1.Short title; table of contents
(a)This Act may be cited as the
H–1B and L–1 Visa Fraud and Abuse
Prevention Act of 2007
.
(b)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.
2.H–1B employer requirements
(a)Application of nondisplacement and good
faith recruitment requirements to all H–1B employers
(1)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)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
nondisplacementSection
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)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
positionsSection
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
laborSection 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)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 nonimmigrantsSection 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)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)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
employeesSection 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)
(1)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)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)The amendments made by
this subsection shall apply to applications filed on or after the date of the
enactment of this Act.
(h)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 agenciesNot 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.
.
3.H–1B government authority and
requirements
(a)Safeguards against fraud and
misrepresentation in application review processSection 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
laborSection 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 securitySection 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)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)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 issuanceSection
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.
.
4.L–1 visa fraud and abuse
protections
(a)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
petitionsSection
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 outplacementSection 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
investigationsSection
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)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)Section 214(c)(8) of such Act is amended by
inserting (L),
after (H),
.
(e)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)
(1)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)The amendments made by
this subsection shall apply to applications filed on or after the date of the
enactment of this Act.
5.Whistleblower protections
(a)H–1B whistleblower
protectionsSection
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 protectionsSection 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.
.
6.Additional Department of Labor
employees
(a)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
appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
section.