I 
109TH CONGRESS 
1ST SESSION H. R. 3381 
To amend the Immigration and Nationality Act with respect to the admission 
of L–1 intra-company transferee nonimmigrants. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2005 
Ms. DELAURO (for herself, Mr. MCGOVERN, Mr. LANTOS, Ms. SCHAKOWSKY, 
Ms. WOOLSEY, Mr. DEFAZIO, Mr. ROHRABACHER, Mr. PASTOR, Mr. 
SANDERS, Mr. LARSON of Connecticut, and Mr. MOORE of Kansas) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend the Immigration and Nationality Act with respect 
to the admission of L–1 intra-company transferee non-
immigrants. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘L–1 Nonimmigrant 
Reform Act’’. 
SEC. 2. REVISION OF L–1 NONIMMIGRANT PROGRAM. 
(a) IN GENERAL.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended—
(1) by redesignating the second subsection (p) 
as subsection (s); and 
(2) by adding at the end the following new sub-
section: 
‘‘(t)(1) No alien may be admitted or provided status 
as an L–1 nonimmigrant in an occupational classification 
unless the employer has filed with the Secretary of Labor 
an application stating the following: 
‘‘(A) The employer— 
‘‘(i) is offering and will offer during the 
period of authorized employment to aliens ad-
mitted or provided status as an L–1 non-
immigrant wages that are at least— 
‘‘(I) the locally determined prevailing 
wage level for the occupational classifica-
tion in the area of employment, 
‘‘(II) the median average wage for all 
workers in the occupational classification 
in the area of employment, or 
‘‘(III) the median wage for skill level 
two in the occupational classification found 
in the most recent Occupation Employ-
ment Statistics survey,
whichever is greatest, based on the best infor-
mation available as of the time of filing the ap-
plication, and 
‘‘(ii) will provide working conditions for 
such a nonimmigrant that will not adversely af-
fect the working conditions of workers similarly 
employed. 
The wage determination methodology used under 
clause (i) shall be submitted with the application. 
‘‘(B) There is not a strike or lockout in the 
course of a labor dispute in the occupational classi-
fication at the place of employment. 
‘‘(C) The employer, at the time of filing the ap-
plication— 
‘‘(i) has provided notice of the filing under 
this paragraph to the bargaining representative 
(if any) of the employer’s employees in the oc-
cupational classification and area for which 
aliens are sought, or 
‘‘(ii) if there is no such bargaining rep-
resentative, has provided notice of filing in the 
occupational classification through such meth-
ods as physical posting in conspicuous locations 
at the place of employment or electronic notifi-
cation to employees in the occupational classi-
fication for which L–1 nonimmigrants are 
sought. 
‘‘(D) The application shall contain a specifica-
tion of the occupational classification in which the 
worker will be employed and wage rate and condi-
tions under which the worker will be employed. 
‘‘(E) The employer did not displace and will not 
displace a United States worker (as defined in para-
graph (4)) employed by the employer within the pe-
riod beginning 180 days before and ending 180 days 
after the date of filing of any visa petition supported 
by the application. 
The employer shall make available for public examination, 
within one working day after the date on which an applica-
tion under this paragraph is filed, at the employer’s prin-
cipal place of business or worksite, a copy of each such 
application (and such accompanying documents as are 
necessary). The Secretary shall compile, on a current 
basis, a list (by employer and by occupational classifica-
tion) of the applications filed under this subsection. Such 
list shall include the wage rate, number of aliens sought, 
their country of origin, period of intended employment, 
and date of need. The Secretary shall make such list avail-
able for public examination in Washington, D.C.
‘‘(2)(A) Subject to paragraph (5)(A), the Secretary 
shall establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner’s failure 
to meet a condition specified in an application submitted 
under paragraph (1) or a petitioner’s misrepresentation 
of material facts in such an application. Complaints may 
be filed by any aggrieved person or organization (including 
bargaining representatives). No investigation or hearing 
shall be conducted on a complaint concerning such a fail-
ure or misrepresentation unless the complaint was filed 
not later than 12 months after the date of the failure or 
misrepresentation, respectively. The Secretary shall con-
duct an investigation under this paragraph if there is rea-
sonable cause to believe that such a failure or misrepresen-
tation has occurred. In addition, the Secretary may con-
duct surveys of the level of compliance by employers with 
the provisions and requirements of this subsection and 
may conduct annual compliance audits in the case of em-
ployers that employ L–1 nonimmigrants. 
‘‘(B) Under such process, the Secretary shall provide, 
within 30 days after the date such a complaint is filed, 
for a determination as to whether or not a reasonable 
basis exists to make a finding described in subparagraph 
(C). If the Secretary determines that such a reasonable 
basis exists, the Secretary shall provide for notice of such
determination to the interested parties and an opportunity 
for a hearing on the complaint, in accordance with section 
556 of title 5, United States Code, within 60 days after 
the date of the determination. If such a hearing is re-
quested, the Secretary shall make a finding concerning the 
matter by not later than 60 days after the date of the 
hearing. In the case of similar complaints respecting the 
same applicant, the Secretary may consolidate the hear-
ings under this subparagraph on such complaints. 
‘‘(C)(i) If the Secretary finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition of para-
graph (1)(B), (1)(E), or (1)(F), a substantial failure to 
meet a condition of paragraph (1)(C), (1)(D), or 
(1)(G)(i)(I), or a misrepresentation of material fact in an 
application— 
‘‘(I) the Secretary shall notify the Secretary of 
Homeland Security of such finding and may, in ad-
dition, impose such other administrative remedies 
(including civil monetary penalties in an amount not 
to exceed $1,000 per violation) as the Secretary de-
termines to be appropriate; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer under section 204 or 214(c) during a period
of at least 1 year for aliens to be employed by the 
employer. 
‘‘(ii) If the Secretary finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a condition 
of paragraph (1), a willful misrepresentation of material 
fact in an application, or a violation of clause (iv)— 
‘‘(I) the Secretary shall notify the Secretary of 
Homeland Security of such finding and may, in ad-
dition, impose such other administrative remedies 
(including civil monetary penalties in an amount not 
to exceed $5,000 per violation) as the Secretary de-
termines to be appropriate; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer under section 204 or 214(c) during a period 
of at least 2 years for aliens to be employed by the 
employer. 
‘‘(iii) If the Secretary finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a condition 
of paragraph (1) or a willful misrepresentation of material 
fact in an application, in the course of which failure or 
misrepresentation the employer displaced a United States 
worker employed by the employer within the period begin-
ning 180 days before and ending 180 days after the date
of filing of any visa petition supported by the applica-
tion— 
‘‘(I) the Secretary shall notify the Secretary of 
Homeland Security of such finding and may, in ad-
dition, impose such other administrative remedies 
(including civil monetary penalties in an amount not 
to exceed $35,000 per violation) as the Secretary de-
termines to be appropriate; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer under section 204 or 214(c) during a period 
of at least 3 years for aliens to be employed by the 
employer. 
‘‘(iv) It is a violation of this clause for an employer 
who has filed an application under this subsection to in-
timidate, threaten, restrain, coerce, blacklist, discharge, or 
in any other manner discriminate against an employee 
(which term, for purposes of this clause, includes a former 
employee and an applicant for employment) because the 
employee has disclosed information to the employer, or to 
any other person, that the employee reasonably believes 
evidences a violation of this subsection, or any rule or reg-
ulation pertaining to this subsection, or because the em-
ployee cooperates or seeks to cooperate in an investigation 
or other proceeding concerning the employer’s compliance
with the requirements of this subsection or any rule or 
regulation pertaining to this subsection. 
‘‘(v) The Secretary of Labor and the Secretary of 
Homeland Security shall devise a process under which an 
L–1 nonimmigrant who files a complaint regarding a vio-
lation of clause (iv) and is otherwise eligible to remain and 
work in the United States may be allowed to seek other 
appropriate employment in the United States for a period 
not to exceed the maximum period of stay authorized for 
such nonimmigrant classification. 
‘‘(vi)(I) It is a violation of this clause for an employer 
who has filed an application under this subsection to re-
quire an L–1 nonimmigrant to pay a penalty for ceasing 
employment with the employer prior to a date agreed to 
by the nonimmigrant and the employer. The Secretary 
shall determine whether a required payment is a penalty 
(and not liquidated damages) pursuant to relevant State 
law. 
‘‘(II) It is a violation of this clause for an employer 
who has filed an application under this subsection to re-
quire an alien who is the subject of a petition filed under 
section 214(c)(1), for which a fee is imposed under section 
214(c)(9), to reimburse, or otherwise compensate, the em-
ployer for part or all of the cost of such fee. It is a viola-
tion of this clause for such an employer otherwise to ac-
cept such reimbursement or compensation from such an 
alien. 
‘‘(III) If the Secretary finds, after notice and oppor-
tunity for a hearing, that an employer has committed a 
violation of this clause, the Secretary may impose a civil 
monetary penalty of $1,000 for each such violation (or 
$5,000 in the case of a second such violation by an em-
ployer or $10,000 for any subsequent such violation by 
the employer) and issue an administrative order requiring 
the return to the nonimmigrant of any amount paid in 
violation of this clause, or, if the nonimmigrant cannot be 
located, requiring payment of any such amount to the gen-
eral fund of the Treasury. 
‘‘(vii)(I) It is a failure to meet a condition of para-
graph (1)(A) for an employer, who has filed an application 
under this subsection and who places an L–1 non-
immigrant designated as a full-time employee on the peti-
tion filed under section 214(c)(1) by the employer with 
respect to the nonimmigrant, after the nonimmigrant has 
entered into employment with the employer, in nonproduc-
tive or part-time status due to a decision by the employer 
(based on factors such as lack of work), or due to the 
nonimmigrant’s lack of a permit or license, to fail to pay 
the nonimmigrant full-time wages in accordance with 
paragraph (1)(A) for all such nonproductive time.
‘‘(II) In the case of an L–1 nonimmigrant who has 
not yet entered into employment with an employer who 
has had approved an application under this subsection, 
and a petition under section 214(c)(1), with respect to the 
nonimmigrant, the provisions of subclauses (I) and (II) 
shall apply to the employer beginning 30 days after the 
date the nonimmigrant first is admitted into the United 
States pursuant to the petition, or 60 days after the date 
the nonimmigrant becomes eligible to work for the em-
ployer (in the case of a nonimmigrant who is present in 
the United States on the date of the approval of the peti-
tion). 
‘‘(III) This clause does not apply to a failure to pay 
wages to an L–1 nonimmigrant for nonproductive time 
due to non-work-related factors, such as the voluntary re-
quest of the nonimmigrant for an absence or cir-
cumstances rendering the nonimmigrant unable to work. 
‘‘(IV) This clause shall not be construed as prohib-
iting an employer that is a school or other educational in-
stitution from applying to an L–1 nonimmigrant an estab-
lished salary practice of the employer, under which the em-
ployer pays to L–1 nonimmigrants and United States 
workers in the same occupational classification an annual 
salary in disbursements over fewer than 12 months, if—
‘‘(aa) the nonimmigrant agrees to the com-
pressed annual salary payments prior to the com-
mencement of the employment; and 
‘‘(bb) the application of the salary practice to 
the nonimmigrant does not otherwise cause the non-
immigrant to violate any condition of the non-
immigrant’s authorization under this Act to remain 
in the United States. 
‘‘(V) This clause shall not be construed as super-
seding clause (viii). 
‘‘(viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under 
this subsection to fail to offer to an L–1 nonimmigrant, 
during the nonimmigrant’s period of authorized employ-
ment, benefits and eligibility for benefits (including the op-
portunity to participate in health, life, disability, and other 
insurance plans; the opportunity to participate in retire-
ment and savings plans; and cash bonuses and noncash 
compensation, such as stock options (whether or not based 
on performance)) on the same basis, and in accordance 
with the same criteria, as the employer offers to United 
States workers. 
‘‘(D)(i) If the Secretary finds, after notice and oppor-
tunity for a hearing, that an employer has willfully not 
paid wages at the wage level specified under the applica-
tion and required under paragraph (1), the Secretary shall 
order the employer to provide for payment of such 
amounts of double back pay as may be required to comply 
with the requirements of paragraph (1), whether or not 
a penalty under subparagraph (C) has been imposed. 
‘‘(ii) If the Secretary finds, after notice and oppor-
tunity for a hearing, that an employer willfully lays off 
a worker in violation of the terms of the application and 
this section, the Secretary shall order the employer to pro-
vide for payment of such amounts of double back pay for 
the workers so laid off. 
‘‘(E) The Secretary may, on a case-by-case basis, 
subject an employer to random investigations for a period 
of up to 5 years, beginning on the date (on or after the 
date of the enactment of the L–1 Nonimmigrant Reform 
Act) when the employer is found by the Secretary to have 
committed a willful failure to meet a condition of para-
graph (1) (or has been found under paragraph (5) to have 
committed a willful failure to meet the condition of para-
graph (1)(F)(i)(II)) or to have made a willful misrepresen-
tation of material fact in an application. The authority 
of the Secretary under this subparagraph shall not be con-
strued to be subject to, or limited by, the requirements 
of subparagraph (A).
‘‘(F)(i) If the Secretary receives specific credible in-
formation from a source, who is likely to have knowledge 
of an employer’s practices or employment conditions, or 
an employer’s compliance with the employer’s labor condi-
tion application under paragraph (1), and whose identity 
is known to the Secretary, and such information provides 
reasonable cause to believe that the employer has com-
mitted a willful failure to meet a condition of paragraph 
(1)(A), (1)(B), (1)(E), or (1)(F)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, 
or has committed a substantial failure to meet such a con-
dition that affects multiple employees, the Secretary may 
conduct a 30-day investigation into the alleged failure or 
failures. The Secretary (or the Acting Secretary in the 
case of the Secretary’s absence or disability) shall person-
ally certify that the requirements for conducting such an 
investigation have been met and shall approve commence-
ment of the investigation. 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. 
‘‘(ii) The Secretary shall establish a procedure for 
any person, desiring to provide to the Secretary informa-
tion described in clause (i) that may be used, in whole 
or in part, as the basis for commencement of an investiga-
tion described in such clause, to provide the information 
in writing on a form developed and provided by the Sec-
retary and completed by or on behalf of the person. 
‘‘(iii) Any investigation initiated or approved by the 
Secretary under clause (i) shall be based on information 
that satisfies the requirements of such clause. 
‘‘(iv) No investigation described in clause (i) (or hear-
ing described in clause (vi)) may be conducted with respect 
to information about a failure to meet a condition de-
scribed in clause (i), unless the Secretary receives the in-
formation not later than 12 months after the date of the 
alleged failure. 
‘‘(v) The Secretary shall provide notice to an em-
ployer with respect to whom the Secretary has received 
information described in clause (i), prior to the commence-
ment of an investigation under such clause, of the receipt 
of the information and of the potential for an investiga-
tion. 
‘‘(vi) If the Secretary determines under this subpara-
graph that a reasonable basis exists to make a finding that 
a failure described in clause (i) has occurred, the Secretary 
shall provide for notice of such determination to the inter-
ested parties and an opportunity for a hearing, in accord-
ance with section 556 of title 5, United States Code, with-
in 60 days after the date of the determination. If such
a hearing is requested, the Secretary shall make a finding 
concerning the matter by not later than 60 days after the 
date of the hearing. 
‘‘(G) The Secretary of Homeland Security and the 
Secretary of Labor shall jointly submit to Congress an an-
nual report on the use of L–1 workers. Such report shall 
include the following: 
‘‘(i) Information on violations of conditions of 
entry of such workers by their employers, including 
information on complaints of such violations and 
their disposition, the imposition of civil penalties and 
disbarments, back pay awards, and other remedies 
obtained. 
‘‘(ii) Information on the list compiled under 
paragraph (1) on applications under this subsection. 
‘‘(H) Nothing in this subsection shall be construed 
as superseding or preempting any other enforcement-re-
lated authority under this Act (such as the authorities 
under section 274B), or any other Act. 
‘‘(3) For purposes of this subsection: 
‘‘(A) The term ‘area of employment’ means the 
area within normal commuting distance of the work-
site or physical location where the work of the L– 
1 nonimmigrant is or will be performed. If such 
worksite or location is within a Metropolitan Statis-
tical Area, any place within such area is deemed to 
be within the area of employment. 
‘‘(B) In the case of an application with respect 
to one or more L–1 nonimmigrants by an employer, 
the employer is considered to ‘displace’ a United 
States worker from a job if the employer lays off the 
worker from a job that is essentially the equivalent 
of the job for which the nonimmigrant or non-
immigrants is or are sought. A job shall not be con-
sidered to be essentially equivalent of another job 
unless it involves essentially the same responsibil-
ities, was held by a United States worker with sub-
stantially equivalent qualifications and experience, 
and is located in the same area of employment as 
the other job. 
‘‘(C) The term ‘L–1 nonimmigrant’ means an 
alien admitted or provided status as a principal non-
immigrant described in section 101(a)(15)(L)(i). 
‘‘(D)(i) The term ‘lays off’, with respect to a 
worker— 
‘‘(I) means to cause the worker’s loss of 
employment, other than through a discharge for 
inadequate performance, violation of workplace 
rules, cause, voluntary departure, voluntary re-
tirement, or the expiration of a grant or con-
tract (other than a temporary employment con-
tract entered into in order to evade a condition 
described in subparagraph (E) of paragraph 
(1)); 
‘‘(II) includes a significant change or dimi-
nution of duties of employment; but 
‘‘(III) does not include any situation in 
which the worker is offered, as an alternative to 
such loss of employment, a similar employment 
opportunity with no significant change or dimi-
nution of duties with the same employer at 
equivalent or higher compensation and benefits 
than the position from which the employee was 
discharged, regardless of whether or not the 
employee accepts the offer. 
‘‘(ii) Nothing in this subparagraph is intended 
to limit an employee’s rights under a collective bar-
gaining agreement or other employment contract. 
‘‘(E) The term ‘United States worker’ means 
an employee who— 
‘‘(i) is a citizen or national of the United 
States; or 
‘‘(ii) is an alien who is lawfully admitted 
for permanent residence, is admitted as a ref-
ugee under section 207, is granted asylum
under section 208, or is an immigrant otherwise 
authorized, by this Act or by the Secretary of 
Homeland Security, to be employed. 
‘‘(4)(A) This paragraph shall apply instead of sub-
paragraphs (A) through (E) of paragraph (2) in the case 
of a violation described in subparagraph (B), but shall not 
be construed to limit or affect the authority of the Sec-
retary or the Secretary of Homeland Security with respect 
to any other violation. 
‘‘(B) The Secretary of Homeland Security shall es-
tablish a process for the receipt, initial review, and disposi-
tion in accordance with this paragraph of complaints re-
specting an employer’s failure to meet the condition of 
paragraph (1)(F)(i)(II) or a petitioner’s misrepresentation 
of material facts with respect to such condition. Com-
plaints may be filed by an aggrieved individual who has 
submitted a re´sume´ or otherwise applied in a reasonable 
manner for the job that is the subject of the condition. 
No proceeding shall be conducted under this paragraph 
on a complaint concerning such a failure or misrepresenta-
tion unless the Secretary of Homeland Security deter-
mines that the complaint was filed not later than 12 
months after the date of the failure or misrepresentation, 
respectively.’’.
(b) LIABILITY
FOR COSTS
OF RETURN.—Section 
214(c)(5)(A) of such Act (8 U.S.C. 1184(c)(5)(A)) is 
amended 
by 
inserting 
‘‘or 
101(a)(15)(L)’’ 
after 
‘‘101(a)(15)(H)(ii)(b)’’. 
(c) APPLICATION OF FEE.— 
(1) IMPOSITION OF FEE.—Section 214(c)(9) of 
such Act (8 U.S.C. 1184(c)(9)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(D) The previous provisions of this paragraph shall 
apply to a nonimmigrant status described in section 
101(a)(15)(L) in the same manner as it applies to a 
nonimigrant status described in section 101(a)(15)(H)(i), 
except that fees so collected shall be deposited in the 
Treasury in accordance with section 286(v).’’. 
(2) DEPOSIT AND USE OF FEES.—Section 286 
of such Act (8 U.S.C. 1356) is amended— 
(A) in subsection (s)(1), by inserting 
‘‘(other than under subparagraph (D) thereof)’’ 
after ‘‘214(c)(9)’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(v) L–1B Nonimmigrant Petitioner Account.— 
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘L–1 Nonimmigrant Pe-
titioner Account’. Notwithstanding any other section 
of this title, there shall be deposited as offsetting re-
ceipts into the account all fees collected under sec-
tion 214(c)(9)(D). 
‘‘(2) USE OF FEES FOR DATA PROCESSING.—30 
percent of amounts deposited into the L–1 Non-
immigrant Petitioner Account shall remain available 
to the Bureau of Citizenship and Immigration Serv-
ices in the Department of Homeland Security for 
processing and data collection. 
‘‘(3) USE
OF
FEES
FOR
LABOR
ENFORCE-
MENT.—40 percent of amounts deposited into the 
L–1 Nonimmigrant Petitioner Account shall remain 
available to the Secretary of Labor for enforcement 
activities. 
‘‘(4) USE OF FEES FOR TRAINING AND EDU-
CATION OF UNITED STATES WORKERS.—30 percent 
of amounts deposited into the L–1 Nonimmigrant 
Petitioner Account shall remain available to the Sec-
retary of Labor for training and education of United 
States workers.’’. 
(d) APPLICATION OF ANNUAL CAP.—Section 214 of 
such Act (8 U.S.C. 1184) is amended by adding at the 
end the following new subsection:
‘‘(q)(1) The total number of aliens who may be issued 
visas or otherwise provided nonimmigrant status during 
any fiscal year (beginning with fiscal year 2004) under 
section 101(a)(15)(L, may not exceed 35,000. 
‘‘(2) The numerical limitations of paragraph (1) shall 
only apply to principal aliens and not to the spouses or 
children of such aliens. 
‘‘(3) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(H)(i)(b), the period of authorized admis-
sion as such a nonimmigrant may not exceed 3 years. 
‘‘(4) The numerical limitations contained in para-
graph (1)(A) shall not apply to any nonimmigrant alien 
issued a visa or otherwise provided status under section 
101(a)(15)(L) who is employed (or has received an offer 
of employment) at— 
‘‘(A) an institution of higher education (as de-
fined in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a))), or a related or affili-
ated nonprofit entity; or 
‘‘(B) a nonprofit research organization or a 
governmental research organization.’’. 
(e) 
CORPORATE
RESTRUCTURING.—Section 
214(c)(10) of such Act (8 U.S.C. 1184(c)(10)) is amended 
by inserting ‘‘or L–1 petition’’ after ‘‘H–1B petition’’.
(f) 
STRIKING
OUT
BLANKET
VISAS.—Section 
214(c)(2) of such Act (8 U.S.C. 1184(c)(2)) is amended 
by amending subparagraph (A) to read as follows: 
‘‘(2)(A) The Secretary of Homeland Security shall 
not permit the use of blanket petitions to import aliens 
as nonimmigrants under section 101(a)(15)(L).’’. 
(g) QUALIFICATIONS.—Section 214(c)(2)(B) of such 
Act (8 U.S.C. 1184(c)(2)(B)) is amended by striking the 
period at the end and inserting the following: ‘‘and has 
attained a bachelor’s or higher degress in the area of spe-
cial knowledge. For purposes of this subparagraph, the 
term ‘bachelor’s degree (or higher degree)’ includes a for-
eign degree that is a recognized foreign equivalent of a 
bachelor’s degree (or higher degree). In the case of an 
alien obtaining a foreign degree, any determination with 
respect to the equivalence of that degree to a degree ob-
tained in the United States shall be made by the Secretary 
of State. In carrying out the preceding sentence, the Sec-
retary of State shall verify the authenticity of any foreign 
educational credential proffered by an alien.’’. 
(h) PRIOR EMPLOYMENT REQUIREMENT.—Section 
101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)) is 
amended— 
(1) by striking ‘‘within 3 years’’ and inserting 
‘‘during 2 of the past 3 years’’; and
(2) by striking ‘‘has been employed continu-
ously for one year by a firm or corporation’’ and in-
serting ‘‘has been employed continuously on a full- 
time basis for 2 years by the firm or corporation’’. 
(i) EFFECTIVE DATE.—Except as otherwise pro-
vided, the amendments made by this section shall apply 
to applications for nonimmigrant status filed on or after 
the first day of the first fiscal year beginning after the 
date of the enactment of this Act. 
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