SEC. 123. 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) 
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. 
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‘‘(2) Upon the issuance of a visa to an applicant re-
ferred to in paragraph (1) who is inside the United States, 
the issuing officer of the Department of Homeland Secu-
rity shall provide the applicant with the material described 
in clauses (i), (ii), and (iii) of subparagraph (A).’’. 
SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOY-
EES. 
(a) IN GENERAL.—The Secretary of Labor is author-
ized to hire 200 additional employees to administer, over-
see, investigate, and enforce programs involving non-
immigrant 
employees 
described 
in 
section 
101(a)(15)(H)(i)(B). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 125. TECHNICAL CORRECTION. 
Section 212 of the Immigration and Nationality Act 
is amended by redesignating the second subsection (t), as 
added by section 1(b)(2)(B) of the Act entitled ‘‘An Act 
to amend and extend the Irish Peace Process Cultural and 
Training Program Act of 1998’’ (Public Law 108–449 
(118 Stat. 3470)), as subsection (u). 
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SEC. 126. APPLICATION. 
Except as specifically otherwise provided, the amend-
ments made by this title shall apply to applications filed 
on or after the date of the enactment of this Act. 
TITLE II—L–1 VISA FRAUD AND 
ABUSE PROTECTIONS 
SEC. 201. PROHIBITION ON OUTPLACEMENT OF L–1 NON-
IMMIGRANTS. 
(a) IN GENERAL.—Subparagraph (F) of section 
214(c)(2) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)(2)) is amended to read as follows: 
‘‘(F)(i) Unless an employer receives a waiver under 
clause (ii), an employer may not employ an alien, for a 
cumulative period of more than 1 year, who— 
‘‘(I) will serve in a capacity involving specialized 
knowledge with respect to an employer for purposes 
of section 101(a)(15)(L); and 
‘‘(II) will be stationed primarily at the worksite 
of an employer other than the petitioning employer 
or its affiliate, subsidiary, or parent, including pur-
suant to an outsourcing, leasing, or other con-
tracting agreement.’’ 
‘‘(ii) The Secretary of Homeland Security may grant 
a waiver of the requirements of clause (i) for an employer 
if the Secretary determines that the employer has estab-
lished that— 
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‘‘(I) the employer with whom the alien referred 
to in clause (i) would be placed has not displaced 
and does not intend to displace a United States 
worker employed by the employer within the period 
beginning 180 days after the date of the placement 
of such alien with the employer; 
‘‘(II) such alien will not be controlled and su-
pervised principally by the employer with whom the 
nonimmigrant would be placed; and 
‘‘(III) the placement of the nonimmigrant is not 
essentially an arrangement to provide labor for hire 
for an unaffiliated 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 specialized knowledge specific to the peti-
tioning 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. 202. 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 beneficiary of 2 
or more petitions under this subparagraph during 
the immediately preceding 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 activities; and 
‘‘(cc) the financial ability to commence 
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 sub-
mits an application to the Secretary of Homeland Security 
that contains— 
‘‘(I) evidence that the importing employer 
meets the requirements of this subsection; 
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‘‘(II) evidence that the beneficiary of the peti-
tion is eligible for nonimmigrant status under sec-
tion 101(a)(15)(L); 
‘‘(III) a statement summarizing the original pe-
tition; 
‘‘(IV) evidence that the importing employer has 
fully complied with the business plan submitted 
under clause (i)(I); 
‘‘(V) evidence of the truthfulness of any rep-
resentations made in connection with the filing of 
the original petition; 
‘‘(VI) evidence that the importing employer, for 
the entire period beginning on the date on which the 
petition was approved 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 during the approval 
period under clause (i) and the duties the beneficiary 
will perform at the new office during the extension 
period granted under this clause; 
‘‘(VIII) a statement describing the staffing at 
the new office, including the number of employees 
and the types of positions held by such employees; 
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‘‘(IX) evidence of wages paid to employees; 
‘‘(X) evidence of the financial status of the new 
office; and 
‘‘(XI) any other evidence or data prescribed by 
the Secretary. 
‘‘(iii) A new office employing the beneficiary of an 
L–1 petition approved under this paragraph shall do busi-
ness only through regular, systematic, and continuous pro-
vision of goods and services for the entire period for which 
the petition is sought. 
‘‘(iv) Notwithstanding clause (ii), and subject to the 
maximum period of authorized admission set forth in sub-
paragraph (D), the Secretary of Homeland Security, in 
the Secretary’s discretion, may approve a subsequently 
filed petition on behalf of the beneficiary to continue em-
ployment at the office described in this subparagraph for 
a period beyond the initially granted 12-month period if 
the importing employer has been doing business at the 
new office through regular, systematic, and continuous 
provision of goods and services for the 6 months imme-
diately preceding the date of extension petition filing and 
demonstrates that the failure to satisfy any of the require-
ments described in those subclauses was directly caused 
by extraordinary circumstances, as determined by the Sec-
retary in the Secretary’s discretion.’’. 
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SEC. 203. 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 Homeland Security shall work 
cooperatively with the Secretary of State to verify the ex-
istence or continued existence of a company or office in 
the United States or in a foreign country.’’. 
SEC. 204. 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 Security may ini-
tiate an investigation of any employer that employs non-
immigrants described in section 101(a)(15)(L) with re-
gard to the employer’s compliance with the requirements 
of this subsection. 
‘‘(ii) If the Secretary receives specific credible infor-
mation from a source who is likely to have knowledge of 
an employer’s practices, employment conditions, or com-
pliance with the requirements under this subsection, the 
Secretary may conduct an investigation into the employ-
er’s compliance with the requirements of this subsection. 
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The Secretary may withhold the identity of the source 
from the employer, and the source’s identity shall not be 
subject to disclosure under section 552 of title 5, United 
States Code. 
‘‘(iii) The Secretary shall establish a procedure for 
any person desiring to provide to the Secretary informa-
tion described in clause (ii) that may be used, in whole 
or in part, as the basis for the commencement of an inves-
tigation described in such clause, to provide the informa-
tion in writing on a form developed and provided by the 
Secretary and completed by or on behalf of the person. 
‘‘(iv) No investigation described in clause (ii) (or 
hearing described in clause (vi) based on such investiga-
tion) may be conducted with respect to information about 
a failure to comply with the requirements under this sub-
section, unless the Secretary receives the information not 
later than 24 months after the date of the alleged failure. 
‘‘(v) Before commencing an investigation of an em-
ployer under clause (i) or (ii), the Secretary shall provide 
notice to the employer of the intent to conduct such inves-
tigation. The notice shall be provided in such a manner, 
and shall contain sufficient detail, to permit the employer 
to respond to the allegations before an investigation is 
commenced. The Secretary is not required to comply with 
this clause if the Secretary determines that to do so would 
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interfere with an effort by the Secretary to investigate or 
secure compliance by the employer with the requirements 
of this subsection. There shall be no judicial review of a 
determination by the Secretary under this clause. 
‘‘(vi) If the Secretary, after an investigation under 
clause (i) or (ii), determines that a reasonable basis exists 
to make a finding that the employer has failed to comply 
with the requirements under this subsection, the Secretary 
shall provide the interested parties with notice of such de-
termination and an opportunity for a hearing in accord-
ance with section 556 of title 5, United States Code, not 
later than 120 days after the date of such determination. 
If such a hearing is requested, the Secretary shall make 
a finding concerning the matter by not later than 120 days 
after the date of the hearing. 
‘‘(vii) If the Secretary, after a hearing, finds a rea-
sonable basis to believe that the employer has violated the 
requirements under this subsection, the Secretary shall 
impose a penalty under subparagraph (L). 
‘‘(viii)(I) The Secretary may conduct surveys of the 
degree to which employers comply with the requirements 
under this section. 
‘‘(II) The Secretary shall— 
‘‘(aa) conduct annual compliance audits of not 
less than 1 percent of the employers that employ 
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nonimmigrants described in section 101(a)(15)(L) 
during the applicable fiscal year; 
‘‘(bb) conduct annual compliance audits 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. 205. 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 section 202, 203, and 204, is further amended by 
adding at the end the following: 
‘‘(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— 
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‘‘(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 
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)— 
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‘‘(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). 
‘‘(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-
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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. 206. 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 administrative 
remedies (including civil monetary penalties in an amount 
not to exceed $2,000 per violation) as the Secretary deter-
mines to be appropriate; 
‘‘(II) the Secretary may not, during a period of at 
least 1 year, approve a petition for that employer to em-
ploy 1 or more aliens as such nonimmigrants; and 
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‘‘(III) in the case of a violation of subparagraph (J) 
or (L), the employer shall be liable to the employees 
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 
‘‘(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. 207. 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 section 202, 
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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. 
‘‘(ii) In this subparagraph, the term ‘employee’ in-
cludes— 
‘‘(I) a current employee; 
‘‘(II) a former employee; and 
‘‘(III) an applicant for employment.’’. 
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SEC. 208. 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. 209. 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. 210. 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. 211. 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 
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. 
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(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. 
Æ 
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