‘‘(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.’’. 
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 sections 201 
and 202, is further amended by adding at the end the 
following: 
‘‘(I) 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 for purposes of 
approving petitions under this paragraph.’’. 
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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 201 
through 203, is further amended by adding at the end the 
following: 
‘‘(J)(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 
under 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. 
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-
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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 
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-
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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 (K). 
‘‘(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 one percent of the employers that employ 
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 section 
101(a)(15)(L); and 
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‘‘(cc) make available to the public an executive 
summary or report describing the general findings of 
the audits carried out pursuant to this subclause. 
‘‘(ix) The Secretary is authorized to take other such 
actions, including issuing subpoenas and seeking appro-
priate injunctive relief and specific performance of con-
tractual obligations, as may be necessary to assure em-
ployer compliance with the terms and conditions under 
this paragraph. The rights and remedies provided to non-
immigrants described in section 101(a)(15)(L) under this 
paragraph are in addition to, and not in lieu of, any other 
contractual or statutory rights and remedies of such non-
immigrants, and are not intended to alter or affect such 
rights and remedies.’’. 
SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L– 
1 NONIMMIGRANTS. 
(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 201 through 204, is further amended by 
adding at the end the following: 
‘‘(K)(i) An employer that employs a nonimmigrant 
described in section 101(a)(15)(L) for a cumulative period 
of time in excess of one year shall— 
‘‘(I) offer such nonimmigrant, during the period 
of authorized employment, wages, based on the best 
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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 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 by the em-
ployer or by an employer with which such non-
immigrant is placed pursuant to a waiver under sub-
paragraph (F)(ii). 
‘‘(ii) If an employer, in such previous period specified 
by the Secretary of Homeland Security, employed one 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. 
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‘‘(iii) It is a failure to meet a condition under this 
subparagraph for an employer who has filed a petition to 
import one or more aliens as nonimmigrants described in 
section 101(a)(15)(L)— 
‘‘(I) to require such a nonimmigrant to pay a 
penalty or liquidated damages for ceasing employ-
ment with the employer before a date mutually 
agreed to by the nonimmigrant 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).’’. 
(b) RULEMAKING.—The Secretary of Homeland Se-
curity, after notice and a period of comment and taking 
into consideration any special circumstances relating to 
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intracompany transfers, shall promulgate rules to imple-
ment the requirements under section 214(c)(2)(K) of the 
Immigration and Nationality Act, as added by subsection 
(a). 
SEC. 206. PENALTIES. 
Section 214(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(2)), as amended by sections 201 
through 205, is further amended by adding at the end the 
following: 
‘‘(L)(i) If the Secretary of Homeland Security deter-
mines, after notice and an opportunity for a hearing, that 
an employer failed to meet a condition under subpara-
graph (F), (G), (K), or (M), or misrepresented a material 
fact in a petition to employ one 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 
in an amount not to exceed $5,000 per violation) as 
the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least one year, approve a petition for that em-
ployer to employ one or more aliens as such non-
immigrants; and 
‘‘(III) in the case of a violation of subparagraph 
(K) or (M), the employer shall be liable to the em-
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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), (K), or 
(M) or a willful misrepresentation of material fact in a 
petition to employ one 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 $25,000 per violation) 
as the Secretary determines to be appropriate; 
‘‘(II) the Secretary may not, during a period of 
at least two years, approve a petition filed for that 
employer to employ one or more aliens as such non-
immigrants; and 
‘‘(III) in the case of a violation of subparagraph 
(K) or (M), 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 sections 201 
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through 206, is further amended by adding at the end the 
following: 
‘‘(M)(i) An employer that has filed a petition to im-
port one or more aliens as nonimmigrants described in sec-
tion 101(a)(15)(L) violates this subparagraph by taking, 
failing to take, or threatening to take or fail to take, a 
personnel action, or intimidating, threatening, restraining, 
coercing, blacklisting, discharging, or discriminating 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 under this subsection, or any rule or 
regulation 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. ADJUDICATION BY DEPARTMENT OF HOMELAND 
SECURITY OF PETITIONS UNDER BLANKET 
PETITION. 
(a) IN GENERAL.—Section 214(c)(2)(A) of the Immi-
gration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is 
amended to read as follows: 
‘‘(2)(A) The Secretary of Homeland Security shall es-
tablish a procedure under which an importing employer 
that meets the requirements established by the Secretary 
may file a blanket petition to authorize aliens to enter the 
United States as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) on behalf of such aliens. Such procedure 
shall permit— 
‘‘(i) the expedited processing by the Secretary 
of State of visas for admission of aliens covered 
under such blanket petitions; and 
‘‘(ii) the expedited adjudication by the Sec-
retary of Homeland Security of individual petitions 
covered under such blanket petitions.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to petitions filed on or after the 
date of the enactment of this Act. 
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