[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2538

    To amend the Immigration and Nationality Act to provide greater 
protections to domestic and foreign workers under the H-1B nonimmigrant 
                            worker program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2007

  Mr. Pascrell (for himself, Mr. LaTourette, Mr. Rohrabacher, and Ms. 
   DeLauro) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide greater 
protections to domestic and foreign workers under the H-1B nonimmigrant 
                            worker program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defend the American Dream Act of 
2007''.

SEC. 2. WAGE DETERMINATION.

    (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to 
read as follows:
            ``(A) The employer--
                    ``(i) is offering and will offer during the period 
                of authorized employment to aliens admitted or provided 
                status as an H-1B nonimmigrant wages that are at 
                least--
                            ``(I) the locally determined prevailing 
                        wage level for the occupational classification 
                        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 Occupational Employment Statistics 
                        survey;
                whichever is greatest, based on the best information 
                available as of the time of filing of the application; 
                and
                    ``(ii) will provide working conditions for such 
                nonimmigrant that will not adversely affect the working 
                conditions of workers similarly employed.
        The wage determination methodology used under clause (i) shall 
        be submitted with the application.''.
    (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 
U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the 
following new subparagraph:
            ``(H) If the employer employed, in such previous period as 
        the Secretary shall specify, one or more H-1B nonimmigrants, 
        the application shall be accompanied by the Internal Revenue 
        Service Form W-2 Wage and Tax Statement filed by the employer 
        with respect to such nonimmigrants for such period.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act.

SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT.

    (a) Extending Time Period for No Displacement.--Section 212(n) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended--
            (1) in paragraph (1)(E)(i), by striking ``90 days'' and 
        inserting ``180 days'' each place it appears; and
            (2) in paragraph (2)(C)(iii), in the matter before 
        subclause (I), by striking ``90 days'' and inserting ``180 
        days'' each place it appears.
    (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of 
such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting 
``actively'' before ``recruit''.
    (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 
U.S.C. 1182(n)) is amended--
            (1) by amending subparagraph (F) of paragraph (1) to read 
        as follows:
            ``(F) The employer shall not place, out-source, lease, or 
        otherwise contract for the placement of an alien admitted or 
        provided status as an H-1B nonimmigrant with another employer, 
        regardless of whether or not such other employer is an H-1B-
        dependent employer.''; and
            (2) by striking subparagraph (E) of paragraph (2).
    (d) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall not 
apply to displacements for periods occurring more than 90 days before 
such date.

SEC. 4. H-1B EMPLOYER REQUIREMENTS.

    (a) Public Listing of Available Positions.--
            (1) Listing of available positions.--Section 212(n)(1)(C) 
        of such Act is amended--
                    (A) in clause (i), by striking ``(i) has provided'' 
                and inserting the following:
                    ``(ii)(I) has provided'';
                    (B) by redesignating clause (ii) as subclause (II); 
                and
                    (C) by inserting before clause (ii), as 
                redesignated, the following:
                    ``(i) has advertised the job availability on the 
                list described in paragraph (6), for at least 30 
                calendar days; and''.
            (2) List maintained by the department of labor.--Section 
        212(n) of such Act, is amended by adding at the end the 
        following:
    ``(6)(A) Not later than 90 days after the date of the enactment of 
this paragraph, the Secretary of Labor shall establish a list of 
available jobs, which shall be publicly accessible without charge--
            ``(i) on a website maintained by the Department of Labor, 
        which website shall be searchable by--
                    ``(I) the name, city, State, and zip code of the 
                employer;
                    ``(II) the date on which the job is expected to 
                begin;
                    ``(III) the title and description of the job; and
                    ``(IV) the State and city (or county) at which the 
                work will be performed; and
            ``(ii) at each 1-stop center created under the Workforce 
        Investment Act of 1998 (Public Law 105-220).
    ``(B) Each available job advertised on the list shall include--
            ``(i) the employer's full legal name;
            ``(ii) the address of the employer's principal place of 
        business;
            ``(iii) the employer's city, State and zip code;
            ``(iv) the employer's Federal Employer Identification 
        Number;
            ``(v) the phone number, including area code and extension, 
        as appropriate, of the hiring official or other designated 
        official of the employer;
            ``(vi) the e-mail address, if available, of the hiring 
        official or other designated official of the employer;
            ``(vii) the wage rate to be paid for the position and, if 
        the wage rate in the offer is expressed as a range, the bottom 
        of the wage range;
            ``(viii) whether the rate of pay is expressed on an annual, 
        monthly, biweekly, weekly, or hourly basis;
            ``(ix) a statement of the expected hours per week that the 
        job will require;
            ``(x) the date on which the job is expected to begin;
            ``(xi) the date on which the job is expected to end, if 
        applicable;
            ``(xii) the number of persons expected to be employed for 
        the job;
            ``(xiii) the job title;
            ``(xiv) the job description;
            ``(xv) the city and State of the physical location at which 
        the work will be performed; and
            ``(xvi) a description of a process by which a United States 
        worker may submit an application to be considered for the job.
    ``(C) The Secretary of Labor may charge a nominal filing fee to 
employers who advertise available jobs on the list established under 
this paragraph to cover expenses for establishing and administering the 
requirements under this paragraph.
    ``(D) The Secretary may promulgate rules, after notice and a period 
for comment--
            ``(i) to carry out the requirements of this paragraph; and
            ``(ii) that require employers to provide other information 
        in order to advertise available jobs on the list.''.
            (3) Effective date.--Paragraph (1) shall take effect for 
        applications filed at least 30 days after the creation of the 
        list described in paragraph (2).
    (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or Offered 
Only to H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as amended 
by this Act, is further amended--
            (1) by inserting after subparagraph (H) the following:
            ``(I)(i) 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.
            ``(ii) The employer has not only recruited persons who are, 
        or who may become, H-1B nonimmigrants to fill the job or 
        jobs.''; and
            (2) in the undesignated paragraph at the end, by striking 
        ``The employer'' and inserting the following:
            ``(J) The employer''.
    (c) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of 
such Act, as amended by this section, is further amended by inserting 
after subparagraph (J) the following:
            ``(K) 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.''.
    (d) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154) 
is amended by adding at the end the following:
    ``(l) Employer To Share All Immigration Paperwork Exchanged With 
Federal Agencies.--Not later than 10 working days after receiving a 
written request from a former, current, or future employee or 
beneficiary, an employer shall provide the employee or beneficiary 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 that is related to an immigrant or 
nonimmigrant petition filed by the employer for the employee or 
beneficiary.''.

SEC. 5. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN 
              ALIENS.

    (a) In General.--Section 214(g)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
            (1) in subparagraph (A), by adding ``or'' after the 
        semicolon;
            (2) in subparagraph (B), by striking ``; or'' and inserting 
        a period; and
            (3) by striking subparagraph (C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to the issuance of a visa (or other provision of status) under 
section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first 
fiscal year beginning after the date of the enactment of this Act.

SEC. 6. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B 
              SPECIALITY OCCUPATION NONIMMIGRANTS.

    (a) In General.--Section 214(i)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(i)(2)) is amended--
            (1) in subparagraph (A), by adding ``or'' at the end;
            (2) in subparagraph (B), by inserting ``, from a bona fide 
        educational institution in the United States or from an 
        educational institution that is at least equivalent to such an 
        institution in the United States,'' after ``paragraph (1)(B)'';
            (3) in subparagraph (B), by striking ``, or'' and inserting 
        a period; and
            (4) by striking subparagraph (C).
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications filed on or after the date of the enactment of 
this Act.

SEC. 7. LABOR ENFORCEMENT.

    (a) Centralization of Administrative and Enforcement Functions.--
Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)(2)) is amended by adding at the end the following new 
subparagraph:
    ``(J) The Secretary shall be responsible under this paragraph for 
investigations of wage complaints, as well as investigations of 
allegations of fraud in the filing of applications under this 
subsection.''.
    (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 
1182(n)(2)(A)) is amended by adding at the end the following: ``In 
addition, the Secretary may conduct 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 employers that 
employ H-1B nonimmigrants. In the case of an employer that employs H-1B 
nonimmigrants that represent 15 percent or more of the total number of 
individuals employed by the employer, the Secretary shall conduct 
annual compliance audits of such employer.''.
    (c) Penalties.--Section 212(n)(2)(C) of such Act is 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''.

SEC. 8. 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 wages and benefits.''.

SEC. 9. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B 
              EMPLOYERS.

    (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking 
``an H-1B dependent employer (as defined in paragraph (3))'' and 
inserting ``an employer that employs H-1B nonimmigrants''.
    (b) Effective Date.--The amendments made by this section shall 
apply to applications filed on or after the date of the enactment of 
this Act.
                                 <all>