[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2839 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2839

To provide emergency relief for United States businesses and industries 
 currently employing temporary foreign workers and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2008

   Mr. Cornyn (for himself, Mr. Gregg, Mr. Lieberman, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide emergency relief for United States businesses and industries 
 currently employing temporary foreign workers and for other purposes.

    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 ``Global 
Competitiveness Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Extension of returning worker exemption to H-2B numerical 
                            limitation.
Sec. 3. Recapture of unused visas.
Sec. 4. H-1B visa availability.
Sec. 5. Fee for H-1B employers.
Sec. 6. Prohibitions on recruiting only H-1B workers and on 
                            outsourcing.
Sec. 7. H-1B enforcement.
Sec. 8. Whistleblower protections.
Sec. 9. Limitations on approval of L-1 petitions for start-up 
                            companies.
Sec. 10. Filing for early adjustment.
Sec. 11. Clarification of immigration fee account provisions.
Sec. 12. National Science Foundation scholarship program.
Sec. 13. Extension of E-Verify program.
Sec. 14. Clarification of false claims of United States nationality.

SEC. 2. EXTENSION OF RETURNING WORKER EXEMPTION TO H-2B NUMERICAL 
              LIMITATION.

    Subparagraph (A) of section 214(g)(9) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(9)) is amended by striking ``2004, 
2005, or 2006 shall not be counted toward the numerical limitation 
during fiscal year 2007.'' and inserting ``2005, 2006, 2007, or 2008 
shall not be counted toward the numerical limitation during the fiscal 
years 2008 through 2010.''.

SEC. 3. RECAPTURE OF UNUSED VISAS.

    (a) Recapture of Unused H-1B Visa.--
            (1) In general.--Subsection (g) of section 214 of the 
        Immigration and Nationality Act (8 U.S.C. 1184) is amended--
                    (A) by redesignating paragraphs (10) and (11) as 
                paragraphs (11) and (12), respectively; and
                    (B) by inserting after paragraph (9) the following:
    ``(10)(A) If the numerical limitation set out in paragraph (1)(A) 
for fiscal year 2009 or any subsequent fiscal year has been reached, 
such numerical limitation shall be supplemented in a number equal to 
the lesser of--
            ``(i) the cumulative total number of visas that were 
        available in all prior fiscal years subsequent to fiscal year 
        1991, and not issued for each such fiscal year or any 
        subsequent fiscal year; and
            ``(ii) 50,000.
    ``(B) The fee for a visa made available pursuant to subparagraph 
(A) shall be $1,500.
    ``(C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(s).''.
            (2) Effective period.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by paragraph (1) shall be 
                effective during the 3-year period beginning on the 
                date of the enactment of this Act.
                    (B) Enactment after april 1, 2009.--If the date of 
                the enactment of this Act is after April 1, 2009, the 
                amendments made by paragraph (1) shall take effect as 
                if enacted on April 1, 2009 and be effective during the 
                3-year period beginning on such date.
    (b) Recapture of Unused Employment-Based Numbers.--Subsection (d) 
of section 106 of the American Competitiveness in the Twenty-first 
Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``1994, 1996, 1997, 1998,'' after 
                ``available in fiscal year'';
                    (B) by striking ``or 2004'' and inserting ``2004, 
                or 2006''; and
                    (C) by striking ``be available'' and all that 
                follows and inserting the following: ``be available 
                only to--
                    ``(A) employment-based immigrants under paragraph 
                (1), (2), (3)(A)(i), or (3)(A)(ii) of section 203(b) of 
                the Immigration and Nationality Act (8 U.S.C. 1153(b)) 
                and spouses and children accompanying or following to 
                join such immigrants under section 203(d) of such Act 
                (8 U.S.C. 1153(d)); and
                    ``(B) immigrant workers who had petitions approved 
                based on Schedule A, Group I under section 656.5 of 
                title 20, Code of Federal Regulations, as promulgated 
                by the Secretary of Labor, and spouses and children 
                accompanying or following to join such immigrants under 
                section 203(d) of such Act (8 U.S.C. 1153(d)).'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``1999 through 
                2004'' and inserting ``1994, 1996, 1997, 1998, 2001 
                through 2004, and 2006''; and
                    (B) in subparagraph (B), by amending clause (ii) to 
                read as follows:
                            ``(ii) Distribution of visas.--The total 
                        number of visas made available under paragraph 
                        (1) from unused visas from the fiscal years 
                        1994, 1996, 1997, 1998, 2001 through 2004, and 
                        2006 shall be distributed as follows:
                                    ``(I) The total number of visas 
                                made available for immigrant workers 
                                who had petitions approved based on 
                                Schedule A, Group I under section 656.5 
                                of title 20, Code of Federal 
                                Regulations, as promulgated by the 
                                Secretary of Labor, and their spouses 
                                and children accompanying or following 
                                to join under section 203(d) of such 
                                Act (8 U.S.C. 1153(d)), shall be 
                                61,000.
                                    ``(II) The visas remaining from the 
                                total made available under paragraph 
                                (1) shall be allocated to employment-
                                based immigrants with approved 
                                petitions under paragraph (1), (2), 
                                (3)(A)(i) or (3)(A)(ii) of section 
                                203(b) of the Immigration and 
                                Nationality Act (8 U.S.C. 1153(b)) and 
                                the spouses and children accompanying 
                                or following to join such immigrants 
                                under section 203(d) of such Act (8 
                                U.S.C. 1153(d)).''; and
            (3) by adding at the end the following:
            ``(4) Fee for recapture of unused employment-based 
        immigrant visas.--
                    ``(A) In general.--In addition to required filing 
                fees, the Secretary shall impose a $1,500 recapture fee 
                upon each petitioning employer who uses a visa number 
                recaptured under this section.
                    ``(B) Exception.--The fee required under paragraph 
                (A) shall not be imposed for the use of such visas if 
                the employer demonstrates to the Secretary that--
                            ``(i) the employer is a health care 
                        facility that is located in a county or parish 
                        that received individual and public assistance 
                        pursuant to Major Disaster Declaration number 
                        1603 or 1607; or
                            ``(ii) the employer is a health care 
                        facility that has been designated as a Health 
                        Professional Shortage Area facility by the 
                        Secretary of Health and Human Services as 
                        defined in section 332 of the Public Health 
                        Service Act (42 U.S.C. 254e).
                    ``(C) Fees.--Fees collected under this paragraph 
                shall be deposited in the Immigration Examinations Fee 
                Account, section 286(m) and shall remain available 
                until expended by the Secretary of Homeland 
                Security.''.

SEC. 4. H-1B VISA AVAILABILITY.

    Subsection (g) of section 214 of the Immigration and Nationality 
Act (8 U.S.C. 1184) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) by redesignating clause (vii) as clause (ix); 
                and
                    (C) by inserting after clause (vi) the following:
                            ``(vii) 65,000 in each of fiscal years 2004 
                        through 2008;
                            ``(viii) 115,000 in each of fiscal years 
                        2009 through 2011; and''; and
            (2) in paragraph (5)(C), by striking ``20,000'' and 
        inserting ``30,000 for fiscal years 2009 through 2011 and 
        20,000 for each fiscal year after fiscal year 2011''.

SEC. 5. FEE FOR H-1B EMPLOYERS.

    Subparagraph (B) of section 214(c)(9) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)(9)) is amended by striking ``$1,500'' 
and inserting ``$2,250''.

SEC. 6. PROHIBITIONS ON RECRUITING ONLY H-1B WORKERS AND ON 
              OUTSOURCING.

    (a) Document Requirement.--Subparagraph (A) of section 212(n)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended--
            (1) in clause (i), by striking ``, and'' at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting a semicolon and ``and''; and
            (3) by adding at the end the following:
                            ``(iii) will provide to the H-1B 
                        nonimmigrant a copy of the approved petition 
                        filed on behalf of such nonimmigrant under this 
                        section.''.
    (b) Prohibition on Outsourcing.--Paragraph (1) of section 212(n) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by 
inserting after subparagraph (G) the following:
            ``(H) An alien admitted to the United States or provided 
        status as a nonimmigrant under section 101(a)(15)(H)(i)(b) may 
        only work at a worksite, that is in the United States, of an 
        employer other than the petitioning employer or its affiliate, 
        subsidiary, or parent if the alien, as part of such aliens's 
        job responsibilities as described and approved in the labor 
        condition application under this subsection and the H-1B 
        petition under section 214, is required to provide a product or 
        service of the petitioning employer at the worksite of the 
        nonpetitioning employer. Such work is not authorized if the 
        alien is essentially providing labor for hire for the 
        nonpetitioning employer.''.
    (c) Advertising Requirements.--Paragraph (1) of section 212(n) of 
the Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by 
subsection (b), is further amended by inserting after subparagraph (H), 
as added by such subsection, the following:
            ``(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.''.
    (d) Hiring Requirements.--Subsection (g) of section 214 of the 
Immigration and Nationality Act (8 U.S.C. 1184), as amended by section 
3(a), is further amended by adding at the end the following:
    ``(13)(A)(i) An employer described in clause (ii) may file not more 
than 1,000 petitions total for the initial admission of an alien as a 
nonimmigrant under section 101(a)(15)(H)(i)(b) who are counted under 
subsection (g)(1)(A) in any fiscal year.
    ``(ii) An employer described in this subparagraph is an employer 
that employs aliens admitted as, or provided status under, section 
101(a)(15)(H)(i)(b) in a number that is equal to or greater than 50 
percent of the number of the total number of full-time employees.
    ``(B) An employer that employs more than 50 employees may not 
employ aliens provided status as nonimmigrants under section 
101(a)(15)(H)(i)(b) in a number that is equal to or greater than 75 
percent of the number of such full-time employees.''.
    (e) Effective Date.--The amendments made by this section shall be 
effective during the period beginning on the date of the enactment of 
this Act and ending on September 31, 2011.

SEC. 7. H-1B ENFORCEMENT.

    (a) Safeguards Against Fraud and Misrepresentation.--Paragraph (1) 
section 212(n) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)), as amended by subsections (b) and (c) of section 6, is 
further amended--
            (1) in the undesignated paragraph at the end, by striking 
        ``The employer'' and inserting the following:
            ``(J) The employer.''; and
            (2) in subparagraph (J), as designated by paragraph (1)--
                    (A) by inserting ``and through the Department of 
                Labor's website, without charge.'' after ``D.C.'';
                    (B) by inserting ``, clear indicators of fraud, 
                misrepresentation of material fact,'' after 
                ``completeness'';
                    (C) by striking ``or obviously inaccurate'' and 
                inserting ``, presents clear indicators of fraud or 
                misrepresentation of material fact, or is obviously 
                inaccurate'';
                    (D) by striking ``within 7 days of'' and inserting 
                ``not later than 14 days after''; and
                    (E) 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 the Secretary of Labor.--Paragraph (2) of 
section 212(n) of the Immigration and Nationality Act (8 U.S.C. 
1182(n)) 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 clause (i) of subparagraph (C)--
                    (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 substantially 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 the Secretary of Homeland Security 
and the Secretary of Labor.--Paragraph (2) of section 212(n) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by 
subsection (b), 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.--Subparagraph (A) of section 212(n)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), as amended by 
subsection (b), is further amended by adding at the end ``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.--Subparagraph (C) of section 212(n)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) 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''.
    (f) Information Provided to H-1B Nonimmigrants Upon Visa 
Issuance.--Subsection (n) of section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by adding after paragraph 
(3) the following:
    ``(4)(A) Upon issuing an H-1B visa to an applicant outside the 
United States, the Secretary of State 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 according H-1B nonimmigrant status 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.''.
    (g) Investigations and Audits by the Secretary of Homeland 
Security.--
            (1) Investigations and audits.--Paragraph (2) of section 
        214(c) of the Immigration and Nationality Act (8 U.S.C. 
        1184(c)) is amended by adding at the end the following:
    ``(G)(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, United States Code.
    ``(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 of 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 substantially 
failed to comply with the requirements of 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 of this subsection, the Secretary may impose a penalty 
under section 214(c)(2)(H).''
    ``(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 L 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.''.
            (2) Reporting requirement.--Paragraph (8) of such section 
        214(c) is amended--
                    (A) by striking ``Attorney General'' whenever the 
                term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by inserting ``(L),'' after ``(H),''.
    (h) Penalties.--Paragraph (2) of section 214(c) of the Immigration 
and Nationality Act (8 U.S.C. 1184(c)), as amended by subsection (g), 
is further amended by adding at the end the following:
    ``(H)(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.''.

SEC. 8. WHISTLEBLOWER PROTECTIONS.

    Paragraph (2) of section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by subsections (g) and (h) of 
section 7, is further amended by adding at the end the following:
    ``(I)(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. 9. LIMITATIONS ON APPROVAL OF L-1 PETITIONS FOR START-UP 
              COMPANIES.

    Paragraph (2) of section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by subsections (g) and (h) of 
section 7 and section 8(b), is further amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (E), by striking ``In the case'' and 
        inserting ``Except as provided in subparagraph (H), in the 
        case''; and
            (3) by adding at the end the following:
    ``(J)(i) If the beneficiary of a petition under this subsection is 
coming to the United States to be employed in a new office, the 
petition may be approved for a period not to exceed 12 months only if 
the alien has not been the beneficiary of 2 or more petitions under 
this subparagraph within the immediately preceding 2 years and only if 
the employer operating the new office has--
            ``(I) an adequate 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 to the Secretary of 
Homeland Security--
            ``(I) evidence that the importing employer meets the 
        requirements of this subsection;
            ``(II) evidence that the beneficiary meets the requirements 
        of section 101(a)(15)(L);
            ``(III) a statement summarizing the original petition;
            ``(IV) evidence that the importing employer has 
        substantially complied with the business plan submitted under 
        clause (i);
            ``(V) evidence of the truthfulness of any representations 
        made in connection with the filing of the original petition if 
        requested by the Secretary;
            ``(VI) evidence that the importing employer, from the date 
        of petition approval under clause (i), has been doing business 
        at the new office through regular, systematic, and continuous 
        provision of goods or services;
            ``(VII) a statement of the duties the beneficiary has 
        performed at the new office during the approval period under 
        clause (i) and the duties the beneficiary will perform at the 
        new office during the extension period approved under this 
        clause;
            ``(VIII) a statement describing the staffing at the new 
        office, including the number of employees and the types of 
        positions held by such employees;
            ``(IX) evidence of wages paid to employees if the 
        beneficiary will be employed in a managerial or executive 
        capacity;
            ``(X) evidence of the financial status of the new office; 
        and
            ``(XI) any other evidence or data prescribed by the 
        Secretary.
    ``(iii) A new office employing the beneficiary of an L-1 petition 
approved under this subparagraph must do business through regular, 
systematic, and continuous provision of goods or services for the 
entire period of petition approval.
    ``(iv) Notwithstanding clause (iii) or 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, in the Secretary's discretion, approve a subsequently 
filed petition on behalf of the beneficiary to continue employment at 
the office described in this subsection for a period beyond the 
initially granted 12-month period if the importing employer has been 
doing business at the new office through regular, systematic, and 
continuous provision of goods or services for the 6 months immediately 
preceding the date of extension petition filing and demonstrates that 
the failure to satisfy any of the requirements described in those 
subclauses was directly caused by extraordinary circumstances, as 
determined by the Secretary, in the Secretary's discretion.
    ``(K)(i) The Secretary of Homeland Security may not authorize the 
spouse of an alien described under section 101(a)(15)(L), who is a 
dependent of a beneficiary under subparagraph (J), to engage in 
employment in the United States during the initial 12-month period 
described in subparagraph (J)(i).
    ``(ii) A spouse described in clause (i) may be provided employment 
authorization upon the approval of an extension under subparagraph 
(J)(ii).
    ``(L) For purposes of determining the eligibility of an alien for 
classification under section 101(a)(15)(L) of this Act, the Secretary 
of Homeland Security shall establish procedures with the Department of 
State to verify a company or office's existence in the United States 
and abroad.''.

SEC. 10. FILING FOR EARLY ADJUSTMENT.

    (a) Adjustment of Status.--
            (1) In general.--Section 245 of the Immigration and 
        Nationality Act (8 U.S.C. 1255) is amended by adding at the end 
        the following:
    ``(n) Adjustment of Status for Employment-Based Immigrants.--
            ``(1) Eligibility.--The Secretary of Homeland Security 
        shall promulgate regulations to provide for the filing of an 
        application for adjustment of status by an alien (and any 
        eligible dependents of such alien), regardless of whether an 
        immigrant visa is immediately available at the time the 
        application is filed, if the alien has an approved petition 
        under paragraph (1), (2), (3)(A)(i), or (3)(A)(ii) of section 
        203(b) and the priority date for processing of an immigrant 
        visa under such paragraph (1), (2), (3)(A)(i), or 3(A)(ii) as 
        reflected on the Department of State, Visa Bulletin for the 
        month in which the application for adjustment of status is 
        filed, is not more than 24 months from the date of filing.
            ``(2) Visa availability.--An application filed pursuant to 
        paragraph (1) may not be approved until an immigrant visa 
        becomes available, the alien is deemed admissible, and all 
        background checks have been completed and resolved to the 
        satisfaction of the Secretary of Homeland Security.
            ``(3) Fees.--If an application is filed pursuant to 
        paragraph (1), the beneficiary of such application shall pay a 
        supplemental fee of $500. Such fee may not be charged to any 
        dependent accompanying or following to join such beneficiary.
            ``(4) Fee adjustments.--Application fees under this 
        subsection may be adjusted in accordance with the 3-year period 
        of validity assigned to the employment authorization or 
        advanced parole documents under subparagraph (A).''.
    (b) Use of Fees.--
            (1) In general.--Section 286 of the Immigration and 
        Nationality Act (8 U.S.C. 1356) is amended--
                    (A) in subsection (m)--
                            (i) by striking ``Notwithstanding any other 
                        provisions of law,'' and inserting the 
                        following:
    ``(m) Immigration Examinations Fee Account.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, all fees collected under section 245(n)(3) and'';
                            (ii) by striking ``: Provided, however, 
                        That all'' and inserting the following:
            ``(2) Virgin islands; guam.--All''; and
                            (iii) by striking ``: Provided further, 
                        That fees'' and inserting the following:
            ``(3) Cost recovery.--Fees.'';
                    (B) by redesignating subsection (n) as paragraph 
                (4), indenting such paragraph, as so redesignated, 2 
                ems from the left margin, and inserting the heading 
                ``Use of funds.--'';
                    (C) in paragraph (4) of subsection (m), as 
                redesignated by subparagraph (B)--
                            (i) by striking ``All deposits'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided under 
                subparagraph (B), all deposits''; and
                            (ii) by adding at the end the following:
                    ``(B) Supplemental fee for adjustment of status of 
                employment-based immigrants.--Any amounts deposited 
                into the Immigration Examinations Fee Account, section 
                286(m), that were collected under section 245(n)(3) 
                shall remain available until expended by the Secretary 
                of Homeland Security.'';
                    (D) by redesignating subsection (o) as paragraph 
                (5), indenting such paragraph, as so redesignated, 2 
                ems from the left margin, and inserting the heading 
                ``Annual financial report to congress.--''; and
                    (E) by redesignating subsection (p) as paragraph 
                (6), indenting such paragraph, as so redesignated, 2 
                ems from the left margin, and inserting the heading 
                ``Applicability.--'';
                    (F) in paragraph (6) of subsection (m), as 
                redesignated by subparagraph (D) by striking 
                ``subsections (m), (n), and (o) of this section'' and 
                inserting ``this subsection shall'';
                    (G) by redesignating sections (q) through (v) as 
                sections (n) through (s), respectively; and
                    (H) in subsection (p), as redesignated by 
                subparagraph (E)--
                            (i) in paragraph (2), by striking ``50 
                        percent'' and inserting ``40 percent'';
                            (ii) in paragraph (3)--
                                    (I) in the heading, by striking 
                                ``low-income'';
                                    (II) by striking ``30 percent'' and 
                                inserting ``40 percent''; and
                                    (III) by striking ``low-income'';
                            (iii) in subparagraph (A) of paragraph (4), 
                        by striking ``10 percent'' and inserting ``5 
                        percent'';
                            (iv) in paragraph (6), by striking the 
                        first sentence; and
                            (v) by adding at the end the following:
            ``(7) Use of fees for gifted and talented students 
        education.--5 percent of the amounts deposited into the H-1B 
        Nonimmigrant Petitioner Account shall remain available to the 
        Secretary of Education until expended to carry out programs and 
        projects authorized under the Jacob K. Javits Gifted and 
        Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
        seq.).''.
            (2) Conforming amendments.--
                    (A) Immigration and nationality.--The Immigration 
                and Nationality Act (8 U.S.C. 1101 et seq.) is 
                amended--
                            (i) in section 214(c) (8 U.S.C. 1184(c))--
                                    (I) in paragraphs (9)(C) and 
                                (11)(C), by striking ``286(s)'' and 
                                inserting ``286(p)''; and
                                    (II) in paragraph (12)(E), by 
                                striking ``286(v)'' and inserting 
                                ``286(s)'';
                            (ii) in section 245(i)(3) (8 U.S.C. 
                        1255(i)(3))--
                                    (I) in subparagraph (A), by 
                                striking ``subsections (m), (n), and 
                                (o)'' and inserting ``subsection (m)''; 
                                and
                                    (II) in subparagraph (B), by 
                                striking ``286(r)'' and inserting 
                                ``286(o)''; and
                            (iii) in section 344(c) (8 U.S.C. 1455(c)), 
                        by striking ``286(q)(2)'' and inserting 
                        ``286(n)(2)''.
                    (B) L-1 and h-1b visa reform act.--Section 
                424(c)(2) of the L-1 and H-1B Visa Reform Act (8 U.S.C. 
                1381(2)) is amended by striking ``286(v)(2)(D)'' and 
                inserting ``286(s)(2)(D)''.
                    (C) American competitiveness and workforce 
                improvement act of 1998.--Section 414 of the American 
                Competitiveness and Workforce Improvement Act of 1998 
                is amended--
                            (i) in subsection (c)(1) (29 U.S.C. 
                        2916a(1)), by striking ``286(s)(2)'' and 
                        inserting ``286(p)(2)''; and
                            (ii) in subsection (d)(4) (42 U.S.C. 
                        1869c(4)), by striking ``286(s)(3)'' and 
                        inserting ``286(p)(3)''.

SEC. 11. CLARIFICATION OF IMMIGRATION FEE ACCOUNT PROVISIONS.

    Subparagraphs (B) and (C) of paragraph (2) of subsection (s) of 
section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as 
redesignated by section 10(b)(1)(G), are amended to read as follows:
                    ``(B) Secretary of homeland security.--One-third of 
                the amounts deposited into the Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Homeland Security until expended for 
                programs and activities to prevent and detect 
                immigration benefit fraud, including fraud with respect 
                to petitions under paragraph (1) or (2)(A) of section 
                214(c) to grant an alien nonimmigrant status described 
                in subparagraph (H)(i), (H)(ii), or (L) of section 
                101(a)(15).
                    ``(C) Secretary of labor.--One third of the amounts 
                deposited into the Fraud Prevention and Detection 
                Account shall remain available to the Secretary of 
                Labor until expended for enforcement programs and 
                activities described in section 212(n) and for 
                enforcement programs and activities otherwise 
                authorized to be conducted by the Secretary of Labor 
                that focus on industries likely to employ 
                nonimmigrants.''.

SEC. 12. NATIONAL SCIENCE FOUNDATION SCHOLARSHIP PROGRAM.

    Section 414(d)(3) of the American Competitiveness and Workforce 
Improvement Act of 1998 (42 U.S.C. 1869c(3)) is amended by striking 
``$10,000'' and inserting ``$15,000''.

SEC. 13. EXTENSION OF E-VERIFY PROGRAM.

    (a) Extension.--Section 401(b) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 
1324a note) is amended by striking ``at the end of the 11-year period 
beginning on the first day the pilot program is in effect.'' and 
inserting ``not later than December 31, 2013.''.
    (b) Designation of E-Verify Program.--Title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 110 Stat. 3009-546) is amended by striking 
``basic pilot'' each place that term appears and inserting ``E-
Verify''.

SEC. 14. CLARIFICATION OF FALSE CLAIMS OF UNITED STATES NATIONALITY.

    Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting ``or national'' 
after ``citizen''.
                                 <all>