534 
(A), (B), (C)(i), (E), (F), (G)(i)(I), (H), 
(I), or (J) of paragraph (1)’’; and 
(ii) by striking ‘‘(1)(C)’’ and inserting 
‘‘(1)(C)(ii)’’; 
(B) in subclause (I)— 
(i) by striking ‘‘$1,000’’ and inserting 
‘‘$2,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; and 
(D) by adding at the end the following: 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to the employees harmed by 
such violations for lost wages and benefits.’’; 
(2) in clause (ii)— 
(A) in subclause (I)— 
(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(ii) by striking ‘‘$5,000’’ and insert-
ing ‘‘$10,000’’; 
(B) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; and 
(C) by adding at the end the following: 
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535 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to the employees harmed by 
such violations for lost wages and benefits.’’; 
(3) in clause (iii)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘90 days’’ both places it appears 
and inserting ‘‘180 days’’; 
(B) in subclause (I)— 
(i) by striking ‘‘may’’ and inserting 
‘‘shall’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon and 
‘‘and’’; and 
(D) by adding at the end the following: 
‘‘(III) an employer that violates subparagraph 
(A) of such paragraph shall be liable to the employ-
ees harmed by such violations for lost wages and 
benefits.’’; 
(4) in clause (iv)— 
(A) by inserting ‘‘to take, fail to take, or 
threaten to take or fail to take, a personnel ac-
tion, or’’ before ‘‘to intimidate’’; 
(B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 
(C) by adding at the end the following: 
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536 
‘‘(II) An employer that violates this clause shall 
be liable to the employees harmed by such violation 
for lost wages and benefits.’’; and 
(5) in clause (vi)— 
(A) by amending subclause (I) to read as 
follows: 
‘‘(I) It is a violation of this clause for an em-
ployer who has filed an application under this sub-
section— 
‘‘(aa) to require an H–1B nonimmigrant to 
pay a penalty for ceasing employment with the 
employer prior to a date agreed to by the non-
immigrant and the employer (the Secretary 
shall determine whether a required payment is 
a penalty, and not liquidated damages, pursu-
ant to relevant State law); and 
‘‘(bb) to fail to offer to an H–1B non-
immigrant, during the nonimmigrant’s period of 
authorized employment, on the same basis, and 
in accordance with the same criteria, as the em-
ployer offers to United States workers, benefits 
and eligibility for benefits, including— 
‘‘(AA) the opportunity to participate 
in health, life, disability, and other insur-
ance plans; 
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537 
‘‘(BB) the opportunity to participate 
in retirement and savings plans; and 
‘‘(CC) cash bonuses and noncash com-
pensation, such as stock options (whether 
or not based on performance).’’; and 
(B) 
in 
subclause 
(III), 
by 
striking 
‘‘$1,000’’ and inserting ‘‘$2,000’’. 
SEC. 543. WAIVER REQUIREMENTS. 
(a) IN GENERAL.—Subparagraph (E) of section 
212(n)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(n)(2)) is amended to read as follows: 
‘‘(E)(i) The Secretary of Labor may waive the prohi-
bition in paragraph (1)(F) if the Secretary determines 
that the employer seeking the waiver has established 
that— 
‘‘(I) the employer with whom the H–1B non-
immigrant would be placed has not displaced, and 
does not intend to displace, a United States worker 
employed by the employer within the period begin-
ning 180 days before and ending 180 days after the 
date of the placement of the nonimmigrant with the 
employer; 
‘‘(II) the H–1B nonimmigrant will not be con-
trolled and supervised principally by the employer 
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538 
with whom the H–1B nonimmigrant would be 
placed; and 
‘‘(III) the placement of the H–1B non-
immigrant is not essentially an arrangement to pro-
vide labor for hire for the employer with whom the 
H–1B nonimmigrant will be placed. 
‘‘(ii) The Secretary shall grant or deny a waiver 
under this subparagraph not later than 7 days after the 
Secretary receives the application for such waiver.’’. 
(b) REQUIREMENT FOR RULES.— 
(1) RULES
FOR
WAIVERS.—The Secretary of 
Labor shall promulgate rules, after notice and a pe-
riod for comment, for an employer to apply for a 
waiver under subparagraph (E) of section 212(n)(2) 
of such Act, as amended by subsection (a). 
(2) REQUIREMENT
FOR
PUBLICATION.—The 
Secretary of Labor shall submit to Congress and 
publish in the Federal Register and other appro-
priate media a notice of the date that rules required 
by paragraph (1) are published. 
SEC. 544. INITIATION OF INVESTIGATIONS. 
Subparagraph (G) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
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539 
(1) in clause (i), by striking ‘‘if the Secretary’’ 
and all that follows and inserting ‘‘with regard to 
the employer’s compliance with the requirements of 
this subsection.’’; 
(2) in clause (ii), by striking ‘‘and whose iden-
tity’’ and all that follows through ‘‘failure or fail-
ures.’’ and inserting ‘‘the Secretary of Labor may 
conduct an investigation into the employer’s compli-
ance with the requirements of this subsection.’’; 
(3) in clause (iii), by striking the last sentence; 
(4) by striking clauses (iv) and (v); 
(5) by redesignating clauses (vi), (vii), and (viii) 
as clauses (iv), (v), and (vi), respectively; 
(6) in clause (iv), as so redesignated, by strik-
ing ‘‘meet a condition described in clause (ii), unless 
the Secretary of Labor receives the information not 
later than 12 months’’ and inserting ‘‘comply with 
the requirements under this subsection, unless the 
Secretary of Labor receives the information not later 
than 24 months’’; 
(7) by amending clause (v), as so redesignated, 
to read as follows: 
‘‘(v) The Secretary of Labor shall provide no-
tice to an employer of the intent to conduct an in-
vestigation. The notice shall be provided in such a 
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541 
ployer has violated the requirements under this sub-
section, the Secretary shall impose a penalty under 
subparagraph (C).’’. 
SEC. 545. INFORMATION SHARING. 
Subparagraph (H) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended to read as follows: 
‘‘(H) The Director of United States Citizenship and 
Immigration Services shall provide the Secretary of Labor 
with any information contained in the materials submitted 
by employers of H–1B nonimmigrants as part of the adju-
dication process that indicates that the employer is not 
complying with visa program requirements for H–1B non-
immigrants. The Secretary may initiate and conduct an 
investigation and hearing under this paragraph after re-
ceiving information of noncompliance under this subpara-
graph.’’. 
SEC. 546. CONFORMING AMENDMENT. 
Subparagraph (F) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182) is amended 
by striking ‘‘The preceding sentence shall apply to an em-
ployer regardless of whether or not the employer is an H– 
1B-dependent employer.’’. 
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542 
Subchapter C—Other H–1B Provisions 
SEC. 551. POSTING AVAILABLE H–1B POSITIONS THROUGH 
THE DEPARTMENT OF LABOR. 
(a) DEPARTMENT OF LABOR WEBSITE.—Paragraph 
(3) of section 212(n) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)) is amended to read as follows: 
‘‘(3)(A) Not later than 90 days after the date 
of the enactment of the H–1B and L–1 Visa Reform 
Act of 2009, the Secretary of Labor shall establish 
a searchable Internet website for posting positions 
as required by paragraph (1)(C). Such website shall 
be available to the public without charge. 
‘‘(B) The Secretary may work with private com-
panies or nonprofit organizations to develop and op-
erate the Internet website described in subparagraph 
(A). 
‘‘(C) The Secretary may promulgate rules, after 
notice and a period for comment, to carry out the 
requirements of this paragraph.’’. 
(b) REQUIREMENT
FOR PUBLICATION.—The Sec-
retary of Labor shall submit to Congress and publish in 
the Federal Register and other appropriate media a notice 
of the date that the Internet website required by para-
graph (3) of section 212(n) of such Act, as amended by 
subsection (a), will be operational. 
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543 
(c) APPLICATION.—The amendments made by sub-
section (a) shall apply to an application filed on or after 
the date that is 30 days after the date described in sub-
section (b). 
SEC. 552. H–1B GOVERNMENT AUTHORITY AND REQUIRE-
MENTS. 
(a) IMMIGRATION DOCUMENTS.—Section 204 of the 
Immigration and Nationality Act (8 U.S.C. 1154) is 
amended by adding at the end the following: 
‘‘(l) EMPLOYER TO PROVIDE IMMIGRATION PAPER-
WORK EXCHANGED WITH FEDERAL AGENCIES.—Not 
later than 21 business days after receiving a written re-
quest from a former, current, or future employee or bene-
ficiary, an employer shall provide such employee or bene-
ficiary with the original (or a certified copy of the original) 
of all petitions, notices, and other written communication 
exchanged between the employer and the Department of 
Labor, the Department of Homeland Security, or any 
other Federal agency or department that is related to an 
immigrant or nonimmigrant petition filed by the employer 
for such employee or beneficiary.’’. 
(b) REPORT ON JOB CLASSIFICATION AND WAGE 
DETERMINATIONS.—Not later than 1 year after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall prepare a report analyzing the ac-
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544 
curacy and effectiveness of the Secretary of Labor’s cur-
rent job classification and wage determination system. The 
report shall— 
(1) specifically address whether the systems in 
place accurately reflect the complexity of current job 
types as well as geographic wage differences; and 
(2) make recommendations concerning nec-
essary updates and modifications. 
SEC. 553. 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. 
CHAPTER 2—L–1 NONIMMIGRANTS 
SEC. 561. 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: 
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545 
‘‘(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 pe-
titioning employer or its affiliate, sub-
sidiary, or parent, including pursuant 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 de-
termines that the employer has established 
that— 
‘‘(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 begin-
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