Instructions: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Innovation Employment Act''.

SEC. 2. NUMERICAL LIMITATIONS.

Section 214(g)(1)(A)(vii) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(A)(vii)) is amended to read as follows:
''(vii) 130,000 in fiscal year 2008 and each
succeeding fiscal year, except that in fiscal years
2010 through 2015, if such limitation is reached in the
previous fiscal year, such limitation shall equal the
greater of 180,000 and the limitation applicable for
the previous fiscal year increased by 20 percent; or''.

SEC. 3. EXEMPTION FROM NUMERICAL LIMITATION FOR CERTAIN NONIMMIGRANTS.

Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(5)) is amended--
(1) in subparagraph (B), by striking ''or'';
(2) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
''(D) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
in a field of science, technology, engineering, or mathematics
and with respect to whom the petitioning employer requires such
education as a condition for the employment; or
''(E) has earned a master's or higher degree (or its
equivalent) from an institution of higher education outside of
the United States in a field of science, technology,
engineering, or mathematics and with respect to whom the
petitioning employer requires such education as a condition for
the employment, until the number of aliens who are exempted
from such numerical limitations under this subparagraph during
a fiscal year exceeds 20,000.''.

SEC. 4. H-1B EMPLOYER REQUIREMENTS.

Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)) is amended by inserting after subparagraph (G) the
following:
''(H) The employer has not advertised the available jobs
specified in the application in an advertisement that states or
indicates that--
''(i) the job or jobs are only available to persons
who are or who may become H-1B nonimmigrants; or
''(ii) persons who are or who may become H-1B
nonimmigrants shall receive priority or a preference in
the hiring process.
''(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.

SEC. 5. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in Application
Review Process.--Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)) is amended, in the matter following
subparagraph (I) (as inserted by section 3 of this Act)--
(1) by inserting ''and through the Department of Labor's
website, without charge.'' after ''D.C.'';
(2) by inserting '', clear indicators of fraud,
misrepresentation of material fact,'' after ''completeness'';
(3) by striking or ''obviously inaccurate'' and inserting
''presents clear indicators of fraud or misrepresentation of
material fact, or is obviously inaccurate'';
(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 under
paragraph (2).''.
(b) Investigations by Department of Labor.--Section 212(n)(2) of
such Act is amended--
(1) in subparagraph (A)--
(A) by striking ''12 months'' and inserting ''24
months''; and
(B) by striking ''The Secretary shall conduct'' and
all that follows and inserting ''Upon the receipt of
such a complaint, the Secretary may initiate an
investigation to determine if such a failure or
misrepresentation has occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ''a condition of paragraph (1)(B),
(1)(E), or (1)(F)'' and inserting ''a condition under
subparagraph (B), (C)(i), (E), (F), (H), (I), or (J) of
paragraph (1)''; and
(B) by striking ''(1)(C)'' and inserting
''(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) 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.'';
(B) in clause (ii), by striking ''and whose
identity'' and all that follows through ''failure or
failures.'' and inserting ''the Secretary of Labor may
conduct an investigation into the employer's compliance
with the requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and
(viii) as clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking
''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'';
(G) by amending clause (v), as redesignated, to
read as follows:
''(v) The Secretary of Labor shall provide
notice to an employer of the intent to conduct
an investigation. 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 such compliance would interfere
with an effort by the Secretary to investigate
or secure compliance by the employer with the
requirements of this subsection. A
determination by the Secretary under this
clause shall not be subject to judicial
review.'';
(H) in clause (vi), as redesignated, by striking
''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 comply 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
(I) by adding at the end the following:
''(vii) If the Secretary of Labor, after a
hearing, finds a reasonable basis to believe
that the employer has violated the requirements
under this subsection, the Secretary may impose
a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and Department
of Homeland Security.--Section 212(n)(2) of such Act, as amended by
this section, is further amended by inserting after subparagraph (G)
the following:
''(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 H-1B employers as part of the adjudication
process that indicates that the employer is not
complying with H-1B visa program requirements. The
Secretary may initiate and conduct an investigation and
hearing under this paragraph after receiving
information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this
section, is further amended by adding at the end the following: ''The
Secretary may conduct surveys of the degree to which employers comply
with the requirements under this subsection and may conduct annual
compliance audits of employers that employ H-1B nonimmigrants. The
Secretary shall conduct annual compliance audits of not less than 1
percent of the employers that employ H-1B nonimmigrants during the
applicable calendar year.''
(e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by
this section, is further amended--
(1) in clause (i)(I), by striking ''$1,000'' and inserting
''$2,000'';
(2) in clause (ii)(I), by striking ''$5,000'' and inserting
''$10,000''; and
(3) in clause (vi)(III), by striking ''$1,000'' and
inserting ''$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this section, is
further amended by inserting after paragraph (2) the following:
''(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
''(i) a brochure outlining the employer's
obligations and the employee's rights under Federal
law, including labor and wage protections; and
''(ii) the contact information for Federal agencies
that can offer more information or assistance in
clarifying employer obligations and workers' rights.
''(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
''(i) a brochure outlining the employer's
obligations and the employee's rights under Federal
law, including labor and wage protections; and
''(ii) the contact information for Federal agencies
that can offer more information or assistance in
clarifying employer's obligations and workers'
rights.''.

SEC. 6. WHISTLEBLOWER PROTECTIONS.

Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ''take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ''to
intimidate''; and
(2) by adding at the end the following: ''An employer that
violates this clause shall be liable to the employees harmed by
such violation for lost compensation, including back pay.''.
Output:
Innovation Employment Act - Amends the Immigration and Nationality Act to increase the annual H-1B nonimmigrant visa (specialty occupation) cap from 65,000 to 130,000 starting in FY2008.

Provides that for FY2010-FY2015 if the cap has been reached in the prior year the current cap would increase to the greater of 180,000 and the limitation applicable for the previous year increased by 20% percent.

Exempts from H-1B caps an alien who has earned a master's or higher degree from a U.S. institution of higher education in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.

Establishes a 20,000 annual cap for aliens who earned a master's or higher degree from an institution of higher education outside of the United States in science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for employment.

Revises H-1B provisions to: (1) require an employer to provide specified job information in the employment advertisement; (2) authorize the Secretary of Labor to initiate an H-1B employer investigation; (3) increase employer penalties; and (4) provide whistleblower protections.