‘‘(III) the median wage for skill level 
2 in the occupational classification found 
in the most recent Occupational Employ-
ment Statistics survey; and 
‘‘(ii) will provide working conditions for 
such H–1B nonimmigrant that will not ad-
versely affect the working conditions of other 
workers similarly employed.’’. 
(b) INTERNET POSTING REQUIREMENT.—Subpara-
graph (C) of such section 212(n)(1) is amended— 
(1) by redesignating clause (ii) as subclause 
(II); 
(2) by striking ‘‘(i) has provided’’ and inserting 
the following: 
‘‘(ii)(I) has provided’’; and 
(3) by inserting before clause (ii), as redesig-
nated by paragraph (2) of this subsection, the fol-
lowing: 
‘‘(i) has posted on the Internet Web site 
described in paragraph (3), for at least 30 cal-
endar days, a detailed description of each posi-
tion for which a nonimmigrant is sought that 
includes a description of— 
‘‘(I) the wages and other terms and 
conditions of employment; 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(II) the minimum education, train-
ing, experience, and other requirements for 
the position; and 
‘‘(III) the process for applying for the 
position; and’’. 
(c) WAGE DETERMINATION INFORMATION.—Sub-
paragraph (D) of such section 212(n)(1) is amended by 
inserting ‘‘the wage determination methodology used 
under subparagraph (A)(i),’’ after ‘‘shall contain’’. 
(d) APPLICATION OF REQUIREMENTS TO ALL EM-
PLOYERS.— 
(1) NONDISPLACEMENT.—Subparagraph (E) of 
such section 212(n)(1) is amended— 
(A) in clause (i)— 
(i) by striking ‘‘90 days’’ both places 
it appears and inserting ‘‘180 days’’; and 
(ii) by striking ‘‘(i) In the case of an 
application described in clause (ii), the’’ 
and inserting ‘‘The’’; and 
(B) by striking clause (ii). 
(2) RECRUITMENT.—Subparagraph (G)(i) of 
such section 212(n)(1) is amended by striking ‘‘In 
the case of an application described in subparagraph 
(E)(ii), subject’’ and inserting ‘‘Subject’’. 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(e) REQUIREMENT FOR WAIVER.—Subparagraph (F) 
of such section 212(n)(1) is amended to read as follows: 
‘‘(F) The employer shall not place, outsource, 
lease, or otherwise contract for the services or place-
ment of H–1B nonimmigrants with another em-
ployer unless the employer of the alien has been 
granted a waiver under paragraph (2)(E).’’. 
SEC. 102. NEW APPLICATION REQUIREMENTS. 
Section 212(n)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1182(n)(1)) is amended by inserting after 
clause (ii) of subparagraph (G) the following: 
‘‘(H)(i) The employer has not advertised any 
available position specified in the application in an 
advertisement that states or indicates that— 
‘‘(I) such position is only available to an 
individual who is or will be an H–1B non-
immigrant; or 
‘‘(II) an individual who is or will be an H– 
1B nonimmigrant shall receive priority or a 
preference in the hiring process for such posi-
tion. 
‘‘(ii) The employer has not solely recruited indi-
viduals who are or who will be H–1B nonimmigrants 
to fill such position. 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(I) If the employer employs 50 or more em-
ployees in the United States, the sum of the number 
of such employees who are H–1B nonimmigrants 
plus the number of such employees who are non-
immigrants described in section 101(a)(15)(L) may 
not exceed 50 percent of the total number of em-
ployees. 
‘‘(J) If the employer, in such previous period as 
the Secretary shall specify, employed 1 or more H– 
1B nonimmigrants, the employer shall submit to the 
Secretary the Internal Revenue Service Form W–2 
Wage and Tax Statement filed by the employer with 
respect to the H–1B nonimmigrants for such pe-
riod.’’. 
SEC. 103. APPLICATION REVIEW REQUIREMENTS. 
(a) TECHNICAL AMENDMENT.—Section 212(n)(1) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(n)(1)), as amended by section 102, is further 
amended in the undesignated paragraph at the end, by 
striking ‘‘The employer’’ and inserting the following: 
‘‘(K) The employer.’’. 
(b) APPLICATION REVIEW REQUIREMENTS.—Sub-
paragraph (K) of such section 212(n)(1), as designated 
by subsection (a), is amended— 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(1) by inserting ‘‘and through the Department 
of Labor’s Web site, without charge.’’ after ‘‘D.C.’’; 
(2) by striking ‘‘only for completeness’’ and in-
serting ‘‘for completeness and clear indicators of 
fraud or misrepresentation of material fact,’’; 
(3) by striking ‘‘or obviously inaccurate’’ and 
inserting ‘‘, presents clear indicators of fraud or 
misrepresentation of material fact, or is obviously in-
accurate’’; 
(4) by striking ‘‘within 7 days of’’ and inserting 
‘‘not later than 14 days after’’; and 
(5) by adding at the end the following: ‘‘If the 
Secretary’s review of an application identifies clear 
indicators of fraud or misrepresentation of material 
fact, the Secretary may conduct an investigation and 
hearing in accordance with paragraph (2).’’. 
Subtitle B—Investigation and Dis-
position of Complaints Against 
H–1B Employers 
SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR 
INVESTIGATION AND DISPOSITION. 
Subparagraph (A) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(1) by striking ‘‘(A) Subject’’ and inserting 
‘‘(A)(i) Subject’’; 
(2) by striking ‘‘12 months’’ and inserting ‘‘24 
months’’; 
(3) by striking the last sentence; and 
(4) by adding at the end the following: 
‘‘(ii)(I) Upon the receipt of such a com-
plaint, the Secretary may initiate an investiga-
tion to determine if such a failure or misrepre-
sentation has occurred. 
‘‘(II) The Secretary may conduct surveys 
of the degree to which employers comply with 
the requirements of this subsection and may 
conduct annual compliance audits of employers 
that employ H–1B nonimmigrants. 
‘‘(III) The Secretary shall— 
‘‘(aa) conduct annual compliance au-
dits of not less than 1 percent of the em-
ployers that employ H–1B nonimmigrants 
during the applicable calendar year; 
‘‘(bb) conduct annual compliance au-
dits of each employer with more than 100 
employees who work in the United States 
if more than 15 percent of such employees 
are H–1B nonimmigrants; and 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. 112. INVESTIGATION, WORKING CONDITIONS, AND 
PENALTIES. 
Subparagraph (C) of section 212(n)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause 
(I)— 
(i) by striking ‘‘a condition of para-
graph (1)(B), (1)(E), or (1)(F)’’ and in-
serting ‘‘a condition under subparagraph 
(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)’’; and 
(B) in subclause (I)— 
(i) by striking ‘‘$1,000’’ and inserting 
‘‘$2,000’’; and 
(ii) by striking ‘‘and’’ at the end; 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(C) in subclause (II), by striking the pe-
riod at the end and inserting a semicolon 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.’’; and 
(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: 
‘‘(III) an employer that violates such subpara-
graph (A) shall be liable to the employees harmed by 
such violations for lost wages and benefits.’’; and 
(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)— 
VerDate Mar 15 2010 
02:09 May 27, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(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: 
‘‘(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: 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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; 
‘‘(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 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
(B) 
in 
subclause 
(III), 
by 
striking 
‘‘$1,000’’ and inserting ‘‘$2,000’’. 
SEC. 113. 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 
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. 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. 114. 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— 
(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 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
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 
manner, and shall contain sufficient detail, to permit 
the employer to respond to the allegations before an 
investigation is commenced. The Secretary is not re-
quired to comply with this clause if the Secretary de-
termines that such compliance would interfere with 
an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements of 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
this subsection. A determination by the Secretary 
under this clause shall not be subject to judicial re-
view.’’; 
(8) in clause (vi), as so redesignated, by strik-
ing ‘‘An investigation’’ and all that follows through 
‘‘the determination.’’ and inserting ‘‘If the Secretary 
of Labor, after an investigation under clause (i) or 
(ii), determines that a reasonable basis exists to 
make a finding that the employer has failed to com-
ply with the requirements under this subsection, the 
Secretary shall provide interested parties with notice 
of such determination and an opportunity for a 
hearing in accordance with section 556 of title 5, 
United States Code, not later than 120 days after 
the date of such determination.’’; and 
(9) by adding at the end the following: 
‘‘(vii) If the Secretary of Labor, after a hear-
ing, finds a reasonable basis to believe that the em-
ployer has violated the requirements under this sub-
section, the Secretary shall impose a penalty under 
subparagraph (C).’’. 
SEC. 115. 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: 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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. 116. 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.’’. 
Subtitle C—Other Protections 
SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE 
DEPARTMENT OF LABOR. 
(a) DEPARTMENT OF LABOR WEB SITE.—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 
2010, the Secretary of Labor shall establish a searchable 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
Internet Web site for posting positions as required by 
paragraph (1)(C). Such Web site shall be available to the 
public without charge. 
‘‘(B) The Secretary may work with private companies 
or nonprofit organizations to develop and operate the 
Internet Web site described in subparagraph (A). 
‘‘(C) The Secretary may promulgate rules, after no-
tice and a period for comment, to carry out the require-
ments 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 Web site required by para-
graph (3) of section 212(n) of such Act, as amended by 
subsection (a), will be operational. 
(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. 122. 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: 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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-
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. 
VerDate Mar 15 2010 
23:21 May 26, 2010
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5397.IH
H5397
srobinson on DSKHWCL6B1PROD with BILLS