[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5006 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5006

 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

                             April 20, 2016

  Ms. Frankel of Florida (for herself, Mr. Deutch, Mr. Himes, and Mr. 
 Schweikert) 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 ``Visa Transparency Anti-Trafficking 
Act of 2016''.

SEC. 2. ANNUAL REPORT TO CONGRESS ON NONIMMIGRANT VISAS.

    Section 214(c)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)(8)) is amended to read as follows:
            ``(8) Annual report.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall submit an annual report to the Committee 
                on the Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives that includes 
                the information set forth in subparagraph (B).
                    ``(B) Information to be included.--Each report 
                submitted under subparagraph (A) shall include, for the 
                reporting period--
                            ``(i) the number of citizens of nations 
                        with Compacts of Free Association with the 
                        United States who are authorized by such 
                        Compacts to reside permanently in the United 
                        States as nonimmigrants and were admitted to 
                        the United States;
                            ``(ii) the ports of entry at which the 
                        individuals described in clause (i) were 
                        admitted; and
                            ``(iii) with respect to each nonimmigrant 
                        visa classification under the immigration laws 
                        that permits employment, other than 
                        subparagraphs (S), (T), (U), and (V) of section 
                        101(a)(15), to the extent such data is 
                        collected by any government entity, the 
                        following data:
                                    ``(I) With respect to each such 
                                nonimmigrant visa classification and 
                                subclassification that authorizes 
                                employment, as applicable--
                                            ``(aa) the number of visas 
                                        that were issued and the number 
                                        of persons admitted or 
                                        otherwise granted status under 
                                        such classification;
                                            ``(bb) the number of visas 
                                        that expired;
                                            ``(cc) the number of visas 
                                        that were revoked;
                                            ``(dd) the number of visas 
                                        that were otherwise terminated;
                                            ``(ee) the number of 
                                        petitions that were filed;
                                            ``(ff) the number of 
                                        petitions that were approved;
                                            ``(gg) the number of 
                                        petitions that were rejected;
                                            ``(hh) the number of 
                                        petitions that were denied;
                                            ``(ii) the number of 
                                        petitions that were withdrawn;
                                            ``(jj) the number of 
                                        petitions awaiting final 
                                        action;
                                            ``(kk) the number of 
                                        blanket petitions under 
                                        paragraph (2)(A) that were 
                                        filed;
                                            ``(ll) the number of such 
                                        blanket petitions that were 
                                        approved;
                                            ``(mm) the number of such 
                                        blanket petitions that were 
                                        rejected;
                                            ``(nn) the number of such 
                                        blanket petitions that were 
                                        denied;
                                            ``(oo) the number of such 
                                        blanket petitions that were 
                                        withdrawn;
                                            ``(pp) the number of such 
                                        blanket petitions awaiting 
                                        final action;
                                            ``(qq) the number of visa 
                                        applications and beneficiaries 
                                        that were approved pursuant to 
                                        each blanket petition;
                                            ``(rr) the number of 
                                        extensions of stay that were 
                                        requested;
                                            ``(ss) the number of 
                                        extensions of stay that were 
                                        approved;
                                            ``(tt) the number of 
                                        extensions of stay that were 
                                        rejected;
                                            ``(uu) the number of 
                                        extensions of stay that were 
                                        denied;
                                            ``(vv) the number of 
                                        extension of stay requests that 
                                        were withdrawn;
                                            ``(ww) the number of 
                                        extension of stay requests 
                                        awaiting final action;
                                            ``(xx) the number of 
                                        extension of stay requests that 
                                        were filed for the purpose of 
                                        switching employers or adding a 
                                        new, concurrent employer;
                                            ``(yy) the percentage of 
                                        nonimmigrants admitted into the 
                                        United States who are younger 
                                        than 18 years of age, between 
                                        18 and 30 years of age, between 
                                        30 and 40 years of age, between 
                                        40 and 50 years of age, between 
                                        50 and 60 years of age, or 
                                        older than 60 years of age, 
                                        respectively;
                                            ``(zz) the percentage of 
                                        nonimmigrants admitted into the 
                                        United States of each gender;
                                            ``(aaa) the 10 countries of 
                                        which the most nonimmigrants 
                                        are nationals;
                                            ``(bbb) for the 5 
                                        occupations in which the most 
                                        nonimmigrants in each visa 
                                        classification or 
                                        subclassification are 
                                        employed--

                                                    ``(AA) the 5 
                                                employers that employ 
                                                the most nonimmigrants 
                                                in the visa 
                                                classification;

                                                    ``(BB) the 2 
                                                countries of which the 
                                                most nonimmigrants are 
                                                nationals;

                                                    ``(CC) the age and 
                                                gender of the 
                                                nonimmigrants;

                                                    ``(DD) the average 
                                                educational levels 
                                                attained by the 
                                                nonimmigrants;

                                                    ``(EE) the average 
                                                compensation paid to 
                                                the nonimmigrants; and

                                                    ``(FF) the source 
                                                of the data for this 
                                                subclause;

                                            ``(ccc) for each of the 5 
                                        employers that employ the most 
                                        nonimmigrants in the visa 
                                        classification or 
                                        subclassification--

                                                    ``(AA) the number 
                                                of such nonimmigrants 
                                                who are nationals of 
                                                each country;

                                                    ``(BB) the number 
                                                of such nonimmigrants 
                                                who fall within each 
                                                age range; and

                                                    ``(CC) the number 
                                                of such nonimmigrants 
                                                of each gender; and

                                            ``(ddd) the number of 
                                        petitions denied, disaggregated 
                                        by age, gender, and country of 
                                        nationality.
                                    ``(II) For each employment-based 
                                petition and request for extension of 
                                work authorization that was filed--
                                            ``(aa) the number of 
                                        nonimmigrants sought;
                                            ``(bb) each beneficiary's 
                                        country of origin and local 
                                        region or state;
                                            ``(cc) a description of the 
                                        occupation in which the 
                                        beneficiary will be employed;
                                            ``(dd) the standard 
                                        occupational classification 
                                        code for each occupation;
                                            ``(ee) the primary work 
                                        location and secondary work 
                                        location, if applicable;
                                            ``(ff) the name and address 
                                        of the employer (unless for 
                                        individual household 
                                        employers);
                                            ``(gg) whether more than 50 
                                        percent of the employer's 
                                        United States workforce are 
                                        nonimmigrants;
                                            ``(hh) whether more than 30 
                                        percent of the employer's 
                                        United States workforce are 
                                        nonimmigrants;
                                            ``(ii) whether the employer 
                                        conducts outplacement of 
                                        nonimmigrants;
                                            ``(jj) whether the employer 
                                        was authorized to file blanket 
                                        petitions under paragraph 
                                        (2)(A);
                                            ``(kk) whether the petition 
                                        is such a blanket petition;
                                            ``(ll) the name and last 
                                        known domestic and foreign 
                                        business address of any labor 
                                        recruiter, agent, or other 
                                        third party intermediary 
                                        involved in identifying workers 
                                        to be petition beneficiaries; 
                                        and
                                            ``(mm) the visa 
                                        classification and 
                                        subclassification.
                                    ``(III) For each nonimmigrant 
                                authorized to work in the United States 
                                (include data source)--
                                            ``(aa) the visa 
                                        classification and 
                                        subclassification;
                                            ``(bb) the labor 
                                        certification form number, if a 
                                        temporary labor certification 
                                        application was filed with the 
                                        Department of Labor;
                                            ``(cc) the date on which 
                                        the temporary labor 
                                        certification application was 
                                        filed;
                                            ``(dd) the date on which 
                                        the temporary labor 
                                        certification application was 
                                        approved, withdrawn, or 
                                        rejected;
                                            ``(ee) the petition or 
                                        extension form number, if a 
                                        petition or extension was filed 
                                        with the Department of Homeland 
                                        Security;
                                            ``(ff) the date on which a 
                                        petition was filed;
                                            ``(gg) the date on which 
                                        such petition was approved, 
                                        withdrawn, or rejected;
                                            ``(hh) the date on which an 
                                        extension was filed;
                                            ``(ii) the date on which 
                                        such extension was approved, 
                                        withdrawn, or rejected;
                                            ``(jj) the nonimmigrant's 
                                        country of origin and local 
                                        region or state;
                                            ``(kk) the nonimmigrant's 
                                        age;
                                            ``(ll) the nonimmigrant's 
                                        gender;
                                            ``(mm) the occupation 
                                        (including the standard 
                                        occupational classification) in 
                                        which the nonimmigrant will be 
                                        employed;
                                            ``(nn) the amount of 
                                        compensation to be paid to the 
                                        nonimmigrant;
                                            ``(oo) the highest level of 
                                        education attained by the 
                                        nonimmigrant;
                                            ``(pp) with respect to 
                                        nonimmigrant students employed 
                                        under Optional Practical 
                                        Training, the nonimmigrant's 
                                        major or primary field of 
                                        study;
                                            ``(qq) with respect to 
                                        nonimmigrant students employed 
                                        under Optional Practical 
                                        Training, the institution at 
                                        which the nonimmigrant obtained 
                                        his or her education;
                                            ``(rr) the primary work 
                                        location and secondary work 
                                        location, if applicable, or the 
                                        zip code and nationality of the 
                                        household employer if the 
                                        nonimmigrant is a household 
                                        employee;
                                            ``(ss) the name and address 
                                        of the nonimmigrant's employer 
                                        (unless the employer is an 
                                        individual household employer);
                                            ``(tt) the name and last 
                                        known domestic and foreign 
                                        business address of a third 
                                        party intermediary; and
                                            ``(uu) if the nonimmigrant 
                                        had a permanent status petition 
                                        filed on his or her behalf, the 
                                        name of the person or entity 
                                        that filed the petition and the 
                                        date on which such petition was 
                                        filed.
                                    ``(IV) The 10 occupations in which 
                                the largest number of nonimmigrants are 
                                employed in the United States.
                                    ``(V) For each of the States--
                                            ``(aa) for each of the 5 
                                        nonimmigrant visa 
                                        classifications and 
                                        subclassifications in which the 
                                        most nonimmigrants were 
                                        admitted--

                                                    ``(AA) the number 
                                                of nonimmigrants 
                                                admitted;

                                                    ``(BB) the number 
                                                of such nonimmigrants 
                                                who are nationals of 
                                                each country;

                                                    ``(CC) the number 
                                                of such nonimmigrants 
                                                who fall within each 
                                                age range; and

                                                    ``(DD) the number 
                                                of such nonimmigrants 
                                                of each gender.

                    ``(C) Public website.--At the time the Secretary of 
                Homeland Security submits the report to Congress under 
                this paragraph, the Secretary shall post the 
                information set forth in subparagraph (B), along with 
                the corresponding raw data set and a searchable 
                database, to a public website.
                    ``(D) Limitation.--The Secretary of Homeland 
                Security shall ensure that the information posted on a 
                public website pursuant to subparagraph (C) does not 
                include information that, alone or in combination, 
                would allow a reasonable person who does not have 
                personal knowledge of the relevant circumstances, to 
                identify a specific person with reasonable certainty.
                    ``(E) Use of information.--Any government official 
                who uses information described in subparagraph (B) 
                shall take reasonable steps to ensure that such use 
                does not enable such information to be manipulated--
                            ``(i) to identify an individual 
                        nonimmigrant to whom the information relates; 
                        or
                            ``(ii) to disaggregate such information 
                        into its component parts.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Employment.--The term `employment'--
                                    ``(I) means employment in the 
                                United States; and
                                    ``(II) includes cultural exchange, 
                                training, or business activities in 
                                which the nonimmigrant receives any 
                                form of compensation, including a 
                                stipend, from any source, whether paid 
                                in the United States or in the 
                                nonimmigrant's country of origin.
                            ``(ii) Nonimmigrant visa classification, 
                        status, or subclassification.--The term 
                        `nonimmigrant visa classification, status, or 
                        subclassification' means any program, level, 
                        category, subcategory, or other type of 
                        grouping that--
                                    ``(I) is part of a nonimmigrant 
                                visa classification or status described 
                                in section 101(a)(15) or 214(e) or 
                                otherwise established under the 
                                immigration laws; and
                                    ``(II) may be specifically created, 
                                delineated, or defined in any Federal 
                                statute, regulation, agency guidance, 
                                directive memo, or any other source 
                                material, including the Code of Federal 
                                Regulations, the Foreign Affairs 
                                Manual, Department of State cables 
                                (classified or unclassified), and any 
                                official form, application, or petition 
                                used by the Secretary of Homeland 
                                Security, the Secretary of State, or 
                                the Secretary of Labor.
                            ``(iii) Third party intermediary.--The term 
                        `third party intermediary'--
                                    ``(I) means any natural person or 
                                any corporation, company, firm, 
                                partnership, joint stock company or 
                                association, or other organization or 
                                entity, including municipal 
                                corporations that recruit, solicit, or 
                                engage in related activities with 
                                respect to an individual who resides 
                                outside of the United States in 
                                furtherance of employment in the United 
                                States, including when such activity 
                                occurs wholly outside of the United 
                                States; and
                                    ``(II) includes recruiters, 
                                subrecruiters, placement agencies, 
                                staffing agencies, labor contractors, 
                                and sponsor organizations designated by 
                                the Secretary of State, including for-
                                profit and not-for-profit sponsor 
                                entities.''.

SEC. 3. AUTHORITY TO MODIFY FORMS.

    The Secretary of Homeland Security, the Secretary of State, and the 
Secretary of Labor shall take such steps as may be necessary to revise 
any applications, petitions, forms, or databases used to regulate the 
issuance of visas to nonimmigrants or the granting of nonimmigrant 
status in order to comply with the reporting requirements set forth in 
section 214(c)(8) of the Immigration and Nationality Act, as amended by 
section 2.

SEC. 4. INFORMATION SHARING.

    If the Secretary of Homeland Security determines that information 
collected or maintained by the Secretary of State or the Secretary of 
Labor is required to make a submission under section 214(c)(8) of the 
Immigration and Nationality Act, as amended by section 2, the Secretary 
of State or the Secretary of Labor, as applicable, shall provide such 
information to the Secretary of Homeland Security upon request.
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