1 visa programs to prevent unintended United States job 
losses, to increase the monitoring and enforcement authority of the 
Secretary of Labor over such programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2005
Mrs. JOHNSON of Connecticut (for herself, Mr. SIMMONS, Mr. SHAW, Mr. 
PRICE of North Carolina, and Mr. BRADLEY of New Hampshire) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the Immigration and Nationality Act with respect 
to the H–1B and L–1 visa programs to prevent unin-
tended United States job losses, to increase the moni-
toring and enforcement authority of the Secretary of 
Labor over such programs, 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 ‘‘USA Jobs Protection 
Act of 2005’’.
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The H–1B and L–1 visa programs were es-
tablished to enable United States employers to hire 
workers with the necessary skills and allow the 
intracompany transfer of certain workers in the em-
ploy of companies with operations outside of the 
United States. 
(2) Employers have used the H–1B and L–1 
visa programs to fill hundreds of thousands of posi-
tions in United States firms. 
(3) According to a General Accounting Office 
report, 60 percent of the positions being filled by 
workers provided under the H–1B visa program are 
related to information technology. 
(4) The median annual salaries for information 
technology employment was $45,000 in 1999. 
(5) In 2001, Congress specifically banned the 
displacement of United States employees by H–1B 
visa holders and mandated that employers pay H–
1B workers prevailing United States wages. 
(6) United States unemployment in information 
technology specialties has increased over the last 2 
years making it more difficult for employers to cer-
tify that they are unable to find American informa-
tion technology employees to fill vacancies as re-
quired to gain approval of H–1B visa applications. 
(7) United States consular officers in foreign 
countries in the past have expressed concerns that 
the L–1 visa program was being exploited beyond 
the original purpose of the program by allowing em-
ployers to bring in workers who subsequently are 
employed by other companies. 
(8) It has been reported that the former Immi-
gration and Naturalization Service was reviewing the 
L–1 visa program to assess whether companies were 
using the L–1 visa to circumvent restrictions associ-
ated with the H–1B visa program. 
(9) The Department of Labor has had very lim-
ited authority to enforce the program requirements 
of the H–1B visa program and no legal authority to 
police the L–1 visa program. 
(10) Historical weaknesses in the administra-
tion of the H–1B program by the former Immigra-
tion and Naturalization Service caused unnecessary 
delays in processing employer requests and also 
made the H–1B program vulnerable to abuse. 
(b) PURPOSE.—The purpose of this Act is to ensure 
that the H–1B and L–1 visa programs are utilized for 
the purposes for which they were intended and not to dis-
place American workers with lower cost foreign visa hold-
ers, by closing the loopholes in the programs and strength-
ening enforcement and penalties for violations of laws. 
SEC. 3. L–1 NONIMMIGRANT VISAS. 
(a) WAGE REQUIREMENTS; LIMITATION ON PLACE-
MENT OF INTRACOMPANY TRANSFEREES; DISPLACEMENT 
OF WORKERS.—Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by add-
ing at the end the following: 
‘‘(G) No alien may be admitted or provided status 
as a nonimmigrant described in section 101(a)(15)(L) un-
less the importing employer has filed with the Secretary 
of Labor an application stating the following: 
‘‘(i) The employer shall make available for pub-
lic examination, not later than 1 working day after 
the date on which an application under this subpara-
graph is filed, at the employer’s principal place of 
business or worksite, a copy of each such application 
(and such accompanying documents as are nec-
essary). The Secretary shall compile, on a current 
basis, a list (by employer and by occupational classi-
fication) of the applications filed under this subpara-
graph. The Secretary shall make such list available 
for public examination in Washington, D.C. The 
Secretary of Labor shall review such an application
only for completeness and obvious inaccuracies. Un-
less the Secretary of Labor finds that an application 
is incomplete or obviously inaccurate, the Secretary 
of Labor shall certify to the Secretary of Homeland 
Security, not later than 7 days after the date of the 
filing of the application, that the requirements of 
this subclause have been satisfied. The application 
form shall include a clear statement explaining the 
liability under this clause if an employer places a 
nonimmigrant with another employer in violation of 
clause (i). 
‘‘(ii) The employer is offering and will offer 
during the period of authorized employment to aliens 
admitted or provided status as a nonimmigrant de-
scribed in section 101(a)(15)(L) wages that are at 
least—
‘‘(I) the actual wage level paid by the em-
ployer to all other individuals with similar expe-
rience and qualifications for the specific em-
ployment in question; or 
‘‘(II) the prevailing wage level for the occu-
pational classification in the area of employ-
ment; 
whichever is greater, based on the information avail-
able at the time of filing the application.
‘‘(iii) The employer did not displace and will 
not displace a United States worker employed by the 
employer within the period beginning 180 days be-
fore and ending 180 days after the date of filing of 
any visa petition supported by the application. 
‘‘(iv) The provisions of section 212(n)(2) shall 
apply to a failure to meet a condition of clauses (i), 
(iii), and (iv) and subparagraph (G) in the same 
manner as such provisions apply to a failure to meet 
a condition of section 212(n)(1)(F).’’. 
(b) APPROPRIATE AGENCIES REFERENCES.—Section 
214(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(1)) is amended by inserting after ‘‘Depart-
ment of Agriculture.’’ the following: ‘‘For purposes of this 
subsection with respect to nonimmigrants described in sec-
tion 101(a)(15)(L), the term ‘appropriate agencies of Gov-
ernment’ means the Department of Labor.’’. 
(c) RESTRICTION OF BLANKET PETITIONS.—Section 
214(c)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(2)(A)) is amended by striking ‘‘In the case 
of’’ and all that follows through the period and inserting 
the following: ‘‘Not later than January 15 of each year, 
the Secretary of Homeland Security shall consult with the 
Secretary of Labor to ensure that procedures utilized in 
that calendar year to process blanket petitions shall not
undermine efforts by the Department of Labor to enforce 
the provisions of this subsection and shall consider any 
recommendations that the Secretary of Labor proposes to 
such procedures to enhance compliance with the provisions 
of this subsection.’’. 
(d) ACTION ON PETITIONS.—Section 214(c)(2)(C) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(c)(2)(C)) is amended by inserting before the period 
the following: ‘‘, unless the Secretary of Homeland Secu-
rity, after consultation with the Secretary of Labor, deter-
mines that an additional period of time beyond 30 days 
is necessary to ensure the proper implementation of this 
subsection’’. 
(e) EMPLOYMENT HISTORY.—Section 101(a)(15)(L) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(L)) is amended by striking ‘‘one year’’ and 
inserting ‘‘2 of the last 3 years’’. 
(f) PERIOD OF ADMISSION.—Section 214(c)(2)(D) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1184(c)(2)(D)) is amended—
(1) in clause (i), by striking ‘‘7 years’’ and in-
serting ‘‘5 years’’; and 
(2) in clause (ii), by striking ‘‘5 years’’ and in-
serting ‘‘3 years’’.
(g) RECRUITMENT; ADMINISTRATIVE FEE; DEFINI-
TIONS.—Section 214(c)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(2)), as amended by sub-
section (a), is further amended by adding at the end the 
following: 
‘‘(H) In the case of a petition to import aliens as non-
immigrants in a capacity that involves specialized knowl-
edge as described in section 101(a)(15)(L), the employer, 
prior to filing the petition, shall file with the Secretary 
of Labor an application stating that the employer has 
taken good faith steps to recruit, in the United States 
using procedures that meet industry-wide standards, 
United States workers for the job for which the non-
immigrants are sought. 
‘‘(I) The Secretary of Labor shall impose a fee on 
an employer filing a petition to import aliens as non-
immigrants described in section 101(a)(15)(L) to cover 
the administrative costs of processing the petition. 
‘‘(J) The Secretary of Labor may initiate an inves-
tigation of any employer that employs nonimmigrants de-
scribed in section 101(a)(15)(L) if the Secretary of Labor 
has reasonable cause to believe that the employer is not 
in compliance with this subsection. The investigation may 
be initiated not solely for completeness and obvious inac-
curacies by the employer in complying with this sub-
section. 
‘‘(K) In this paragraph: 
‘‘(i) In the case of an application with respect 
to 1 or more nonimmigrants described in section 
101(a)(15)(L) by an employer, the employer is con-
sidered 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 is 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. 
‘‘(ii)(I) The term ‘lays off’, with respect to a 
worker—
‘‘(aa) 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, or the expiration of a grant or con-
tract; but
‘‘(bb) 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. 
‘‘(II) Nothing in this clause is intended to limit 
an employee’s rights under a collective bargaining 
agreement or other employment contract. 
‘‘(iii) The term ‘United States worker’ means 
an employee who—
‘‘(I) is a citizen or national of the United 
States; or 
‘‘(II) is an alien who is lawfully admitted 
for permanent residence or is an immigrant 
otherwise authorized by this Act or by the Sec-
retary of Homeland Security to be employed.’’. 
(h) TECHNICAL AND CONFORMING AMENDMENT.—
Section 214 of the Immigration and Nationality Act (8 
U.S.C. 1184) is amended by striking ‘‘Attorney General’’ 
each place that term appears and inserting ‘‘Secretary of 
Homeland Security’’.
SEC. 4. TEMPORARY NONIMMIGRANT WORKERS. 
(a) H–1B DEPENDENT EMPLOYERS.—
(1) IN GENERAL.—Section 212(n) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)) is 
amended—
(A) in paragraph (1)—
(i) in subparagraph (E)(ii), by strik-
ing ‘‘an H–1B-dependent employer (as de-
fined in paragraph (3))’’ and inserting ‘‘an 
employer 
that 
employs 
H–1B 
non-
immigrants’’; and 
(ii) in subparagraph (F), by striking 
‘‘(regardless of whether or not such other 
employer is an H–1B-dependent em-
ployer)’’; and 
(B) in paragraph (2)—
(i) in subparagraph (E), by striking 
‘‘If an H–1B-dependent employer’’ and in-
serting ‘‘If an employer that employs H–
1B nonimmigrants’’; and 
(ii) in subparagraph (F), by striking 
‘‘The preceding sentence shall apply to an 
employer regardless of whether or not the 
employer is an H–1B-dependent em-
ployer.’’.
(2) CONFORMING DEFINITION AMENDMENT.—
Section 212(n)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(n)(3)) is amended—
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (A) and (B), respec-
tively. 
(b) DISPLACEMENT OF WORKERS.—Section 212(n) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(n)) is amended—
(1) in paragraph (1)(F), by striking ‘‘90 days’’ 
each place that term appears and inserting ‘‘180 
days’’; and 
(2) in paragraph (2)(C)(iii), by striking ‘‘90 
days’’ each place that term appears and inserting 
‘‘180 days’’. 
(c) ENFORCEMENT ACTION.—Section 212(n)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(J) The Secretary of Labor may initiate an inves-
tigation of any employer that hires nonimmigrants de-
scribed in section 101(a)(15)(H)(i)(b) if the Secretary of 
Labor has reasonable cause to believe that the employer 
is not in compliance with this subsection. The investiga-
tion may be initiated not solely for completeness and obvi-
ous inaccuracies by the employer in complying with this 
subsection.’’. 
SEC. 5. COMPTROLLER GENERAL INVESTIGATION. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States 
shall undertake an investigation to determine—
(1) how the amendments made by this Act are 
being implemented; 
(2) the impact that the amendments made by 
this Act have had on employers and workers in the 
United States; and 
(3) whether additional changes to existing law 
are necessary—
(A) to prevent American workers from 
being displaced by nonimmigrants described in 
subparagraphs (L) and (H)(i)(b) of section 
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)); or 
(B) to meet the legitimate needs of United 
States employers.
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