SEC. 202. L VISAS. 
(a) IN GENERAL.—Section 214(c)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(c)(2)) is amended 
by adding at the end the following: 
‘‘(G)(i) An employer of an alien who will serve in a 
capacity for the employer involving specialized knowledge 
under section 101(a)(15)(L) for a cumulative period of time 
in excess of 6 months over a 2-year period— 
‘‘(I)(aa) except as provided in item (bb), will 
offer to the alien during the period of authorized em-
ployment wages that are at least— 
‘‘(AA) the actual wage level paid by the em-
ployer to all other individuals with similar expe-
rience and qualifications for the specific employ-
ment in question; or 
‘‘(BB) the prevailing wage level for the oc-
cupational classification in the area of employ-
ment, whichever is greater, based on the best in-
formation available; or 
‘‘(bb) if 80 percent or more of the employer’s 
workers in the same occupational classification as the 
alien and in the same area of employment as the 
alien are United States workers (as defined in section 
212(n)(4)), will offer to the alien during the period of 
authorized employment wages that are at least the ac-
tual wage level paid by the employer to all other indi-
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viduals with similar experience and qualifications for 
the specific employment in question; and 
‘‘(II) will provide working conditions for such 
alien that will not adversely affect the working condi-
tions of workers similarly employed. 
‘‘(ii) In complying with the requirements of clause (i), 
an employer may keep the alien on their home country pay-
roll, and may take into account the value of wages paid 
by the employer to the alien in the currency of the alien’s 
home country, the value of benefits paid by the employer 
to the alien in the alien’s home country, employer-provided 
housing or housing allowances, employer-provided vehicles 
or transportation allowances, and other benefits provided 
to the alien as an incident of the assignment in the United 
States. 
‘‘(iii) The Secretary of Labor shall have the same in-
vestigatory and enforcement powers to ensure compliance 
with this subparagraph as are set forth in section 
212(n)(2).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to employers with respect to 
aliens issued visas or otherwise provided nonimmigrant sta-
tus under section 101(a)(15)(L) of the Immigration and 
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Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after such 
date. 
SEC. 203. O VISAS. 
(a) PORTABILITY OF O VISAS.—The first sentence of 
section 214(n)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1184(n)(1)) is amended— 
(1) by striking ‘‘section 101(a)(15)(H)(i)(b)’’ 
and inserting ‘‘subparagraphs (H)(i)(b) and (O)(i) of 
section 101(a)(15)’’; and 
(2) by inserting ‘‘under such sections’’ after ‘‘new 
employment’’. 
(b) 3-YEAR WAIVER OF NEW O–1 CONSULTATIONS FOR 
ARTS AND MOTION PICTURES AND TELEVISION AND TRANS-
PARENCY FOR O–1 VISAS FOR MOTION PICTURES AND TEL-
EVISION.— 
(1) IN GENERAL.—Section 214(c)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1184(c)(3)) 
is amended— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) by striking the first two sentences of the 
matter that follows subparagraph (B) and insert-
ing the following: ‘‘In the case of an alien seek-
ing entry for a motion picture or television pro-
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duction, (i) any opinion under the previous sen-
tence shall only be advisory, (ii) any such opin-
ion that recommends denial must be in writing, 
(iii) in making the decision the Secretary of 
Homeland Security shall consider the exigencies 
and scheduling of the production, (iv) the Sec-
retary of Homeland Security shall append to the 
decision any such opinion, and (v) upon making 
the decision, the Secretary of Homeland Security 
shall immediately provide a copy of the decision 
to the consulting labor and management organi-
zations. The Secretary of Homeland Security 
shall provide by regulation for the waiver of the 
consultation requirement under subparagraph 
(A) in the case of aliens who have been admitted 
as 
nonimmigrants 
under 
section 
101(a)(15)(O)(i) because of extraordinary ability 
in the arts or extraordinary achievement in mo-
tion picture or television production and who 
seek readmission to perform similar services 
within 3 years after the date of a consultation 
under such subparagraph provided that, in the 
case of aliens admitted because of extraordinary 
achievement in motion picture or television pro-
duction, such waiver shall apply only if the 
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prior consultations by the appropriate union 
and management organization were favorable or 
raised no objection to the approval of the peti-
tion.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment of this Act and shall apply to petitions filed 
under section 214(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)) on or after such date and 
to consultation decisions made before, on, or after 
such date. 
SEC. 204. MEXICAN AND CANADIAN PROFESSIONALS. 
Section 214(e) of the Immigration and Nationality Act 
(8 U.S.C. 1184(e)) is amended by adding at the end the 
following: 
‘‘(7)(A) An employer of a Mexican or Canadian profes-
sional under this subsection— 
‘‘(i)(I) except as provided in subclause (II), will 
offer to the alien during the period of authorized em-
ployment wages that are at least— 
‘‘(aa) the actual wage level paid by the em-
ployer to all other individuals with similar expe-
rience and qualifications for the specific employ-
ment in question; or 
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‘‘(bb) the prevailing wage level for the occu-
pational classification in the area of employ-
ment, whichever is greater, based on the best in-
formation available; or 
‘‘(II) if 80 percent or more of the employer’s 
workers in the same occupational classification as the 
alien and in the same area of employment as the 
alien are United States workers (as defined in section 
212(n)(4)), will offer to the alien during the period of 
authorized employment wages that are at least the ac-
tual wage level paid by the employer to all other indi-
viduals with similar experience and qualifications for 
the specific employment in question (but, in the case 
of an employer with more than 25 employees, in no 
event shall such wages be lower than the mean of the 
lowest one-half of wages surveyed pursuant to section 
212(p)(5)); and 
‘‘(ii) will provide working conditions for such 
alien that will not adversely affect the working condi-
tions of workers similarly employed. 
‘‘(B) The Secretary of Labor shall have the same inves-
tigatory and enforcement powers to ensure compliance with 
this paragraph as are set forth in section 212(n)(2).’’. 
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SEC. 205. H-1B1 AND E-3 VISAS. 
Section 212(t)(1)(A)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(t)(1)(A)(i)) (as added by sec-
tion 402(b)(2) of Public Law 108-77 (117 Stat. 941)) is 
amended— 
(1) by striking ‘‘; and’’ at the end and inserting 
‘‘; or’’; 
(2) by redesignating subclauses (I) and (II) as 
items (aa) and (bb), respectively; 
(3) by striking ‘‘(i)’’ and inserting ‘‘(i)(I)’’; 
(4) by inserting ‘‘except as provided in subclause 
(II),’’ before ‘‘is offering’’; and 
(5) by adding at the end the following: 
‘‘(II) if 80 percent or more of the employer’s 
workers in the same occupational classification 
as the alien admitted or provided status under 
section 
101(a)(15)(H)(i)(b1) 
or 
101(a)(15)(E)(iii) and in the same area of em-
ployment as the alien admitted or provided sta-
tus 
under 
section 
101(a)(15)(H)(i)(b1) 
or 
101(a)(15)(E)(iii) are United States workers (as 
defined in subsection (n)(4)), is offering and will 
offer during the period of authorized employment 
to aliens admitted or provided status under sec-
tion 
101(a)(15)(H)(i)(b1) 
or 
section 
101(a)(15)(E)(iii) wages that are at least the ac-
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tual wage level paid by the employer to all other 
individuals with similar experience and quali-
fications for the specific employment in question 
(but, in the case of an employer with more than 
25 employees, in no event shall such wages be 
lower than the mean of the lowest one-half of 
wages surveyed pursuant to subsection (p)(5)); 
and’’. 
SEC. 206. STUDENTS. 
(a) DUAL INTENT.— 
(1) IN GENERAL.—Section 101(a)(15)(F) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(F)) is amended to read as follows: 
‘‘(F) an alien— 
‘‘(i) who— 
‘‘(I) is a bona fide student qualified to 
pursue a full course of study in a field of 
science, technology, engineering, or mathe-
matics 
(as 
defined 
in 
section 
203(b)(6)(B)(ii)) leading to a bachelors or 
graduate degree and who seeks to enter the 
United States for the purpose of pursuing 
such a course of study consistent with sec-
tion 214(m) at an institution of higher edu-
cation (as described in section 101(a) of the 
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Higher Education Act of 1965 (20 U.S.C. 
1001(a))) or a proprietary institution of 
higher education (as defined in section 
102(b) of such Act (20 U.S.C. 1002(b))) in 
the United States, particularly designated 
by the alien and approved by the Secretary 
of Homeland Security, after consultation 
with the Secretary of Education, which in-
stitution shall have agreed to report to the 
Secretary of Homeland Security the deter-
mination of attendance of each non-
immigrant student, and if any such institu-
tion fails to make reports promptly the ap-
proval shall be withdrawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I); 
‘‘(ii) who— 
‘‘(I) has a residence in a foreign coun-
try which the alien has no intention of 
abandoning, who is a bona fide student 
qualified to pursue a full course of study, 
and who seeks to enter the United States 
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temporarily and solely for the purpose of 
pursuing such a course of study consistent 
with section 214(m) at an established col-
lege, university, seminary, conservatory, 
academic high school, elementary school, or 
other academic institution or in a language 
training program in the United States, par-
ticularly designated by the alien and ap-
proved by the Secretary of Homeland Secu-
rity, after consultation with the Secretary of 
Education, which institution of learning or 
place of study shall have agreed to report to 
the Secretary of Homeland Security the de-
termination of attendance of each non-
immigrant student, and if any such institu-
tion of learning or place of study fails to 
make reports promptly the approval shall be 
withdrawn; or 
‘‘(II) is engaged in temporary employ-
ment for optional practical training related 
to such alien’s area of study following com-
pletion of the course of study described in 
subclause (I); 
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‘‘(iii) who is the spouse or minor child of 
an alien described in clause (i) or (ii) if accom-
panying or following to join such an alien; or 
‘‘(iv) who is a national of Canada or Mex-
ico, who maintains actual residence and place of 
abode in the country of nationality, who is de-
scribed in clause (i) or (ii) except that the alien’s 
qualifications for and actual course of study 
may be full or part-time, and who commutes to 
the United States institution or place of study 
from Canada or Mexico;’’. 
(2) ADMISSION.—Section 214(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1184(b)), as 
amended by section 108(d)(1) of this Act, is further 
amended by striking ‘‘(L) or (V)’’ inserting ‘‘(F)(i), 
(L), or (V)’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
214(m)(1) of the Immigration and Nationality Act (8 
U.S.C. 1184(m)(1)) is amended, in the matter pre-
ceding subparagraph (A), by striking ‘‘(i) or (iii)’’ 
and inserting ‘‘(i), (ii), or (iv)’’. 
(b) OPTIONAL PRACTICAL TRAINING
FOR FOREIGN 
STUDENTS.—Section 214 of the Immigration and Nation-
ality Act (8 U.S.C. 1184) is amended by adding at the end 
the following: 
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‘‘(s)(1) An employer providing optional practical 
training to an alien who has been issued a visa or otherwise 
provided nonimmigrant status under subparagraph (F) or 
(M) of section 101(a)(15) after completion of the alien’s 
course of study— 
‘‘(A)(i) except as provided in clause (ii), shall 
offer to the alien during the period of optional prac-
tical training wages that are at least— 
‘‘(I) the actual wage level paid by the 
employer to all other individuals with simi-
lar experience and qualifications for the 
specific employment in question; or 
‘‘(II) the prevailing wage level for the 
occupational classification in the area of 
employment, whichever is greater, based on 
the best information available; or 
‘‘(ii) if 80 percent or more of the employer’s 
workers in the same occupational classification as the 
alien and in the same area of employment as the 
alien are United States workers (as defined in section 
212(n)(4)), shall offer to the alien during the period 
of authorized employment wages that are at least the 
actual wage level paid by the employer to all other in-
dividuals with similar experience and qualifications 
for the specific employment in question (but, in the 
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case of an employer with more than 25 employees, in 
no event shall such wages be lower than the mean of 
the lowest one-half of wages surveyed pursuant to sec-
tion 212(p)(5)); and 
‘‘(B) shall provide working conditions for such 
alien that will not adversely affect the working condi-
tions of workers similarly employed. 
‘‘(2) The Secretary of Labor has the same investigatory 
and enforcement powers to ensure compliance with para-
graph (1) as are set forth in section 212(n)(2).’’. 
(c) EFFECTIVE DATES.— 
(1) The amendments made by subsection (a) 
shall take effect on the date of the enactment of this 
Act, and shall apply to nonimmigrants who possess or 
are granted status under section 101(a)(15)(F) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a))(15)(F)) on or after such date. 
(2) The amendment made by subsection (b) shall 
apply to employers with respect to aliens who begin 
post-course of study optional practical training with 
them on or after the date of the enactment of this Act. 
SEC. 207. EXTENSION OF EMPLOYMENT ELIGIBILITY WHILE 
VISA EXTENSION PETITION PENDING. 
(a) IN GENERAL.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184, as amended by section 
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205(b), is further amended by adding at the end the fol-
lowing: 
‘‘(t) A nonimmigrant issued a visa or otherwise pro-
vided nonimmigrant status under subparagraph (A), (E), 
(G), (H), (I), (J), (L), (O), (P), (Q), or (R) of section 
101(a)(15), or section 214(e), and otherwise as the Sec-
retary of Homeland Security may by regulations prescribe, 
whose status has expired but who has, or whose sponsoring 
employer or authorized agent has, filed a timely application 
or petition for an extension of authorized status as provided 
under this section, is authorized to continue employment 
with the same employer for a period not to exceed 240 days 
beginning on the date of the expiration of the authorized 
period of stay until and unless the application or petition 
is denied. Such authorization shall be subject to the same 
conditions and limitations noted on the original authoriza-
tion.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to aliens issued visas or other-
wise provided nonimmigrant status before, on, or after such 
date. 
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SEC. 208. FRAUD DETECTION AND PREVENTION FEE. 
Section 214(c)(12)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1184(c)(12)(A)) is amended by adding 
at the end the following: 
‘‘The Secretary of Homeland Security shall also impose the 
fee described in the preceding sentence on an employer filing 
an attestation under section 212(t)(1) or employing an 
alien pursuant to subsection (e).’’. 
SEC. 209. TECHNICAL CORRECTION. 
The second subsection designated as subsection (t) of 
section 212 of the Immigration and Nationality Act (8 
U.S.C. 1182) (as added by section 1(b)(2)(B) of Public Law 
108–449 (118 Stat. 3470)) is redesignated as subsection (u) 
of such section. 
TITLE III—REFORMS AFFECTING 
BOTH IMMIGRANT AND NON-
IMMIGRANT VISAS 
SEC. 301. PREVAILING WAGES. 
(a) IN GENERAL.—Section 212(p) of the Immigration 
and Nationality Act (8 U.S.C. 1182(p)) is amended— 
(1) in paragraph (1), by striking ‘‘subsections 
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’ and 
inserting ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) of this section, and subsections 
(c)(2)(G), (e), and (s) of section 214,’’; 
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(2) by redesignating paragraphs (2) through (4) 
as paragraphs (3) through (5), respectively; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) In computing the prevailing wage level for an oc-
cupational classification in an area of employment for pur-
poses of subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), 
(e), and (s) of section 214, the wage level shall be the wage 
level specified in subparagraph (A), (B), or (C) of para-
graph (5) depending on the experience, education, and level 
of supervision required for the position.’’; 
(4) in paragraph (4) (as redesignated), by strik-
ing ‘‘subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
(t)(1)(A)(i)(II)’’ and inserting ‘‘subsections (a)(5)(A), 
(n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, 
and subsections (c)(2)(G), (e), and (s) of section 
214,’’; 
(5) by amending paragraph (5) (as redesignated) 
to read as follows: 
‘‘(5) Subject to paragraph (2), the Secretary of Labor 
shall make available to employers a governmental survey 
to determine the prevailing wage for each occupational clas-
sification by metropolitan statistical area in the United 
States. Such survey, or other survey approved by the Sec-
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retary of Labor, shall provide 3 levels of wages commensu-
rate with experience, education, and level of supervision. 
Such wage levels shall be determined as follows: 
‘‘(A) The first level shall be the mean of the low-
est two-thirds of wages surveyed, but in no case less 
than 80 percent of the mean of the wages surveyed. 
‘‘(B) The second level shall be the mean of wages 
surveyed. 
‘‘(C) The third level shall be the mean of the 
highest two-thirds of wages surveyed.’’; and 
(6) by adding at the end the following: 
‘‘(6) An employer may use an independent authori-
tative survey approved by the Secretary of Labor for pur-
poses of paragraph (5), if— 
‘‘(A) the survey data was collected within 24 
months; 
‘‘(B) the survey was published within the prior 
24 months; 
‘‘(C) the survey reflects the area of intended em-
ployment; 
‘‘(D) the employer’s job description adequately 
matches the job description in the survey; 
‘‘(E) the survey is across industries that employ 
workers in the occupation; 
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‘‘(F) the wage determination is based on the 
arithmetic mean (weighted average); and 
‘‘(G) the survey identifies a statistically valid 
methodology that was used to collect the data.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply to employers with regard to 
labor certifications under sections 212(a)(5)(A) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(5)(A)), 
labor condition applications under section 212(n)(1) of such 
Act (8 U.S.C. 1182(n)(1)), and attestations under section 
212(t)(1) of such Act (8 U.S.C. 1182(t)(1)), filed on or after 
such date, to employers with regard to aliens issued visas 
or otherwise provided nonimmigrant status under section 
101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)) on or 
after such date, and to employers with regard to aliens they 
provide post-course of study optional practical training 
that begins on or after such date. 
SEC. 302. STREAMLINING PETITIONS FOR ESTABLISHED 
EMPLOYERS. 
(a) IN GENERAL.—Section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by this 
Act, is further amended by adding at the end the following: 
‘‘(16) The Secretary of Homeland Security shall estab-
lish a pre-certification procedure for employers who file 
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100 
multiple petitions described in this subsection or section 
204(a)(1)(F). Such precertification procedure shall enable 
an employer to avoid repeatedly submitting documentation 
that is common to multiple petitions and establish, through 
a single filing, criteria relating to the employer and the 
offered employment opportunity.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply to petitions filed under section 
204(a)(1)(F) or 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1154(a)(1)(F) or 1184(c)) beginning 180 days 
after such date. 
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Union Calendar No. 507 
113TH CONGRESS 
2D SESSION 
H. R. 2131 
[Report No. 113–676, Part I] 
A BILL 
To amend the Immigration and Nationality Act to 
enhance American competitiveness through the 
encouragement of high-skilled immigration, and 
for other purposes. 
DECEMBER 15, 2014 
Reported from the Committee on the Judiciary with an 
amendment 
DECEMBER 15, 2014 
The Committee on Education and the Workforce dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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Fmt 6651
Sfmt 6651
E:\BILLS\H2131.RH
H2131
tkelley on DSK3SPTVN1PROD with BILLS