[Congressional Record Volume 151, Number 12 (Tuesday, February 8, 2005)]
[House]
[Pages H414-H415]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 418

                Offered By: Mrs. Johnson of Connecticut

       Amendment No. 1: Page 28, after line 4, insert the 
     following:

        TITLE III--PREVENTNG UNINTENDED UNITED STATES JOB LOSSES

     SEC. 301. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The H-1B and L-1 visa programs were established to 
     enable United States employers to hire workers with the 
     necessary skills and allow the intracompany transfer of 
     certain workers in the employ of companies with operations 
     outside of the United States.
       (2) Employers have used the H-1B and L-1 visa programs to 
     fill hundreds of thousands of positions in United States 
     firms.
       (3) According to a General Accounting Office report, 60 
     percent of the positions being filled by workers provided 
     under the H-1B visa program are related to information 
     technology.
       (4) The median annual salaries for information technology 
     employment was $45,000 in 1999.
       (5) In 2001, Congress specifically banned the displacement 
     of United States employees by H-1B visa holders and mandated 
     that employers pay H-1B workers prevailing United States 
     wages.
       (6) United States unemployment in information technology 
     specialties has increased over the last 2 years making it 
     more difficult for employers to certify that they are unable 
     to find American information technology employees to fill 
     vacancies as required to gain approval of H-1B visa 
     applications.
       (7) United States consular officers in foreign countries in 
     the past have expressed concerns that the L-1 visa program 
     was being exploited beyond the original purpose of the 
     program by allowing employers to bring in workers who 
     subsequently are employed by other companies.
       (8) It has been reported that the former Immigration and 
     Naturalization Service was reviewing the L-1 visa program to 
     assess whether companies were using the L-1 visa to 
     circumvent restrictions associated with the H-1B visa 
     program.
       (9) The Department of Labor has had very limited authority 
     to enforce the program requirements of the H-1B visa program 
     and no legal authority to police the L-1 visa program.
       (10) Historical weaknesses in the administration of the H-
     1B program by the former Immigration and Naturalization 
     Service caused unnecessary delays in processing employer 
     requests and also made the H-1B program vulnerable to abuse.
       (b) Purpose.--The purpose of this Act is to ensure that the 
     H-1B and L-1 visa programs are utilized for the purposes for 
     which they were intended and not to displace American workers 
     with lower cost foreign visa holders, by closing the 
     loopholes in the programs and strengthening enforcement and 
     penalties for violations of laws.

     SEC. 302. L-1 NONIMMIGRANT VISAS.

       (a) Wage Requirements; Limitation on Placement of 
     Intracompany Transferees; Displacement of Workers.--Section 
     214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)(2)) is amended by adding at the end the following:
       ``(F) No alien may be admitted or provided status as a 
     nonimmigrant described in section 101(a)(15)(L) unless the 
     importing employer has filed with the Secretary of Labor an 
     application stating the following:
       ``(i) The employer shall make available for public 
     examination, not later than 1 working day after the date on 
     which an application under this subparagraph is filed, at the 
     employer's principal place of business or worksite, a copy of 
     each such application (and such accompanying documents as are 
     necessary). The Secretary shall compile, on a current basis, 
     a list (by employer and by occupational classification) of 
     the applications filed under this subparagraph. The Secretary 
     shall make such list available for public examination in 
     Washington, D.C. The Secretary of Labor shall review such an 
     application only for completeness and obvious inaccuracies. 
     Unless the Secretary of Labor finds that an application is 
     incomplete or obviously inaccurate, the Secretary of Labor 
     shall certify to the Secretary of Homeland Security, not 
     later than 7 days after the date of the filing of the 
     application, that the requirements of this subclause have 
     been satisfied.
       ``(ii) The employer is offering and will offer during the 
     period of authorized employment to aliens admitted or 
     provided status as a nonimmigrant described in section 
     101(a)(15)(L) wages that are at least--
       ``(I) the actual wage level paid by the employer to all 
     other individuals with similar experience and qualifications 
     for the specific employment in question; or
       ``(II) the prevailing wage level for the occupational 
     classification in the area of employment;

     whichever is greater, based on the information available at 
     the time of filing the application.
       ``(iii) The employer did not displace and will not displace 
     a United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of filing of any visa petition supported by the 
     application.
       ``(iv) The provisions of section 212(n)(2) shall apply to a 
     failure to meet a condition of clauses (i), (iii), and (iv) 
     and subparagraph (G) in the same manner as such provisions 
     apply to a failure to meet a condition of section 
     212(n)(1)(F).''.
       (b) Appropriate Agencies References.--Section 214(c)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is 
     amended by inserting after ``Department of Agriculture.'' the 
     following: ``For purposes of this subsection with respect to 
     nonimmigrants described in section 101(a)(15)(L), the term 
     `appropriate agencies of Government' means the Department of 
     Labor.''.
       (c) Restriction of Blanket Petitions.--Section 214(c)(2)(A) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)(2)(A)) is amended by striking ``In the case of'' and 
     all that follows through the period and inserting the 
     following: ``Not later than January 15 of each year, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Labor to ensure that procedures utilized in that 
     calendar year to process blanket petitions shall not 
     undermine efforts by the Department of Labor to enforce the 
     provisions of this subsection and shall consider any 
     recommendations that the Secretary of Labor proposes to such 
     procedures to enhance compliance with the provisions of this 
     subsection.''.
       (d) Action on Petitions.--Section 214(c)(2)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(C)) is 
     amended by inserting before the period the following: ``, 
     unless the Secretary of Homeland Security, after consultation 
     with the Secretary of Labor, determines that an additional 
     period of time beyond 30 days is necessary to ensure the 
     proper implementation of this subsection''.
       (e) Employment History.--Section 101(a)(15)(L) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) is 
     amended by striking ``one year'' and inserting ``2 of the 
     last 3 years''.
       (f) Period of Admission.--Section 214(c)(2)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(D)) is 
     amended--
       (1) in clause (i), by striking ``7 years'' and inserting 
     ``5 years''; and
       (2) in clause (ii), by striking ``5 years'' and inserting 
     ``3 years''.
       (g) Recruitment; Administrative Fee; Definitions.--Section 
     214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1184(c)(2)), as amended by subsection (a), is further amended 
     by adding at the end the following:
       ``(G) In the case of a petition to import aliens as 
     nonimmigrants in a capacity that involves specialized 
     knowledge as described in section 101(a)(15)(L), the 
     employer, prior to filing the petition, shall file with the 
     Secretary of Labor an application stating that the employer 
     has taken good faith steps to recruit, in the United States 
     using procedures that meet industry-wide standards, United 
     States workers for the job for which the nonimmigrants are 
     sought.
       ``(H) The Secretary of Labor shall impose a fee on an 
     employer filing a petition to import aliens as nonimmigrants 
     described in section 101(a)(15)(L) to cover the 
     administrative costs of processing the petition.
       ``(I) The Secretary of Labor may initiate an investigation 
     of any employer that employs nonimmigrants described in 
     section 101(a)(15)(L) if the Secretary of Labor has 
     reasonable cause to believe that the employer is not in 
     compliance with this subsection. The investigation may be 
     initiated not solely for completeness and obvious 
     inaccuracies by the employer in complying with this 
     subsection.
       ``(J) In this paragraph:
       ``(i) In the case of an application with respect to 1 or 
     more nonimmigrants described in section 101(a)(15)(L) by an 
     employer, the employer is considered to `displace' a United 
     States worker from a job if the employer lays off the worker 
     from a job that is essentially the equivalent of the job for 
     which the nonimmigrant is sought. A job shall not be 
     considered to be essentially equivalent of another job unless 
     it involves essentially the same responsibilities, was held 
     by a United States worker with substantially equivalent 
     qualifications and experience, and is located in the same 
     area of employment as the other job.
       ``(ii)(I) The term `lays off', with respect to a worker--
       ``(aa) means to cause the worker's loss of employment, 
     other than through a discharge for inadequate performance, 
     violation of

[[Page H415]]

     workplace rules, cause, voluntary departure, voluntary 
     retirement, or the expiration of a grant or contract; but
       ``(bb) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer at 
     equivalent or higher compensation and benefits than the 
     position from which the employee was discharged, regardless 
     of whether or not the employee accepts the offer.
       ``(II) Nothing in this clause is intended to limit an 
     employee's rights under a collective bargaining agreement or 
     other employment contract.
       ``(iii) The term `United States worker' means an employee 
     who--
       ``(I) is a citizen or national of the United States; or
       ``(II) is an alien who is lawfully admitted for permanent 
     residence or is an immigrant otherwise authorized by this Act 
     or by the Secretary of Homeland Security to be employed.''.
       (h) Technical and Conforming Amendment.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     striking ``Attorney General'' each place that term appears 
     and inserting ``Secretary of Homeland Security''.

     SEC. 303. TEMPORARY NONIMMIGRANT WORKERS.

       (a) H-1B Dependent Employers.--
       (1) In general.--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)(ii), by striking ``an H-1B-
     dependent employer (as defined in paragraph (3))'' and 
     inserting ``an employer that employs H-1B nonimmigrants''; 
     and
       (ii) in subparagraph (F), by striking ``(regardless of 
     whether or not such other employer is an H-1B-dependent 
     employer)''; and
       (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.''.
       (2) Conforming definition amendment.--Section 212(n)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is 
     amended--
       (A) by striking subparagraph (A); and
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively.
       (b) Displacement of Workers.--Section 212(n) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)) is 
     amended--
       (1) in paragraph (1)(F), by striking ``90 days'' each place 
     that term appears and inserting ``180 days''; and
       (2) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place that term appears and inserting ``180 days''.
       (c) Enforcement Action.--Section 212(n)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is 
     amended by adding at the end the following:
       ``(I) The Secretary of Labor may initiate an investigation 
     of any employer that hires nonimmigrants described in section 
     101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable 
     cause to believe that the employer is not in compliance with 
     this subsection. The investigation may be initiated not 
     solely for completeness and obvious inaccuracies by the 
     employer in complying with this subsection.''.
       (d) Administrative Fee.--Section 214(c)(9)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is 
     amended by striking ``before October 1, 2003''.

     SEC. 304. COMPTROLLER GENERAL INVESTIGATION.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     undertake an investigation to determine--
       (1) how the amendments made by this Act are being 
     implemented;
       (2) the impact that the amendments made by this Act have 
     had on employers and workers in the United States; and
       (3) whether additional changes to existing law are 
     necessary--
       (A) to prevent American workers from being displaced by 
     nonimmigrants described in subparagraphs (L) and (H)(i)(b) of 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)); or
       (B) to meet the legitimate needs of United States 
     employers.