[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1035 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1035

To amend the Immigration and Nationality Act to reduce fraud and abuse 
 in certain visa programs for aliens working temporarily in the United 
                                States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2007

  Mr. Durbin (for himself and Mr. Grassley) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to reduce fraud and abuse 
 in certain visa programs for aliens working temporarily in the United 
                                States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``H-1B and L-1 Visa 
Fraud and Abuse Prevention Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. H-1B employer requirements.
Sec. 3. H-1B government authority and requirements.
Sec. 4. L-1 visa fraud and abuse protections.
Sec. 5. Whistleblower protections.
Sec. 6. Additional Department of Labor employees.

SEC. 2. H-1B EMPLOYER REQUIREMENTS.

    (a) Application of Nondisplacement and Good Faith Recruitment 
Requirements to All H-1B Employers.--
            (1) Amendments.--Section 212(n) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(n)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E);
                                    (I) in clause (i), by striking 
                                ``(E)(i) In the case of an application 
                                described in clause (ii), the'' and 
                                inserting ``(E) The''; and
                                    (II) by striking clause (ii);
                            (ii) in subparagraph (F), by striking ``In 
                        the case of'' and all that follows through 
                        ``where--'' and inserting the following: ``The 
                        employer will not place the nonimmigrant with 
                        another employer if--''; and
                            (iii) in subparagraph (G), by striking ``In 
                        the case of an application described in 
                        subparagraph (E)(ii), subject'' and inserting 
                        ``Subject'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (E), by striking ``If 
                        an H-1B-dependent employer'' and inserting ``If 
                        an employer that employs H-1B nonimmigrants''; 
                        and
                            (ii) in subparagraph (F), by striking ``The 
                        preceding sentence shall apply to an employer 
                        regardless of whether or not the employer is an 
                        H-1B-dependent employer.''; and
                    (C) by striking paragraph (3).
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications filed on or after the date of the 
        enactment of this Act.
    (b) Nondisplacement Requirement.--
            (1) Extending time period for nondisplacement.--Section 
        212(n) of such Act, as amended by subsection (a), is further 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E), by striking ``90 
                        days'' each place it appears and inserting 
                        ``180 days'';
                            (ii) in subparagraph (F)(ii), by striking 
                        ``90 days'' each place it appears and inserting 
                        ``180 days''; and
                    (B) in paragraph (2)(C)(iii), by striking ``90 
                days'' each place it appears and inserting ``180 
                days''.
            (2) Effective date.--The amendments made by paragraph (1)--
                    (A) shall apply to applications filed on or after 
                the date of the enactment of this Act; and
                    (B) shall not apply to displacements for periods 
                occurring more than 90 days before such date.
    (c) 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, as amended by this section, is further 
        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).
    (d) 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 section, is further amended--
            (1) by inserting after subparagraph (G) the following:
            ``(H)(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:
            ``(K) The employer''.
    (e) Prohibition of Outplacement.--
            (1) In general.--Section 212(n) of such Act, as amended by 
        this section, is further amended--
                    (A) in paragraph (1), by amending subparagraph (F) 
                to read as follows:
            ``(F) The employer shall not place, outsource, lease, or 
        otherwise contract for the placement of an alien admitted or 
        provided status as an H-1B nonimmigrant with another 
        employer;'' and
                    (B) in paragraph (2), by striking subparagraph (E).
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to applications filed on or after the date of the 
        enactment of this Act.
    (f) 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 (H), as added by subsection (d)(1), the following:
            ``(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.''.
    (g) Wage Determination.--
            (1) Change in minimum wages.--Section 212(n)(1) of such 
        Act, as amended by this section, is further amended--
                    (A) by amending subparagraph (A) 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, based 
                on the best information available at the time the 
                application is filed, which are not less than the 
                highest of--
                            ``(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 2 
                        in the occupational classification found in the 
                        most recent Occupational Employment Statistics 
                        survey; and
                    ``(ii) will provide working conditions for such a 
                nonimmigrant that will not adversely affect the working 
                conditions of workers similarly employed.''; and
                    (B) in subparagraph (D), by inserting ``the wage 
                determination methodology used under subparagraph 
                (A)(i),'' after ``shall contain''.
            (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
        is amended by inserting after subparagraph (I), as added by 
        subsection (f), the following:
            ``(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 such nonimmigrants for such period.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to applications filed on or after the date of the 
        enactment of this Act.
    (h) 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. 3. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

    (a) Safeguards Against Fraud and Misrepresentation in Application 
Review Process.--Section 212(n)(1)(K) of the Immigration and 
Nationality Act, as redesignated by section 2(d)(2), is amended--
            (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. The Secretary shall conduct annual compliance 
audits 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.''.
    (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;
            ``(ii) the contact information for Federal agencies that 
        can offer more information or assistance in clarifying employer 
        obligations and workers' rights; and
            ``(iii) a copy of the employer's H-1B application for the 
        position that the H-1B nonimmigrant has been issued the visa to 
        fill.
    ``(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;
            ``(ii) the contact information for Federal agencies that 
        can offer more information or assistance in clarifying 
        employer's obligations and workers' rights; and
            ``(iii) a copy of the employer's H-1B application for the 
        position that the H-1B nonimmigrant has been issued the visa to 
        fill.''.

SEC. 4. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

    (a) In General.--Section 214(c)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (E), by striking ``In the case of an 
        alien spouse admitted under section 101(a)(15)(L), who'' and 
        inserting ``Except as provided in subparagraph (H), if an alien 
        spouse admitted under section 101(a)(15)(L)''; and
            (3) by adding at the end the following:
    ``(G)(i) If the beneficiary of a petition under this subsection is 
coming to the United States to open, or be employed in, a new facility, 
the petition may be approved for up to 12 months only if the employer 
operating the new facility has--
            ``(I) a business plan;
            ``(II) sufficient physical premises to carry out the 
        proposed business activities; and
            ``(III) the financial ability to commence doing business 
        immediately upon the approval of the petition.
    ``(ii) An extension of the approval period under clause (i) may not 
be granted until the importing employer submits an application to the 
Secretary of Homeland Security that contains--
            ``(I) evidence that the importing employer meets the 
        requirements of this subsection;
            ``(II) evidence that the beneficiary meets the requirements 
        under section 101(a)(15)(L);
            ``(III) a statement summarizing the original petition;
            ``(IV) evidence that the importing employer has fully 
        complied with the business plan submitted under clause (i)(I);
            ``(V) evidence of the truthfulness of any representations 
        made in connection with the filing of the original petition;
            ``(VI) evidence that the importing employer, during the 
        preceding 12 months, has been doing business at the new 
        facility through regular, systematic, and continuous provision 
        of goods or services, or has otherwise been taking commercially 
        reasonable steps to establish the new facility as a commercial 
        enterprise;
            ``(VII) a statement of the duties the beneficiary has 
        performed at the new facility during the preceding 12 months 
        and the duties the beneficiary will perform at the new facility 
        during the extension period approved under this clause;
            ``(VIII) a statement describing the staffing at the new 
        facility, including the number of employees and the types of 
        positions held by such employees;
            ``(IX) evidence of wages paid to employees;
            ``(X) evidence of the financial status of the new facility; 
        and
            ``(XI) any other evidence or data prescribed by the 
        Secretary.
    ``(iii) Notwithstanding subclauses (I) through (VI) of clause (ii), 
and subject to the maximum period of authorized admission set forth in 
subparagraph (D), the Secretary of Homeland Security may approve a 
petition subsequently filed on behalf of the beneficiary to continue 
employment at the facility described in this subsection for a period 
beyond the initially granted 12-month period if the importing employer 
demonstrates that the failure to satisfy any of the requirements 
described in those subclauses was directly caused by extraordinary 
circumstances beyond the control of the importing employer.
    ``(iv) For purposes of determining the eligibility of an alien for 
classification under section 101(a)(15)(L), the Secretary of Homeland 
Security shall work cooperatively with the Secretary of State to verify 
a company or facility's existence in the United States and abroad.''.
    (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) of such 
Act is amended to read as follows:
    ``(2)(A) The Secretary of Homeland Security may not permit the use 
of blanket petitions to import aliens as nonimmigrants under section 
101(a)(15)(L).''.
    (c) Prohibition on Outplacement.--Section 214(c)(2) of such Act, as 
amended by this section, is further amended by adding at the end the 
following:
    ``(H) An employer who imports 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L) shall not place, outsource, lease, 
or otherwise contract for the placement of an alien admitted or 
provided status as an L-1 nonimmigrant with another employer.''.
    (d) Investigations and Audits by Department of Homeland Security.--
            (1) Department of homeland security investigations.--
        Section 214(c)(2) of such Act, as amended by this section, is 
        further amended by adding at the end the following:
    ``(I)(i) The Secretary of Homeland Security may initiate an 
investigation of any employer that employs nonimmigrants described in 
section 101(a)(15)(L) with regard to the employer's compliance with the 
requirements of this subsection.
    ``(ii) If the Secretary of Homeland Security receives specific 
credible information from a source who is likely to have knowledge of 
an employer's practices, employment conditions, or compliance with the 
requirements under this subsection, the Secretary may conduct an 
investigation into the employer's compliance with the requirements of 
this subsection. The Secretary may withhold the identity of the source 
from the employer, and the source's identity shall not be subject to 
disclosure under section 552 of title 5.
    ``(iii) The Secretary of Homeland Security shall establish a 
procedure for any person desiring to provide to the Secretary of 
Homeland Security information described in clause (ii) that may be 
used, in whole or in part, as the basis for the commencement of an 
investigation described in such clause, to provide the information in 
writing on a form developed and provided by the Secretary of Homeland 
Security and completed by or on behalf of the person.
    ``(iv) No investigation described in clause (ii) (or hearing 
described in clause (vi) based on such investigation) may be conducted 
with respect to information about a failure to comply with the 
requirements under this subsection, unless the Secretary of Homeland 
Security receives the information not later than 24 months after the 
date of the alleged failure.
    ``(v) Before commencing an investigation of an employer under 
clause (i) or (ii), the Secretary of Homeland Security shall provide 
notice to the employer of the intent to conduct such 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 to do so would 
interfere with an effort by the Secretary to investigate or secure 
compliance by the employer with the requirements of this subsection. 
There shall be no judicial review of a determination by the Secretary 
under this clause.
    ``(vi) If the Secretary of Homeland Security, 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. If such a hearing is requested, the Secretary shall make 
a finding concerning the matter by not later than 120 days after the 
date of the hearing.
    ``(vii) If the Secretary of Homeland Security, 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 section 214(c)(2)(J).''.
            (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
        paragraph (1), is amended by adding at the end the following:
    ``(viii) The Secretary of Homeland Security may conduct surveys of 
the degree to which employers comply with the requirements under this 
section 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 nonimmigrants described in section 101(a)(15)(L) during the 
applicable calendar year. The Secretary shall conduct annual compliance 
audits of each employer with more than 100 employees who work in the 
United States if more than 15 percent of such employees are 
nonimmigrants described in section 101(a)(15)(L).''.
            (3) Reporting requirement.--Section 214(c)(8) of such Act 
        is amended by inserting ``(L),'' after ``(H),''.
    (e) Penalties.--Section 214(c)(2) of such Act, as amended by this 
section, is further amended by adding at the end the following:
                    ``(J)(i) If the Secretary of Homeland Security 
                finds, after notice and an opportunity for a hearing, a 
                failure by an employer to meet a condition under 
                subparagraph (F), (G), (H), (I), or (K) or a 
                misrepresentation of material fact in a petition to 
                employ 1 or more aliens as nonimmigrants described in 
                section 101(a)(15)(L)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $2,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the Secretary of Homeland Security 
                        may not, during a period of at least 1 year, 
                        approve a petition for that employer to employ 
                        1 or more aliens as such nonimmigrants.
                    ``(ii) If the Secretary of Homeland Security finds, 
                after notice and an opportunity for a hearing, a 
                willful failure by an employer to meet a condition 
                under subparagraph (F), (G), (H), (I), or (K) or a 
                misrepresentation of material fact in a petition to 
                employ 1 or more aliens as nonimmigrants described in 
                section 101(a)(15)(L)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $10,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the Secretary of Homeland Security 
                        may not, during a period of at least 2 years, 
                        approve a petition filed for that employer to 
                        employ 1 or more aliens as such nonimmigrants.
                    ``(iii) If the Secretary of Homeland Security 
                finds, after notice and an opportunity for a hearing, a 
                willful failure by an employer to meet a condition 
                under subparagraph (L)(i)--
                            ``(I) the Secretary of Homeland Security 
                        may impose such other administrative remedies 
                        (including civil monetary penalties in an 
                        amount not to exceed $10,000 per violation) as 
                        the Secretary determines to be appropriate; and
                            ``(II) the employer shall be liable to 
                        employees harmed for lost wages and 
                        benefits.''.
    (f) Wage Determination.--
            (1) Change in minimum wages.--Section 214(c)(2) of such 
        Act, as amended by this section, is further amended by adding 
        at the end the following:
                    ``(K)(i) An employer that employs a nonimmigrant 
                described in section 101(a)(15)(L) shall--
                            ``(I) offer such nonimmigrant, during the 
                        period of authorized employment, wages, based 
                        on the best information available at the time 
                        the application is filed, which are not less 
                        than the highest of--
                                    ``(aa) the locally determined 
                                prevailing wage level for the 
                                occupational classification in the area 
                                of employment;
                                    ``(bb) the median average wage for 
                                all workers in the occupational 
                                classification in the area of 
                                employment; or
                                    ``(cc) the median wage for skill 
                                level 2 in the occupational 
                                classification found in the most recent 
                                Occupational Employment Statistics 
                                survey; and
                            ``(II) provide working conditions for such 
                        nonimmigrant that will not adversely affect the 
                        working conditions of workers similarly 
                        employed.
                    ``(ii) If an employer, in such previous period 
                specified by the Secretary of Homeland Security, 
                employed 1 or more L-1 nonimmigrants, the employer 
                shall provide to the Secretary of Homeland Security the 
                Internal Revenue Service Form W-2 Wage and Tax 
                Statement filed by the employer with respect to such 
                nonimmigrants for such period.
                    ``(iii) It is a failure to meet a condition under 
                this subparagraph for an employer, who has filed a 
                petition to import 1 or more aliens as nonimmigrants 
                described in section 101(a)(15)(L), to--
                            ``(I) require such a nonimmigrant to pay a 
                        penalty for ceasing employment with the 
                        employer before a date mutually agreed to by 
                        the nonimmigrant and the employer; or
                            ``(II) fail to offer to such a 
                        nonimmigrant, during the nonimmigrant's period 
                        of authorized employment, on the same basis, 
                        and in accordance with the same criteria, as 
                        the employer offers to United States workers, 
                        benefits and eligibility for benefits, 
                        including--
                                    ``(aa) the opportunity to 
                                participate in health, life, 
                                disability, and other insurance plans;
                                    ``(bb) the opportunity to 
                                participate in retirement and savings 
                                plans; and
                                    ``(cc) cash bonuses and noncash 
                                compensation, such as stock options 
                                (whether or not based on performance).
                    ``(iv) The Secretary of Homeland Security shall 
                determine whether a required payment under clause 
                (iii)(I) is a penalty (and not liquidated damages) 
                pursuant to relevant State law.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to applications filed on or after the date of the 
        enactment of this Act.

SEC. 5. WHISTLEBLOWER PROTECTIONS.

    (a) H-1B 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.''.
    (b) L-1 Whistleblower Protections.--Section 214(c)(2) of such Act, 
as amended by section 4, is further amended by adding at the end the 
following:
    ``(L)(i) It is a violation of this subparagraph for an employer who 
has filed a petition to import 1 or more aliens as nonimmigrants 
described in section 101(a)(15)(L) to take, fail to take, or threaten 
to take or fail to take, a personnel action, or to intimidate, 
threaten, restrain, coerce, blacklist, discharge, or discriminate in 
any other manner against an employee because the employee--
            ``(I) has disclosed information that the employee 
        reasonably believes evidences a violation of this subsection, 
        or any rule or regulation pertaining to this subsection; or
            ``(II) cooperates or seeks to cooperate with the 
        requirements of this subsection, or any rule or regulation 
        pertaining to this subsection.
    ``(ii) An employer that violates this subparagraph shall be liable 
to the employees harmed by such violation for lost wages and benefits.
    ``(iii) In this subparagraph, the term `employee' includes--
            ``(I) a current employee;
            ``(II) a former employee; and
            ``(III) an applicant for employment.''.

SEC. 6. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

    (a) In General.--The Secretary of Labor is authorized to hire 200 
additional employees to administer, oversee, investigate, and enforce 
programs involving H-1B nonimmigrant workers.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
                                 <all>