[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2154 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2154

  To amend the Immigration and Nationality Act to prevent an employer 
  from placing a nonimmigrant who is an intracompany transferee with 
                           another employer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2003

   Mr. Mica introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act to prevent an employer 
  from placing a nonimmigrant who is an intracompany transferee with 
                           another employer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON PLACEMENT OF INTRACOMPANY TRANSFEREES.

    Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(2)) is amended by adding at the end the following:
    ``(F)(i) No alien may be admitted or provided status as a 
nonimmigrant described in section 101(a)(15)(L) unless the importing 
employer has filed with the Secretary of Labor an application stating 
that the employer will not place the nonimmigrant with another employer 
where--
            ``(I) the nonimmigrant performs duties in whole or in part 
        at one or more worksites owned, operated, or controlled by such 
        other employer; and
            ``(II) there are indicia of an employment relationship 
        between the nonimmigrant and such other employer.
    ``(ii) The employer shall make available for public examination, 
within one working day after the date on which an application under 
this subparagraph is filed, at the employer's principal 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 
classification) of the applications filed under this subparagraph. The 
Secretary shall make such list available for public examination in 
Washington, DC. The Secretary of Labor shall review such an application 
only for completeness and obvious inaccuracies. Unless the Secretary of 
Labor finds that an application is incomplete or obviously inaccurate, 
the Secretary of Labor shall certify to the Secretary of Homeland 
Security, within 7 days of the date of the filing of the application, 
that the requirements of this clause have been satisfied. The 
application form shall include a clear statement explaining the 
liability under this subparagraph of an employer who places a 
nonimmigrant with another employer in violation of clause (i).
    ``(iii) The provisions of section 212(n)(2) shall apply to a 
failure to meet a condition of clause (i) in the same manner as such 
provisions apply to a failure to meet a condition of section 
212(n)(1)(F).''.
                                 <all>