546 
ning 180 days after the date of the place-
ment of such alien with the employer; 
‘‘(II) such alien will not be controlled 
and supervised principally by the employer 
with whom the nonimmigrant would be 
placed; and 
‘‘(III) the placement of the non-
immigrant is not essentially an arrange-
ment to provide labor for hire for an unaf-
filiated employer with whom the non-
immigrant will be placed, rather than a 
placement in connection with the provision 
or a product or service for which special-
ized knowledge specific to the petitioning 
employer is necessary. 
‘‘(iii) The Secretary shall grant or deny a 
waiver under clause (ii) not later than 7 days 
after the date that the Secretary receives the 
application for the waiver.’’. 
(b) REGULATIONS.—The Secretary of Homeland Se-
curity shall promulgate rules, after notice and a period 
for comment, for an employer to apply for a waiver under 
subparagraph (F)(ii) of section 214(c)(2), as added by 
subsection (a). 
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SEC. 562. L–1 EMPLOYER PETITION REQUIREMENTS FOR 
EMPLOYMENT AT NEW OFFICES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)) is amended by adding at the 
end the following: 
‘‘(G)(i) If the beneficiary of a petition 
under this paragraph is coming to the United 
States to open, or be employed in, a new office, 
the petition may be approved for up to 12 
months only if— 
‘‘(I) the alien has not been the bene-
ficiary of 2 or more petitions under this 
subparagraph during the immediately pre-
ceding 2 years; and 
‘‘(II) the employer operating the new 
office has— 
‘‘(aa) an adequate business plan; 
‘‘(bb) sufficient physical premises 
to carry out the proposed business ac-
tivities; and 
‘‘(cc) the financial ability to com-
mence doing business immediately 
upon the approval of the petition. 
‘‘(ii) An extension of the approval period 
under clause (i) may not be granted until the 
importing employer submits an application to 
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the Secretary of Homeland Security that con-
tains— 
‘‘(I) evidence that the importing em-
ployer meets the requirements of this sub-
section; 
‘‘(II) evidence that the beneficiary of 
the petition is eligible for nonimmigrant 
status under section 101(a)(15)(L); 
‘‘(III) a statement summarizing the 
original petition; 
‘‘(IV) evidence that the importing em-
ployer has fully complied with the business 
plan submitted under clause (i)(I); 
‘‘(V) evidence of the truthfulness of 
any representations made in connection 
with the filing of the original petition; 
‘‘(VI) evidence that the importing em-
ployer, for the entire period beginning on 
the date on which the petition was ap-
proved under clause (i), has been doing 
business at the new office through regular, 
systematic, and continuous provision of 
goods and services; 
‘‘(VII) a statement of the duties the 
beneficiary has performed at the new office 
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549 
during the approval period under clause (i) 
and the duties the beneficiary will perform 
at the new office during the extension pe-
riod granted under this clause; 
‘‘(VIII) a statement describing the 
staffing at the new office, including the 
number of employees and the types of posi-
tions held by such employees; 
‘‘(IX) evidence of wages paid to em-
ployees; 
‘‘(X) evidence of the financial status 
of the new office; and 
‘‘(XI) any other evidence or data pre-
scribed by the Secretary. 
‘‘(iii) A new office employing the bene-
ficiary of an L–1 petition approved under this 
paragraph shall do business only through reg-
ular, systematic, and continuous provision of 
goods and services for the entire period for 
which the petition is sought. 
‘‘(iv) Notwithstanding clause (ii), and sub-
ject to the maximum period of authorized ad-
mission set forth in subparagraph (D), the Sec-
retary of Homeland Security, in the Secretary’s 
discretion, may approve a subsequently filed pe-
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tition on behalf of the beneficiary to continue 
employment at the office described in this sub-
paragraph for a period beyond the initially 
granted 12-month period if the importing em-
ployer has been doing business at the new office 
through regular, systematic, and continuous 
provision of goods and services for the 6 
months immediately preceding the date of ex-
tension petition filing and demonstrates that 
the failure to satisfy any of the requirements 
described in those subclauses was directly 
caused by extraordinary circumstances, as de-
termined by the Secretary in the Secretary’s 
discretion.’’. 
SEC. 563. COOPERATION WITH SECRETARY OF STATE. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by section 202, 
is further amended by adding at the end the following: 
‘‘(H) For purposes of approving petitions 
under this paragraph, the Secretary of Home-
land Security shall work cooperatively with the 
Secretary of State to verify the existence or 
continued existence of a company or office in 
the United States or in a foreign country.’’. 
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551 
SEC. 564. INVESTIGATION AND DISPOSITION OF COM-
PLAINTS AGAINST L–1 EMPLOYERS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 202 
and 203, is further amended by adding at the end the 
following: 
‘‘(I)(i) The Secretary of Homeland Secu-
rity may initiate an investigation of any em-
ployer that employs nonimmigrants described in 
section 101(a)(15)(L) with regard to the em-
ployer’s compliance with the requirements of 
this subsection. 
‘‘(ii) If the Secretary receives specific cred-
ible information from a source who is likely to 
have knowledge of an employer’s practices, em-
ployment conditions, or compliance with the re-
quirements under this subsection, the Secretary 
may conduct an investigation into the employ-
er’s compliance with the requirements of this 
subsection. The Secretary may withhold the 
identity of the source from the employer, and 
the source’s identity shall not be subject to dis-
closure under section 552 of title 5, United 
States Code. 
‘‘(iii) The Secretary shall establish a proce-
dure for any person desiring to provide to the 
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554 
‘‘(viii)(I) The Secretary may conduct sur-
veys of the degree to which employers comply 
with the requirements under this section. 
‘‘(II) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of not less than 1 percent of the em-
ployers that employ nonimmigrants de-
scribed in section 101(a)(15)(L) during the 
applicable fiscal year; 
‘‘(bb) conduct annual compliance au-
dits of each employer with more than 100 
employees who work in the United States 
if more than 15 percent of such employees 
are 
nonimmigrants 
described 
in 
101(a)(15)(L); and 
‘‘(cc) make available to the public an 
executive summary or report describing the 
general findings of the audits carried out 
pursuant to this subclause.’’. 
SEC. 565. WAGE RATE AND WORKING CONDITIONS FOR L– 
1 NONIMMIGRANT. 
(a) IN GENERAL.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)), as amend-
ed by sections 202, 203, and 204, is further amended by 
adding at the end the following: 
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555 
‘‘(J)(i) An employer that employs a nonimmigrant 
described in section 101(a)(15)(L) for a cumulative period 
of time in excess of 1 year shall— 
‘‘(I) offer such nonimmigrant, during the period 
of authorized employment, wages, based on the best 
information available at the time the application is 
filed, which are not less than the highest of— 
‘‘(aa) the locally determined prevailing 
wage level for the occupational classification in 
the area of employment; 
‘‘(bb) the median average wage for all 
workers in the occupational classification in the 
area of employment; and 
‘‘(cc) the median wage for skill level 2 in 
the occupational classification found in the 
most recent Occupational Employment Statis-
tics survey; and 
‘‘(II) provide working conditions for such non-
immigrant that will not adversely affect the working 
conditions of workers similarly employed. 
‘‘(ii) If an employer, in such previous period specified 
by the Secretary of Homeland Security, employed 1 or 
more such nonimmigrants, the employer shall provide to 
the Secretary of Homeland Security the Internal Revenue 
Service Form W–2 Wage and Tax Statement filed by the 
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556 
employer with respect to such nonimmigrants for such pe-
riod. 
‘‘(iii) It is a failure to meet a condition under this 
subparagraph for an employer who has filed a petition to 
import 1 or more aliens as nonimmigrants described in 
section 101(a)(15)(L)— 
‘‘(I) to require such a nonimmigrant to pay a 
penalty for ceasing employment with the employer 
before a date mutually agreed to by the non-
immigrant and the employer; or 
‘‘(II) to fail to offer to such a nonimmigrant, 
during the nonimmigrant’s period of authorized em-
ployment, on the same basis, and in accordance with 
the same criteria, as the employer offers to United 
States workers, benefits and eligibility for benefits, 
including— 
‘‘(aa) the opportunity to participate in 
health, life, disability, and other insurance 
plans; 
‘‘(bb) the opportunity to participate in re-
tirement and savings plans; and 
‘‘(cc) cash bonuses and noncash compensa-
tion, such as stock options (whether or not 
based on performance). 
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557 
‘‘(iv) The Secretary of Homeland Security shall de-
termine whether a required payment under clause (iii)(I) 
is a penalty (and not liquidated damages) pursuant to rel-
evant State law.’’. 
(b) REGULATIONS.—The Secretary of Homeland Se-
curity shall promulgate rules, after notice and a period 
of comment, to implement the requirements of subpara-
graph (J) of section 214(c)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1184(c)(2)), as added by sub-
section (a). In promulgating these rules, the Secretary 
shall take into consideration any special circumstances re-
lating to intracompany transfers. 
SEC. 566. PENALTIES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 
203, 204, and 205, is further amended by adding at the 
end the following: 
‘‘(K)(i) If the Secretary of Homeland Security finds, 
after notice and an opportunity for a hearing, a failure 
by an employer to meet a condition under subparagraph 
(F), (G), (J), or (L) or a misrepresentation of material 
fact in a petition to employ 1 or more aliens as non-
immigrants described in section 101(a)(15)(L)— 
‘‘(I) the Secretary shall impose such adminis-
trative remedies (including civil monetary penalties 
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558 
in an amount not to exceed $2,000 per violation) as 
the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least 1 year, approve a petition for that employer 
to employ 1 or more aliens as such nonimmigrants; 
and 
‘‘(III) in the case of a violation of subparagraph 
(J) or (L), the employer shall be liable to the em-
ployees harmed by such violation for lost wages and 
benefits. 
‘‘(ii) If the Secretary finds, after notice and an oppor-
tunity for a hearing, a willful failure by an employer to 
meet a condition under subparagraph (F), (G), (J), or (L) 
or a willful misrepresentation of material fact in a petition 
to employ 1 or more aliens as nonimmigrants described 
in section 101(a)(15)(L)— 
‘‘(I) the Secretary shall impose such adminis-
trative remedies (including civil monetary penalties 
in an amount not to exceed $10,000 per violation) 
as the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least 2 years, approve a petition filed for that em-
ployer to employ 1 or more aliens as such non-
immigrants; and 
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559 
‘‘(III) in the case of a violation of subparagraph 
(J) or (L), the employer shall be liable to the em-
ployees harmed by such violation for lost wages and 
benefits.’’. 
SEC. 567. PROHIBITION ON RETALIATION AGAINST L–1 
NONIMMIGRANTS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 202, 
203, 204, 205, and 206, is further amended by adding 
at the end the following: 
‘‘(L)(i) It is a violation of this subparagraph for an 
employer who has filed a petition to import 1 or more 
aliens 
as 
nonimmigrants 
described 
in 
section 
101(a)(15)(L) to take, fail to take, or threaten to take 
or fail to take, a personnel action, or to intimidate, threat-
en, restrain, coerce, blacklist, discharge, or discriminate 
in any other manner against an employee because the em-
ployee— 
‘‘(I) has disclosed information that the em-
ployee reasonably believes evidences a violation of 
this subsection, or any rule or regulation pertaining 
to this subsection; or 
‘‘(II) cooperates or seeks to cooperate with the 
requirements of this subsection, or any rule or regu-
lation pertaining to this subsection. 
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560 
‘‘(ii) In this subparagraph, the term ‘employee’ in-
cludes— 
‘‘(I) a current employee; 
‘‘(II) a former employee; and 
‘‘(III) an applicant for employment.’’. 
SEC. 568. TECHNICAL AMENDMENTS. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)) is amended by striking ‘‘Attor-
ney General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 569. REPORTS ON L–1 NONIMMIGRANTS. 
Section 214(c)(8) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(8)) is amended by inserting ‘‘(L),’’ 
after ‘‘(H),’’. 
SEC. 570. APPLICATION. 
The amendments made by sections 201 through 207 
shall apply to applications filed on or after the date of 
the enactment of this Act. 
SEC. 571. REPORT ON L–1 BLANKET PETITION PROCESS. 
(a) REQUIREMENT FOR REPORT.—Not later than 6 
months after the date of the enactment of this Act, the 
Inspector General of the Department of Homeland Secu-
rity shall submit to the appropriate committees of Con-
gress a report regarding the use of blanket petitions under 
section 214(c)(2)(A) of the Immigration and Nationality 
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561 
Act (8 U.S.C. 1184(c)(2)(A)). Such report shall assess the 
efficiency and reliability of the process for reviewing such 
blanket petitions, including whether the process includes 
adequate safeguards against fraud and abuse. 
(b) APPROPRIATE COMMITTEES OF CONGRESS.—In 
this section the term ‘‘appropriate committees of Con-
gress’’ means— 
(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(2) the Committee on the Judiciary of the Sen-
ate; 
(3) the Committee on Homeland Security of the 
House of Representatives; and 
(4) the Committee on the Judiciary of the 
House of Representatives. 
SEC. 572. REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L–1 NONIMMIGRANTS. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended by adding at the end the fol-
lowing: 
‘‘(s) REQUIREMENTS FOR INFORMATION FOR H–1B 
AND L–1 NONIMMIGRANTS.— 
‘‘(1) IN GENERAL.—Upon issuing a visa to an 
applicant for nonimmigrant status pursuant to sub-
paragraph (H)(i)(b) or (L) of section 101(a)(15) 
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562 
who is outside the United States, the issuing office 
shall provide the applicant with— 
‘‘(A) a brochure outlining the obligations 
of the applicant’s employer and the rights of 
the applicant with regard to employment under 
Federal law, including labor and wage protec-
tions; 
‘‘(B) the contact information for appro-
priate Federal agencies or departments that 
offer additional information or assistance in 
clarifying such obligations and rights; and 
‘‘(C) a copy of the application submitted 
for the nonimmigrant under section 212(n) or 
the petition submitted for the nonimmigrant 
under subsection (c)(2)(A), as appropriate. 
‘‘(2) Upon the issuance of a visa to an appli-
cant referred to in paragraph (1) who is inside the 
United States, the issuing officer of the Department 
of Homeland Security shall provide the applicant 
with the material described in clauses (i), (ii), and 
(iii) of subparagraph (A).’’. 
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563 
CHAPTER 3—PROTECTION OF H–2B 
NONIMMIGRANTS 
SEC. 581. ENFORCEMENT OF FEDERAL LABOR LAWS RE-
LATING TO H–2B NONAGRICULTURAL GUEST 
WORKERS. 
(a) IN GENERAL.—Section 214(c)(14) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(c)(14)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘of Home-
land Security’’ each place it appears and inserting 
‘‘of Labor’’; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively; and 
(4) by adding at the end the following: 
‘‘(D) The Secretary of Labor is authorized 
to take such actions, including imposing appro-
priate penalties and seeking appropriate injunc-
tive relief and specific performance of contrac-
tual obligations, as may be necessary to assure 
employer compliance with the terms and condi-
tions required under this Act for employing 
nonimmigrant workers described in section 
101(a)(15)(H)(ii)(b), and as required under the 
Increasing American Wages and Benefits Act of 
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564 
2007. The authority of the Secretary of Labor 
under this subparagraph shall not preempt any 
other rights which affected persons may have 
under Federal or State law. 
‘‘(E) Any aggrieved person whose wages or 
working conditions have been directly and ad-
versely affected by an employer in violation of 
applicable laws and regulations governing the 
employment of nonimmigrant workers described 
in section 101(a)(15)(H)(ii)(b), or by a viola-
tion of the terms and conditions of employment, 
may bring a civil action against such employer 
in the appropriate district court of the United 
States. Such cause of action shall not be subject 
to exhaustion of administrative remedies and 
shall be in addition to any other causes of ac-
tion and remedies that may exist. 
‘‘(F) Notwithstanding any other provision 
of law, the Legal Services Corporation may pro-
vide legal services on behalf of nonimmigrant 
workers 
described 
in 
section 
101(a)(15)(H)(ii)(b) regarding the terms and 
conditions of employment, transportation, and 
housing and other provisions of law applicable 
to the employment of such nonimmigrants.’’. 
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565 
(b) REPORT.—Section 214(g)(10) of the Immigration 
and Nationality Act (8 U.S.C. 1184(g)(10)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(10)’’; and 
(2) by adding at the end the following: 
‘‘(B) Each employer that hires a non-
immigrant 
worker 
described 
in 
section 
101(a)(15)(H)(ii)(b) shall— 
‘‘(i) notify the Secretary of Labor not 
later than 30 days after the conclusion of 
each such nonimmigrant’s term of employ-
ment; and 
‘‘(ii) submit to the Secretary of Labor 
employment payroll records and similar 
documentation showing that the employer 
paid the required prevailing wage and 
transportation, and other expenses re-
quired under this section and section 
212.’’. 
SEC. 582. RECRUITMENT OF UNITED STATES WORKERS. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended— 
(1) in subsection (p)(3), by striking ‘‘(a)(5)(A), 
(n)(1)(A)(i)(II),’’ and inserting ‘‘(n)(1)(A)(i)(II)’’; 
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566 
(2) by redesignating subsection (t) (as added by 
section 1(b)(2)(B) of Public Law 108–449) as sub-
section (u); and 
(3) by adding at the end the following: 
‘‘(v)(1) Except as provided under paragraph (5), an 
employer that seeks to employ an alien described in section 
101(a)(15)(H)(ii)(b) (referred to in this subsection as an 
‘H–2B nonimmigrant’) shall take the following steps to 
recruit United States workers for the position for which 
the alien is sought not later than 14 days before filing 
an application under paragraph (3): 
‘‘(A) The employer shall submit a copy of the 
job offer, including a description of the wages and 
other terms and conditions of employment, to the 
State Workforce Agency that serves the area of em-
ployment in the State in which the employer is lo-
cated (referred to in this subsection as the ‘SWA’). 
The SWA shall provide the employer with an ac-
knowledgment of receipt of such documentation in 
accordance with this paragraph. 
‘‘(B) The employer shall authorize the SWA to 
post the job opportunity on the Internet through the 
website for ‘America’s Job Bank’, with local job 
banks, and with unemployment agencies and other 
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567 
labor referral and recruitment sources pertinent to 
such job opportunity. 
‘‘(C) The employer shall authorize the SWA to 
provide notification of the job opportunity, and the 
SWA shall designate that these are job opportunities 
for which H–2B visas have been requested, to— 
‘‘(i) the central office of the State Federa-
tion of Labor in the State in which the job is 
located; and 
‘‘(ii) the office of the local union which 
represents the employees in the same or sub-
stantially equivalent job classification, if appli-
cable. 
‘‘(D) The employer shall post the availability of 
the job opportunity for which the employer is seek-
ing a worker in conspicuous locations at the place of 
employment for all employees to see. 
‘‘(E) The employer shall advertise the avail-
ability of the job opportunity for which the employer 
is seeking a worker in a publication with the highest 
circulation in the labor market that is likely to be 
patronized by a potential worker for at least 5 con-
secutive days. 
‘‘(F) Based on recommendations by the local 
job service, the employer shall advertise the avail-
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568 
ability of the job opportunity in professional, trade, 
or local minority and ethnic publications that are 
likely to be patronized by a potential worker. 
‘‘(2) An employer that seeks to employ an H–2B non-
immigrant shall— 
‘‘(A) first offer the job to any eligible United 
States worker who— 
‘‘(i) applies; 
‘‘(ii) is qualified for the job; and 
‘‘(iii) is available at the time of need; and 
‘‘(B) maintain, for at least 3 years after the 
employment relation is terminated, documentation of 
recruitment efforts and responses conducted and re-
ceived before filing an application with the Depart-
ment of Labor, including— 
‘‘(i) resumes; 
‘‘(ii) applications; and 
‘‘(iii) tests of United States workers who 
applied and were not hired for the job the em-
ployer seeks to fill with a nonimmigrant worker, 
if applicable. 
‘‘(3) An employer that seeks to hire an H–2B non-
immigrant shall submit an application to the Secretary of 
Labor that includes a certification, under penalty of per-
jury, that— 
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‘‘(A) the employer has not made a job offer to 
a United States worker, which imposed restrictions 
or obligations that will not be imposed on an H–2B 
nonimmigrant; 
‘‘(B) the employer has complied with the re-
cruitment requirements under paragraph (1); 
‘‘(C) the employer will offer an H–2B non-
immigrant not less than the same benefits and work-
ing conditions provided to United States workers 
similarly employed in the same occupational classi-
fication at the same actual place of employment in 
addition to paying an H–2B nonimmigrant a pre-
vailing wage rate not less than the wage rate offered 
to United States workers; 
‘‘(D) there is currently no strike, lockout, or 
labor dispute (as defined in section 2(9) of the 
Labor-Management 
Relations 
Act 
(29 
U.S.C. 
152(9))), at the same place of employment, which 
affects employees in the same occupational classi-
fication in which an H–2B nonimmigrant will be em-
ployed; 
‘‘(E) the employer will comply with all applica-
ble laws and regulations relating to the right of 
workers to join or organize a union (including rights 
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570 
protected under section 7 of the Labor-Management 
Relations Act (29 U.S.C. 157)); 
‘‘(F) the employer has— 
‘‘(i) provided notice of the filing of an ap-
plication to the bargaining representative of em-
ployees, if any, working in the same occupa-
tional classification at the place of employment 
as an H–2B nonimmigrant who the employer 
intends to employ; or 
‘‘(ii) if there is no such bargaining rep-
resentative, posted notice of filing such applica-
tion in conspicuous locations at the place of em-
ployment for all employees to see for not fewer 
than 14 business days; and 
‘‘(G) the requirements applicable to the job, 
which the employer intends to hire an H–2B non-
immigrant to perform, represent the actual min-
imum requirements applicable to that job and the 
employer will not hire an H–2B nonimmigrant to 
perform the job who has less training or experience 
than the employer’s other employees. 
‘‘(4)(A) An employer that applies to hire an H–2B 
nonimmigrant shall hire any qualified United States work-
er who applies for the job for which such nonimmigrant 
was intended to be employed if such United States worker 
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571 
applies before the date that is 30 days before the date 
on which the last such H–2B nonimmigrant is scheduled 
to begin work for such employer. 
‘‘(B) The Secretary of Labor, through the workforce 
agency of a State, as appropriate, shall provide informa-
tion about applications for H–2B nonimmigrants, includ-
ing information about domestic workers who apply for jobs 
but are not hired, to a United States worker, nonprofit 
organization, or union not later than 48 hours after such 
worker, organization, or union requests such informa-
tion.’’. 
SEC. 583. PREVAILING WAGES FOR UNITED STATES WORK-
ERS AND H–2B WORKERS. 
Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182), as amended by section 102, is further 
amended by adding at the end the following: 
‘‘(w)(1) No alien may be admitted or provided status 
as a nonimmigrant under section 101(a)(15)(H)(ii)(b) in 
an occupational classification unless the Secretary of 
Labor certifies that the employer— 
‘‘(A) is offering and will offer during the period 
of authorized employment to aliens admitted or pro-
vided such status the wage rate set forth in the col-
lective bargaining agreement, if the job opportunity 
is covered by a collective bargaining agreement; 
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‘‘(B) if the job opportunity is not covered by a 
collective bargaining agreement, the wage the em-
ployer is offering and will offer, to any alien or 
United States worker employed by or offered em-
ployment by the employer, during the period of au-
thorized employment for aliens admitted or provided 
such status, wages that are not less than the higher 
of— 
‘‘(i) the wage determination, if any, issued 
pursuant to subchapter IV of chapter 31 of title 
40, United States Code (commonly known as 
the ‘Davis-Bacon Act’); 
‘‘(ii) the wage determination, if any, issued 
pursuant to the Service Contract Act of 1965 
(41 U.S.C. 351 et seq.); 
‘‘(iii) the median rate of the highest 66 
percent of the wage data applicable to such oc-
cupational classification under the most recently 
published Occupational Employment Statistics 
Survey, compiled by the Bureau of Labor Sta-
tistics; or 
‘‘(iv) a wage that is not less than 150 per-
cent of the Federal minimum wage in effect 
under the Fair Labor Standards Act (29 U.S.C. 
201 et seq.); and 
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573 
‘‘(C) will provide working conditions for such 
alien that will not adversely affect the working con-
ditions of workers similarly employed. 
‘‘(2) An employer may not appeal a decision of the 
Secretary of Labor concerning the wages required to be 
paid under paragraph (1)(A) unless United States workers 
and their labor representatives are given the opportunity 
to submit contrary evidence or appeal that such required 
wages are too low. 
‘‘(3) An employer may not hire a nonimmigrant de-
scribed in section 101(a)(15)(H)(ii)(b) unless— 
‘‘(A) real prevailing wages in the occupational 
classification in which such nonimmigrant is to be 
hired are at least 3 percent higher than such wages 
during the preceding year under the Occupational 
Employment Statistics Survey compiled by the Bu-
reau of Labor Statistics; or 
‘‘(B) the employer offers to pay the H–2B 
worker or a United States worker a wage in the oc-
cupational classification in which such worker is to 
be hired that is at least 3 percent higher during the 
preceding year, after adjusting for inflation under 
the Occupational Employment Survey.’’. 
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574 
SEC. 584. CERTIFICATION REQUIREMENT. 
Section 214(c)(14) of the Immigration and Nation-
ality Act, as amended by section 101, is further amended 
by adding at the end the following: 
‘‘(G) A petition by an employer seeking to hire an 
alien described in section 101(a)(15)(H)(ii)(b) shall not 
be approved until the employer has provided written cer-
tification, under penalty of perjury, to the Secretary of 
Labor that— 
‘‘(i) the employer has not been required under 
law to provide a notice of a mass layoff pursuant to 
the Worker Adjustment and Retraining Notification 
Act (29 U.S.C. 2101 et seq.) during the 12-month 
period immediately preceding the date on which the 
alien is to be hired; and 
‘‘(ii) the employer does not intend to provide a 
notice of a mass layoff pursuant to such Act. 
‘‘(H) If an employer is required under law to provide 
a notice of a mass layoff pursuant to such Act after hiring 
nonimmigrants 
granted 
status 
under 
section 
101(a)(15)(H)(ii)(b), the status of such nonimmigrants 
shall expire on the date that is 60 days after the date 
on which such notice is provided. 
‘‘(I) An employer shall be exempt from the require-
ments under subparagraphs (G) and (H) if the employer 
provides written certification, under penalty of perjury, 
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575 
that the total number of the employer’s employees in the 
United States will not be reduced as a result of a mass 
layoff.’’. 
SEC. 585. PROTECTIONS FOR WORKERS. 
Section 214(c)(14) of the Immigration and Nation-
ality Act, as amended by section 104, is further amended 
by adding at the end the following: 
‘‘(J) Employers who hire nonimmigrants 
described in section 101(a)(15)(H)(ii)(b) shall 
reimburse the nonimmigrants for the reasonable 
transportation costs incurred by such non-
immigrants and United States workers to ini-
tially reach the job site and, once the period of 
employment for the job opportunity is com-
pleted, to return to their countries of origin or 
to the next place of employment, if the worker 
has contracted with a subsequent employer who 
has not agreed to provide or pay for the work-
er’s transportation to such subsequent employ-
er’s place of employment. The amount of reim-
bursement for such transportation expenses 
shall not exceed the lesser of— 
‘‘(i) the actual cost to the worker or 
alien of the transportation and subsistence 
involved; or 
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‘‘(ii) the most economical and reason-
able 
common 
carrier 
transportation 
charges and subsistence costs for the dis-
tance involved. 
‘‘(K)(i) 
Employers 
who 
hire 
non-
immigrants 
described 
in 
section 
101(a)(15)(H)(ii)(b) shall guarantee to offer 
the worker employment for at least 75 percent 
of the workdays of the total periods during 
which the work contract and all extensions of 
such contract are in effect, beginning with the 
first workday after the arrival of the worker at 
the place of employment and ending on the ex-
piration date specified in the work contract or 
in its extensions, if any. 
‘‘(ii) If the employer affords a worker dur-
ing the total work contract period less employ-
ment than that required under this subpara-
graph, the employer shall pay the worker the 
amount which the worker would have earned 
had the worker worked for the guaranteed num-
ber of days. 
‘‘(iii) In this subparagraph, the term 
‘workday’— 
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‘‘(I) means a day in which the worker 
is offered the number of hours stated in 
the job order; and 
‘‘(II) excludes the worker’s Sabbath 
and Federal holidays. 
‘‘(iv) A work guarantee does not meet the 
requirements under this subparagraph unless 
the number of hours of work offered by the em-
ployer is equal to not less than the product of— 
‘‘(I) 75 percent of the workdays; mul-
tiplied by 
‘‘(II) the average number of hours per 
day stated in the job order. 
‘‘(v) A worker may be offered more than 
the specified hours of work on a single workday. 
‘‘(vi) The employer may not require, for 
purposes of meeting the work guarantee, that 
the worker work longer than the number of 
hours specified in the job order on a workday, 
the worker’s Sabbath, or a Federal holiday. 
‘‘(L) If the job opportunity is not covered 
by the State workers’ compensation law, the 
employer will provide, at no cost to the worker, 
insurance covering injury and disease arising 
out of, and in the course of, the worker’s em-
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ployment which will provide benefits at least 
equal to those provided under the State’s work-
ers’ compensation law for comparable employ-
ment.’’. 
SEC. 586. PETITIONS BY EMPLOYERS THAT HAVE SIGNED 
LABOR AGREEMENTS WITH UNIONS THAT OP-
ERATE HIRING HALLS. 
Section 212(v) of the Immigration and Nationality 
Act, as added by section 102, is amended by adding at 
the end the following: 
‘‘(5) An employer that seeks to hire an H–2B 
nonimmigrant may file an application with the Sec-
retary of Labor in accordance with this paragraph, 
instead of complying with paragraphs (1) through 
(4), if— 
‘‘(A) the employer has signed a labor 
agreement with a labor organization (as defined 
in section 2(5) of the Labor-Management Rela-
tions Act (29 U.S.C. 152(5)) under which the 
labor organization is responsible for referring 
applicants for employment to the employer 
under a procedure commonly known as a ‘hiring 
hall’ or ‘referral hall’; and 
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‘‘(B) the application is accompanied by a 
written statement prepared by the labor organi-
zation attesting that— 
‘‘(i) the labor organization operates a 
hiring hall that, pursuant to contractual 
agreement and actual practice, is a source 
of employees in the same or substantially 
equivalent occupational classification in 
which the employer seeks to employ an H– 
2B nonimmigrant; 
‘‘(ii) the labor organization does not 
have a sufficient number of qualified appli-
cants available for referral in the same or 
substantially equivalent occupational classi-
fication in which the employer seeks to em-
ploy an H–2B nonimmigrant; 
‘‘(iii) the labor organization has ad-
vertised, for at least 5 consecutive days, 
the availability of the job opportunity for 
which the employer is seeking to employ an 
H–2B nonimmigrant in the publication 
with the highest circulation in the labor 
market that is likely to be patronized by 
potential applicants; 
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580 
‘‘(iv) the employer is contractually ob-
ligated to pay all employees, in the same or 
substantially equivalent occupational classi-
fication in which the employer seeks to em-
ploy an H–2B nonimmigrant, wages and 
benefits set forth in a labor agreement 
with the labor organization, which equals 
or exceeds the prevailing wage rate the em-
ployer would be obligated to pay; and 
‘‘(v) the H–2B nonimmigrants who 
the employer seeks to employ will be paid 
not less than the same wages and benefits 
and be subject to the same terms and con-
ditions of employment set forth in the em-
ployer’s labor agreement with the labor or-
ganization.’’. 
SEC. 587. H–2B NONIMMIGRANT LABOR CERTIFICATION AP-
PLICATION FEES. 
(a) 
ESTABLISHMENT
OF
FEES.—Section 
212(a)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(5)(A)) is amended by adding the fol-
lowing: 
‘‘(v) ESTABLISHMENT
OF
H–2B
EM-
PLOYMENT
CERTIFICATION
APPLICATION 
FEE.— 
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581 
‘‘(I) IN
GENERAL.—The Sec-
retary of Labor shall impose a fee on 
an employer that submits an applica-
tion for an employment certification 
for aliens granted nonimmigrant sta-
tus under section 101(a)(15)(H)(ii)(b) 
to the Secretary of Labor under this 
subparagraph on or after the date 
that is 30 days after the date of en-
actment of the Increasing American 
Wages and Benefits Act of 2007. 
‘‘(II) 
FEE
DURING
INITIAL 
YEAR.—During the period beginning 
30 days after the date of enactment of 
the Increasing American Wages and 
Benefits Act of 2007 and ending 1 
year after such date, the fee imposed 
under subclause (I) shall be $800 for 
each application. 
‘‘(III) 
FEE
AFTER
INITIAL 
YEAR.—After the date that is one 
year after the date of enactment of 
the Increasing American Wages and 
Benefits Act of 2007, the fee imposed 
under subclause (I) shall be set at a 
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level the Secretary of Labor deter-
mines will ensure recovery of the full 
costs of carrying out labor certifi-
cation activities under this subpara-
graph and will recover any additional 
costs associated with the administra-
tion of the fees collected. 
‘‘(IV) 
PROHIBITION
ON
EM-
PLOYER ACCEPTING REIMBURSEMENT 
OF FEE.— 
‘‘(aa) IN GENERAL.—An em-
ployer subject to a fee under this 
clause shall not require or accept 
reimbursement, directly or indi-
rectly, of or other compensation 
for all or part of the cost of such 
fee. 
‘‘(bb) CIVIL
PENALTY.—If 
the Secretary of Labor deter-
mines, after notice and oppor-
tunity for a hearing, that a viola-
tion of item (aa) has occurred, 
the Secretary of Labor may im-
pose a civil penalty in an amount 
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not to exceed $5,000 per viola-
tion. 
‘‘(V) DEPOSIT
OF
FEES
AND 
PENALTIES.—Fees and civil penalties 
collected under this clause shall be de-
posited in the ‘H–2B Employment 
Certification Application Fee Account’ 
established under section 286(x).’’. 
(b) ESTABLISHMENT
OF ACCOUNT
AND USE
OF 
FUND.—Section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356) is amended by adding at the end the 
following: 
‘‘(x) H–2B EMPLOYMENT CERTIFICATION APPLICA-
TION FEE ACCOUNT.— 
‘‘(1) ESTABLISHMENT OF ACCOUNT.—There is 
established in the general fund of the Treasury a 
separate account, which shall be known as the ‘H– 
2B Employment Certification Application Fee Ac-
count’. Notwithstanding any other provision of this 
title, there shall be deposited as offsetting receipts 
into the account all amounts from the fees and civil 
penalties collected under section 212(a)(5)(A)(v). 
‘‘(2) USE OF FEES.—Of the amounts deposited 
into the H–2B Employment Certification Applica-
tion Fee Account under this subsection in each fiscal 
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