H. R. 4818—548
‘‘(II) the person or entity has been provided a period of
not less than 10 business days (beginning after the date of
the explanation) within which to correct the failure; and
‘‘(III) the person or entity has not corrected the failure
voluntarily within such period.
‘‘(iii) A person or entity that, in the course of an investiga-
tion, is found to have violated the prevailing wage requirements
set forth in paragraph (1)(A), shall not be assessed fines or
other penalties for such violation if the person or entity can
establish that the manner in which the prevailing wage was
calculated was consistent with recognized industry standards
and practices.
‘‘(iv) Clauses (i) and (iii) shall not apply to a person or
entity that has engaged in or is engaging in a pattern or
practice of willful violations of this subsection.’’.
(c) SECRETARY
OF LABOR REPORT.—Not later than January
31 of each year, the Secretary of Labor shall report to the Commit-
tees on the Judiciary of the Senate and the House of Representatives
on the investigations undertaken based on—
(1) the authorities described in clauses (i) and (ii) of section
212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(2)(G)(i) and (ii)); and
(2) the expenditures by the Secretary of Labor described
in section 286(v)(2)(D) of the Immigration and Nationality Act
(8 U.S.C. 1356(v)(2)(D)).
SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITA-
TIONS ON H–1B NONIMMIGRANTS.
(a) IN GENERAL.—Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘is employed (or has received an offer of employment) at’’;
(2) in subparagraph (A)—
(A) by inserting ‘‘is employed (or has received an offer
of employment) at’’ before ‘‘an institution’’; and
(B) by striking ‘‘or’’ at the end;
(3) in subparagraph (B)—
(A) by inserting ‘‘is employed (or has received an offer
of employment) at’’ before ‘‘a nonprofit’’; and
(B) by striking the period and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(C) has earned a master’s or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
until the number of aliens who are exempted from such numer-
ical limitation during such year exceeds 20,000.’’.
(b) STATISTICS.—Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall maintain statistical
information on the country of origin and occupation of, educational
level maintained by, and compensation paid to, each alien who
is issued a visa or otherwise provided nonimmigrant status and
is exempt under section 214(g)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(g)(5)) for each fiscal year. The statistical
information shall be included in the annual report to Congress
under section 416(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (Public Law 105–277; 112
Stat. 2681–655).
H. R. 4818—549
SEC. 426. FRAUD PREVENTION AND DETECTION FEE.
(a) IMPOSITION OF FEE.—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)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention
and detection fee on an employer filing a petition under paragraph
(1)—
‘‘(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section 101(a)(15);
or
‘‘(ii) to obtain authorization for an alien having such status
to change employers.
‘‘(B) In addition to any other fees authorized by law, the Sec-
retary of State shall impose a fraud prevention and detection fee
on an alien filing an application abroad for a visa authorizing
admission to the United States as a nonimmigrant described in
section 101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
‘‘(C) The amount of the fee imposed under subparagraph (A)
or (B) shall be $500.
‘‘(D) The fee imposed under subparagraph (A) or (B) shall
only apply to principal aliens and not to the spouses or children
who are accompanying or following to join such principal aliens.
‘‘(E) Fees collected under this paragraph shall be deposited
in the Treasury in accordance with section 286(v).’’.
(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286
of the Immigration and Nationality Act (8 U.S.C. 1356) is amended
by adding at the end the following:
‘‘(v) H–1B 
AND
L FRAUD
PREVENTION
AND
DETECTION
ACCOUNT.—
‘‘(1) IN GENERAL.—There is established in the general fund
of the Treasury a separate account, which shall be known
as the ‘H–1B and L Fraud Prevention and Detection Account’.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees collected
under section 214(c)(12).
‘‘(2) USE OF FEES TO COMBAT FRAUD.—
‘‘(A) SECRETARY OF STATE.—One-third of the amounts
deposited into the H–1B and L Fraud Prevention and
Detection Account shall remain available to the Secretary
of State until expended for programs and activities at
United States embassies and consulates abroad—
‘‘(i) to increase the number diplomatic security per-
sonnel assigned exclusively to the function of pre-
venting and detecting fraud by applicants for visas
described in subparagraph (H)(i) or (L) of section
101(a)(15);
‘‘(ii) otherwise to prevent and detect such fraud
pursuant to the terms of a memorandum of under-
standing or other cooperative agreement between the
Secretary of State and the Secretary of Homeland Secu-
rity; and
‘‘(iii) upon request by the Secretary of Homeland
Security, to assist such Secretary in carrying out the
fraud prevention and detection programs and activities
described in subparagraph (B).