[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5197 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5197

 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2014

    Ms. Frankel of Florida (for herself, Mr. Deutch, and Mr. Himes) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 214(c)(8) of the Immigration and Nationality Act to 
    modify the data reporting requirements relating to nonimmigrant 
                   employees, 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.

    This Act may be cited as the ``Transparency in Reporting to Protect 
American Workers and Prevent Human Trafficking Act''.

SEC. 2. DATA REPORTING ON NONIMMIGRANT EMPLOYEES.

    Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(8)) is amended to read as follows:
    ``(8)(A)(i)(I) The Secretary of Homeland Security annually shall 
submit to the Committees on the Judiciary of the House of 
Representatives and of the Senate and timely upload to a public website 
a report (along with the corresponding raw data set) with respect to 
each of the subparagraphs of sections 101(a)(15) and 214(e) that permit 
employment in the United States under any circumstances, including 
cultural exchange, training, or business activities which result in 
receiving any form of compensation, including a stipend, from any 
source.
    ``(II) Each report under subclause (I) shall contain the following 
data regarding any nonimmigrant visa or any grant of nonimmigrant 
status:
            ``(aa) The number of aliens who were granted such a visa or 
        status.
            ``(bb) The number of aliens who had such visas or statuses 
        that were expired, revoked, or otherwise terminated during each 
        month of the preceding fiscal year.
            ``(cc) Information on the countries of origin of (including 
        local region or state if available), age, gender, and 
        occupations of, educational levels attained by, and 
        compensation paid to aliens issued such visa or status.
            ``(dd) The names and addresses of employers and the number 
        of aliens authorized per category and subclass to work for each 
        employer, including the country of origin, age, and gender of 
        each alien authorized to work for each employer, the alien's 
        primary work location, and secondary work location if one 
        exists.
    ``(III) Each report under subclause (I) shall contain the following 
data regarding any nonimmigrant visa category or status (including 
extensions and transfers to another visa category or subclass, or 
request to switch to another employer) that requires approval from the 
Secretary of Homeland Security through a Petition for Nonimmigrant 
Worker, Form I-129 (or any successor form):
            ``(aa) The number of petitions filed.
            ``(bb) The number of petitions approved and the number of 
        workers (by occupation) included in such approved petitions.
            ``(cc) The number of petitions denied and the number of 
        workers (by occupation) requested in such denied petitions.
            ``(dd) The Standard Occupational Classification (SOC) code 
        for each occupation in each approved petition.
            ``(ee) The number of petitions withdrawn.
            ``(ff) The number of petitions awaiting final action.
    ``(ii) The Secretary of Homeland Security annually shall submit to 
the Committees on the Judiciary of the House of Representatives and of 
the Senate and timely upload to a public website a report (along with 
the corresponding raw data set) that contains the following:
            ``(I) A list of all employers who petition for visas under 
        section 101(a)(15)(H)(i)(b).
            ``(II) The number of such petitions filed and approved for 
        each such employer.
            ``(III) The Standard Occupational Classifications (SOC) for 
        the approved positions.
            ``(IV) The number of nonimmigrants for whom each such 
        employer files for adjustment to permanent resident status.
            ``(V) A list of all employers who are H-1B-dependent 
        employers (as defined in section 212(n)(3)(A)).
            ``(VI) A list of all employers for whom more than 30 
        percent of their United States workforce are nonimmigrants 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15).
            ``(VII) A list of all employers for whom more than 50 
        percent of their United States workforce are nonimmigrants 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15).
            ``(VIII) A gender breakdown by occupation and by country of 
        origin for the nonimmigrants described in section 
        101(a)(15)(H)(i)(b).
            ``(IX) A list of all employers who conduct outplacement of 
        nonimmigrants described in section 101(a)(15)(H)(i)(b).
            ``(X) The number of nonimmigrants described in section 
        101(a)(15)(H)(i)(b) categorized by their highest level of 
        education and major or primary field of study, and whether such 
        education was obtained in the United States or in a foreign 
        country.
    ``(iii) The Secretary of Homeland Security annually shall submit to 
the Committees on the Judiciary of the House of Representatives and of 
the Senate and timely upload to a public website a report (along with 
the corresponding raw data set) that contains the following:
            ``(I) A list of all employers who have filed petitions with 
        the Secretary of Homeland Security for nonimmigrants under 
        section 101(a)(15)(L).
            ``(II) The number of such petitions filed and approved for 
        each such employer, whether each petition was processed by the 
        Department of Homeland Security or the Department of State as a 
        blanket petition under paragraph (2)(A).
            ``(III) The Standard Occupational Classifications (SOC) 
        code for each occupation in each approved positions.
            ``(IV) The amount of compensation paid to each beneficiary.
            ``(V) The number of nonimmigrants described in section 
        101(a)(15)(L) for whom each such employer files for adjustment 
        to permanent resident status.
            ``(VI) A list of all employers for whom more than 30 
        percent of their United States workforce are nonimmigrants 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15).
            ``(VII) A list of all employers for whom more than 50 
        percent of their United States workforce are nonimmigrants 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15).
            ``(VIII)(aa) A list of all employers who have been 
        authorized to file blanket petitions under paragraph (2)(A), 
        including those who were identified by aliens applying for a 
        visa under section 101(a)(15)(L) as the employer seeking to 
        employ such aliens; and
            ``(bb) the number of such visa applications approved 
        pursuant to each blanket petition.
            ``(IX) A gender breakdown by occupation and by country of 
        origin for the nonimmigrants described in section 
        101(a)(15)(L).
            ``(X) list of all employers who conduct outplacement of 
        nonimmigrants described in section 101(a)(15)(L).
            ``(XI) The number of nonimmigrants described in section 
        101(a)(15)(L) categorized by their highest level of education 
        and major or primary field of study, and whether such education 
        was obtained in the United States or in a foreign country.
            ``(XII) The number of petitions which have been authorized 
        as blanket petitions under paragraph (2)(A).
    ``(iv) Reporting required by this subparagraph includes information 
gathered on petitions for nonimmigrant status or in any other manner, 
including consular processing, and computer systems managed by the 
Secretary of Homeland Security for tracking students and exchange 
visitors.
    ``(v) The information included in the reports under this 
subparagraph shall be disaggregated by nonimmigrant visa type and each 
subclass, if applicable as set forth in subparagraph (C).
    ``(vi) The annual reports required under this subparagraph shall be 
submitted not later than 3 months after the end of each fiscal year and 
shall contain data pertaining to the requested categories from the 
immediately preceding fiscal year.
    ``(B)(i) The Secretary of Homeland Security shall maintain an 
accurate count of the number of aliens subject to numerical 
limitations, if any, of the visa issued or nonimmigrant status 
provided, including under subsection (g)(1).
    ``(ii) The Secretary of Homeland Security shall notify, on a 
quarterly basis, the Committees on the Judiciary of the House of 
Representatives and the Senate of the numbers of aliens who during the 
preceding 3-month period were issued visas or otherwise provided 
nonimmigrant status under section 101(a)(15)(H)(i)(b).
    ``(iii) The Secretary of Homeland Security shall notify, on a 
semiannual basis, the Committees on the Judiciary of the House of 
Representatives and the Senate of the number of aliens who during the 
preceding 1-year period were issued visas or otherwise provided 
nonimmigrant status under all annually capped visas enumerated in 
section 101(a)(15) or who had such a visa or such status revoked or 
otherwise terminated.
    ``(iv) Each notification under clause (i), and each submission 
under clause (ii), shall include the number of aliens who were issued 
visas or otherwise provided nonimmigrant status pursuant to petitions 
filed by institutions or organizations described in section 212(p)(1).
    ``(C) The Secretary of Homeland Security shall collect and report 
the required data described in subparagraphs (A) and (B) for 
nonimmigrant visas issued, or nonimmigrant status granted, under any 
subparagraph of section 101(a)(15) and disaggregate the data 
accordingly with respect to any particular subclass, or employment-
authorized exchange or training program authorized under each subclass 
or otherwise specified in regulations or Federal agency guidance or 
directives, including--
            ``(i) with respect to section 101(a)(15)(J), the specific 
        program provisions enumerated in subpart B of part 62 of title 
        22, Code of Federal Regulations;
            ``(ii) with respect to section 101(a)(15)(B), the specific 
        categories of business visitor activity enumerated in notes 9-
        11 of section 41.31 of volume 9, U.S. Department of State 
        Foreign Affairs Manual; and
            ``(iii) with respect to section 101(a)(15)(F), all persons 
        granted employment authorization pursuant to the provisions 
        enumerated in section 214.2(f)(10) of title 8, Code of Federal 
        Regulations.
    ``(D) If the Secretary of Homeland Security determines that 
information maintained by either the Secretary of State or the 
Secretary of Labor is required to make a submission described in this 
paragraph, for example if any of the required information is gathered 
during consular processing or during the labor certification process, 
the Secretaries of State and Labor shall provide such information to 
the Secretary of Homeland Security upon request.
    ``(E) The Secretaries of Homeland Security, State, and Labor shall 
take such steps as are necessary to revise any applications, petition 
forms, and databases used for nonimmigrant visas or status under each 
subparagraph and corresponding subcategory or subclass of section 
101(a)(15) which permit an alien beneficiary to work in the United 
States under any circumstances, including training or business 
activities which result in receiving any form of compensation, 
including a stipend, from any source, so as to ensure that sufficient 
information is collected to report the data as required under this 
paragraph.''.
                                 <all>