[Congressional Record Volume 168, Number 37 (Tuesday, March 1, 2022)]
[Senate]
[Pages S876-S886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THUNE (for himself, Mr. Moran, Mr. Young, and Mrs.
Blackburn):
S. 3715. A bill to amend the Electronic Signatures in Global and
National Commerce Act to accommodate emerging technologies; to the
Committee on Commerce, Science, and Transportation.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3715
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 ``E-SIGN Modernization Act of
2022''.
SEC. 2. REQUIREMENTS FOR CONSENT TO ELECTRONIC DISCLOSURES.
(a) In General.--Title I of the Electronic Signatures in
Global and National Commerce Act (15 U.S.C. 7001 et seq.) is
amended--
(1) in section 101(c) (15 U.S.C. 7001(c))--
(A) in paragraph (1), by striking subparagraphs (C) and (D)
and inserting the following:
``(C) the consumer, prior to consenting, is provided with a
statement of the hardware and software requirements for
access to and retention of the electronic records; and
``(D) after the consent of a consumer in accordance with
subparagraph (A), if a change in the hardware or software
requirements needed to access or retain electronic records
creates a material risk that the consumer will not be able to
access or retain a subsequent electronic record that was the
subject of the consent, the person providing the electronic
record provides the consumer with a statement of--
``(i) the revised hardware and software requirements for
access to and retention of the electronic records; and
``(ii) the right to withdraw consent without the imposition
of any fees for such withdrawal and without the imposition of
any condition or consequence that was not disclosed under
subparagraph (B)(i).'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively;
(2) in section 104(d)(1) (15 U.S.C. 7004(d)(1)), by
inserting ``or a State regulatory agency'' after ``Federal
regulatory agency'';
(3) by striking section 105 (15 U.S.C. 7005); and
(4) by redesignating sections 106 and 107 (15 U.S.C. 7006,
7001 note) as sections 105 and 106, respectively.
(b) Technical and Conforming Amendments.--
(1) Economic growth, regulatory relief, and consumer
protection act.--Section 215(f)(2) of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (42 U.S.C.
405b(f)(2)) is amended by striking ``section 106 of the
Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7006)'' and inserting ``section 105 of the Electronic
Signatures in Global and National Commerce Act''.
[[Page S877]]
(2) Electronic fund transfer act.--Section 920(g)(2)(A) of
the Electronic Fund Transfer Act (15 U.S.C. 1693o-1(g)(2)(A))
is amended by striking ``section 106(2) of the Electronic
Signatures in Global and National Commerce Act (15 U.S.C.
7006(2))'' and inserting ``section 105(2) of the Electronic
Signatures in Global and National Commerce Act''.
(3) Electronic signatures in global and national commerce
act.--The Electronic Signatures in Global and National
Commerce Act (15 U.S.C. 7001 et seq.) is amended--
(A) in section 201(a)(2) (15 U.S.C. 7021(a)(2)), by
striking ``section 106'' and inserting ``section 105''; and
(B) in section 301(c) (15 U.S.C. 7031(c)), by striking
``section 106'' and inserting ``section 105''.
(c) Rule of Construction.--Nothing in this section, or the
amendments made by this section, may be construed as
affecting the consent provided by any consumer under section
101(c) of the Electronic Signatures in Global and National
Commerce Act (15 U.S.C. 7001(c)) before the date of enactment
of this Act.
______
By Mr. DURBIN (for himself, Mr. Grassley, Mr. Blumenthal, Mr.
Tuberville, Mr. Brown, Mr. Hagerty, and Mr. Sanders):
S. 3720. A bill to amend the Immigration and Nationality Act to
reform and reduce fraud and abuse in certain visa programs for aliens
working temporarily in the United States, and for other purposes; to
the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3720
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 ``H-1B and
L-1 Visa Reform Act of 2022''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
Sec. 101. Modification of application requirements.
Sec. 102. New application requirements.
Sec. 103. Application review requirements.
Sec. 104. H-1B visa allocation.
Sec. 105. H-1B workers employed by institutions of higher education.
Sec. 106. Specialty occupation to require an actual degree.
Sec. 107. Labor condition application fee.
Sec. 108. H-1B subpoena authority for the Department of Labor.
Sec. 109. Limitation on extension of H-1B petition.
Sec. 110. Elimination of B-1 visas in lieu of H-1 visas.
Subtitle B--Investigation and Disposition of Complaints Against H-1B
Employers
Sec. 111. General modification of procedures for investigation and
disposition.
Sec. 112. Investigation, working conditions, and penalties.
Sec. 113. Waiver requirements.
Sec. 114. Initiation of investigations.
Sec. 115. Information sharing.
Sec. 116. Conforming amendment.
Subtitle C--Other Protections
Sec. 121. Posting available positions through the Department of Labor.
Sec. 122. Transparency and report on wage system.
Sec. 123. Requirements for information for H-1B and L-1 nonimmigrants.
Sec. 124. Additional Department of Labor employees.
Sec. 125. Technical correction.
Sec. 126. Application.
TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS
Sec. 201. Prohibition on replacement of United States workers and
restricting outplacement of L-1 nonimmigrants.
Sec. 202. L-1 employer petition requirements for employment at new
offices.
Sec. 203. Cooperation with Secretary of State.
Sec. 204. Investigation and disposition of complaints against L-1
employers.
Sec. 205. Wage rate and working conditions for L-1 nonimmigrants.
Sec. 206. Penalties.
Sec. 207. Prohibition on retaliation against L-1 nonimmigrants.
Sec. 208. Adjudication by Department of Homeland Security of petitions
under blanket petition.
Sec. 209. Reports on employment-based nonimmigrants.
Sec. 210. Specialized knowledge.
Sec. 211. Technical amendments.
Sec. 212. Application.
TITLE I--H-1B VISA FRAUD AND ABUSE PROTECTIONS
Subtitle A--H-1B Employer Application Requirements
SEC. 101. MODIFICATION OF APPLICATION REQUIREMENTS.
(a) General Application Requirements.--Section 212(n)(1)(A)
of the Immigration and Nationality Act (8 U.S.C.
1182(n)(1)(A)) is amended to read as follows:
``(A) The employer--
``(i) is offering and will offer to H-1B nonimmigrants,
during the period of authorized employment for each H-1B
nonimmigrant, wages that are determined based on the best
information available at the time the application is filed
and which are not less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median wage for all workers in the occupational
classification in the area of employment; and
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such H-1B
nonimmigrant that will not adversely affect the working
conditions of United States workers similarly employed by the
employer or by an employer with which such H-1B nonimmigrant
is placed pursuant to a waiver under paragraph (2)(E).''.
(b) Internet Posting Requirement.--Section 212(n)(1)(C) of
such Act is amended--
(1) by redesignating clause (ii) as subclause (II);
(2) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(3) by inserting before clause (ii), as redesignated by
paragraph (2), the following:
``(i) has posted on the Internet website described in
paragraph (3), for at least 30 calendar days, a detailed
description of each position for which a nonimmigrant is
sought that includes a description of--
``(I) the wages and other terms and conditions of
employment;
``(II) the minimum education, training, experience, and
other requirements for the position; and
``(III) the process for applying for the position; and''.
(c) Wage Determination Information.--Section 212(n)(1)(D)
of such Act is amended by inserting ``the wage determination
methodology used under subparagraph (A)(i),'' after ``shall
contain''.
(d) Application of Requirements to All Employers.--
(1) Nondisplacement.--Section 212(n)(1)(E) of such Act is
amended to read as follows:
``(E)(i) The employer--
``(I) will not at any time replace a United States worker
with 1 or more H-1B nonimmigrants; and
``(II) 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 the placement of the nonimmigrant with the employer.
``(ii) The 180-day period referred to in clause (i) may not
include any period of on-site or virtual training of H-1B
nonimmigrants by employees of the employer.''.
(2) Recruitment.--Section 212(n)(1)(G)(i) of such Act is
amended by striking ``In the case of an application described
in subparagraph (E)(ii), subject'' and inserting ``Subject''.
(e) Waiver Requirement.--Section 212(n)(1)(F) of such Act
is amended to read as follows:
``(F) The employer will not place, outsource, lease, or
otherwise contract for the services or placement of H-1B
nonimmigrants with another employer, regardless of the
physical location where such services will be performed,
unless the employer of the alien has been granted a waiver
under paragraph (2)(E).''.
SEC. 102. NEW APPLICATION REQUIREMENTS.
Section 212(n)(1) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(1)), as amended by section 101, is further
amended by inserting after subparagraph (G)(ii) the
following:
``(H)(i) The employer, or a person or entity acting on the
employer's behalf, has not advertised any available position
specified in the application in an advertisement that states
or indicates that--
``(I) such position is only available to an individual who
is or will be an H-1B nonimmigrant; or
``(II) an individual who is or will be an H-1B nonimmigrant
shall receive priority or a preference in the hiring process
for such position.
``(ii) The employer has not primarily recruited individuals
who are or who will be H-1B nonimmigrants to fill such
position.
``(I) If the employer employs 50 or more employees in the
United States--
``(i) the sum of the number of such employees who are H-1B
nonimmigrants plus the number of such employees who are
nonimmigrants described in section 101(a)(15)(L) does not
exceed 50 percent of the total number of employees; and
``(ii) the employer's corporate organization has not been
restructured to evade the limitation under clause (i).
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer will submit to the Secretary the
Internal Revenue Service Form W-2 Wage and
[[Page S878]]
Tax Statements filed by the employer with respect to the H-1B
nonimmigrants for such period.''.
SEC. 103. APPLICATION REVIEW REQUIREMENTS.
(a) Technical Amendment.--Section 212(n)(1) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as
amended by sections 101 and 102, is further amended, in the
undesignated paragraph at the end, by striking ``The
employer'' and inserting the following:
``(K) The employer.''.
(b) Application Review Requirements.--Section 212(n)(1)(K),
as designated by subsection (a), is amended--
(1) in the fourth sentence, by inserting ``and through the
Department of Labor's website, without charge.'' after
``D.C.'';
(2) in the fifth sentence, by striking ``only for
completeness'' and inserting ``for completeness, indicators
of fraud or misrepresentation of material fact,'';
(3) in the sixth sentence--
(A) by striking ``or obviously inaccurate'' and inserting
``, presents indicators of fraud or misrepresentation of
material fact, or is obviously inaccurate''; and
(B) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(4) by adding at the end the following: ``If the Secretary
of Labor's review of an application identifies indicators of
fraud or misrepresentation of material fact, the Secretary
may conduct an investigation and hearing in accordance with
paragraph (2).''.
SEC. 104. H-1B VISA ALLOCATION.
Section 214(g)(3) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(3)), is amended--
(1) by striking the first sentence and inserting the
following:
``(A) Subject to subparagraph (B), aliens who are subject
to the numerical limitations under paragraph (1)(A) shall be
issued visas, or otherwise provided nonimmigrant status, in a
manner and order established by the Secretary by
regulation.''; and
(2) by adding at the end the following:
``(B) The Secretary shall consider petitions for
nonimmigrant status under section 101(a)(15)(H)(i)(b) in the
following order:
``(i) Petitions for nonimmigrants described in section
101(a)(15)(F) who, while physically present in the United
States, have earned an advanced degree in a field of science,
technology, engineering, or mathematics from a United States
institution of higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that
has been accredited by an accrediting entity that is
recognized by the Department of Education.
``(ii) Petitions certifying that the employer will be
paying the nonimmigrant the median wage for skill level 4 in
the occupational classification found in the most recent
Occupational Employment Statistics survey.
``(iii) Petitions for nonimmigrants described in section
101(a)(15)(F) who are graduates of any other advanced degree
program, undertaken while physically present in the United
States, from an institution of higher education described in
clause (i).
``(iv) Petitions certifying that the employer will be
paying the nonimmigrant the median wage for skill level 3 in
the occupational classification found in the most recent
Occupational Employment Statistics survey.
``(v) Petitions for nonimmigrants described in section
101(a)(15)(F) who are graduates of a bachelor's degree
program, undertaken while physically present in the United
States, in a field of science, technology, engineering, or
mathematics from an institution of higher education described
in clause (i).
``(vi) Petitions for nonimmigrants described in section
101(a)(15)(F) who are graduates of bachelor's degree
programs, undertaken while physically present in the United
States, in any other fields from an institution of higher
education described in clause (i).
``(vii) Petitions for aliens who will be working in
occupations listed in Group I of the Department of Labor's
Schedule A of occupations in which the Secretary of Labor has
determined there are not sufficient United States workers who
are able, willing, qualified, and available.
``(viii) Petitions filed by employers meeting the following
criteria of good corporate citizenship and compliance with
the immigration laws:
``(I) The employer is in possession of--
``(aa) a valid E-Verify company identification number; or
``(bb) if the enterprise is using a designated agent to
perform E-Verify queries, a valid E-Verify client company
identification number and documentation from U.S. Citizenship
and Immigration Services that the commercial enterprise is a
participant in good standing in the E-Verify program.
``(II) The employer is not under investigation by any
Federal agency for violation of the immigration laws or labor
laws.
``(III) A Federal agency has not determined, during the
immediately preceding 5 years, that the employer violated the
immigration laws or labor laws.
``(IV) During each of the preceding 3 fiscal years, at
least 90 percent of the petitions filed by the employer under
section 101(a)(15)(H)(i)(b) were approved.
``(V) The employer has filed, pursuant to section
204(a)(1)(F), employment-based immigrant petitions, including
an approved labor certification application under section
212(a)(5)(A), for at least 90 percent of employees imported
under section 101(a)(15)(H)(i)(b) during the preceding 3
fiscal years.
``(ix) Any remaining petitions.
``(C) In this paragraph the term `field of science,
technology, engineering, or mathematics' means a field
included in the Department of Education's Classification of
Instructional Programs taxonomy within the summary groups of
computer and information sciences and support services,
engineering, biological and biomedical sciences, mathematics
and statistics, and physical sciences.''.
SEC. 105. H-1B WORKERS EMPLOYED BY INSTITUTIONS OF HIGHER
EDUCATION.
Section 214(g)(5) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(5)) is amended by striking ``is employed (or
has received an offer of employment) at'' each place such
phrase appears and inserting ``is employed by (or has
received an offer of employment from)''.
SEC. 106. SPECIALTY OCCUPATION TO REQUIRE AN ACTUAL DEGREE.
Section 214(i) of the Immigration and Nationality Act (8
U.S.C. 1184(i)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) attainment of a bachelor's or higher degree in the
specific specialty directly related to the occupation as a
minimum for entry into the occupation in the United
States.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) For purposes of section 101(a)(15)(H)(i)(b), the
requirements under this paragraph, with respect to a
specialty occupation, are--
``(A) full State licensure to practice in the occupation,
if such licensure is required to practice in the occupation;
or
``(B) if a license is not required to practice in the
occupation--
``(i) completion of a United States degree described in
paragraph (1)(B) for the occupation; or
``(ii) completion of a foreign degree that is equivalent to
a United States degree described in paragraph (1)(B) for the
occupation.''.
SEC. 107. LABOR CONDITION APPLICATION FEE.
Section 212(n) of the Immigration and Nationality Act (8
U.S.C. 1182(n)), as amended by sections 101 through 103, is
further amended by adding at the end the following:
``(6)(A) The Secretary of Labor shall promulgate a
regulation that requires applicants under this subsection to
pay a reasonable application processing fee.
``(B) All of the fees collected under this paragraph shall
be deposited as offsetting receipts within the general fund
of the Treasury in a separate account, which shall be known
as the `H-1B Administration, Oversight, Investigation, and
Enforcement Account' and shall remain available until
expended. The Secretary of the Treasury shall refund amounts
in such account to the Secretary of Labor for salaries and
related expenses associated with the administration,
oversight, investigation, and enforcement of the H-1B
nonimmigrant visa program.''.
SEC. 108. H-1B SUBPOENA AUTHORITY FOR THE DEPARTMENT OF
LABOR.
Section 212(n)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)) is amended--
(1) by redesignating subparagraph (I) as subparagraph (J);
and
(2) by inserting after subparagraph (H) the following:
``(I) The Secretary of Labor is authorized to take such
actions, including issuing subpoenas and seeking appropriate
injunctive relief and specific performance of contractual
obligations, as may be necessary to ensure employer
compliance with the terms and conditions under this
subsection. The rights and remedies provided to H-1B
nonimmigrants under this subsection are in addition to any
other contractual or statutory rights and remedies of such
nonimmigrants and are not intended to alter or affect such
rights and remedies.''.
SEC. 109. LIMITATION ON EXTENSION OF H-1B PETITION.
Section 214(g)(4) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(4)) is amended to read as follows:
``(4)(A) Except as provided in subparagraph (B), the period
of authorized admission as a nonimmigrant described in
section 101(a)(15)(H)(i)(b) may not exceed 3 years.
``(B) The period of authorized admission as a nonimmigrant
described in subparagraph (A) who is the beneficiary of an
approved employment-based immigrant petition under section
204(a)(1)(F) may be authorized for a period of up to 3
additional years if the total period of stay does not exceed
six years, except for an extension under section 104(c) or
106(b) of the American Competitiveness in the Twenty-first
Century Act of 2000 (8 U.S.C. 1184 note).''.
SEC. 110. ELIMINATION OF B-1 VISAS IN LIEU OF H-1 VISAS.
Section 214(g) of the Immigration and Nationality Act (8
U.S.C. 1184(g)) is amended by adding at the end the
following:
``(12) Unless otherwise authorized by law, an alien
normally classifiable under section 101(a)(15)(H)(i) who
seeks admission to the United States to provide services in a
specialty occupation described in paragraph (1) or (3) of
subsection (i) may not be issued a visa or admitted under
section 101(a)(15)(B) for such purpose. Nothing in this
paragraph may be construed to authorize the admission of an
alien under section 101(a)(15)(B) who is coming to the United
States for the purpose
[[Page S879]]
of performing skilled or unskilled labor if such admission is
not otherwise authorized by law.''.
Subtitle B--Investigation and Disposition of Complaints Against H-1B
Employers
SEC. 111. GENERAL MODIFICATION OF PROCEDURES FOR
INVESTIGATION AND DISPOSITION.
Section 212(n)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(A)) is amended--
(1) by striking ``(A) Subject'' and inserting the
following:
``(A)(i) Subject'';
(2) by striking ``12 months'' and inserting ``two years'';
(3) by striking the last sentence; and
(4) by adding at the end the following:
``(ii)(I) Upon the receipt of a complaint under clause (i),
the Secretary may initiate an investigation to determine if
such failure or misrepresentation has occurred.
``(II) In conducting an investigation under subclause (I),
the Secretary may--
``(aa) conduct surveys of the degree to which employers
comply with the requirements under this subsection; and
``(bb) conduct compliance audits of employers that employ
H-1B nonimmigrants.
``(III) The Secretary shall--
``(aa) conduct annual compliance audits of not fewer than 1
percent of the employers that employ H-1B nonimmigrants
during the applicable calendar year;
``(bb) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are H-1B
nonimmigrants; and
``(cc) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.
``(iii) The process for receiving complaints under clause
(i) shall include a hotline that is accessible 24 hours a
day, by telephonic and electronic means.''.
SEC. 112. INVESTIGATION, WORKING CONDITIONS, AND PENALTIES.
Section 212(n)(2)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(C)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking ``a
condition of paragraph (1)(B), (1)(E), or (1)(F), a
substantial failure to meet a condition of paragraph (1)(C),
(1)(D), or (1)(G)(i)(I)'' and inserting ``a condition under
subparagraph (A), (B), (C), (D), (E), (F), (G)(i), (H), (I),
or (J) of paragraph (1)'';
(B) in subclause (I)--
(i) by striking ``$1,000'' and inserting ``$5,000''; and
(ii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost
wages and benefits.'';
(2) in clause (ii)--
(A) in subclause (I)--
(i) by striking ``may'' and inserting ``shall''; and
(ii) by striking ``$5,000'' and inserting ``$25,000'';
(B) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost
wages and benefits.'';
(3) in clause (iii)--
(A) in the matter preceding subclause (I), by striking
``displaced a United States worker employed by the employer
within the period beginning 90 days before and ending 90 days
after the date of filing of any visa petition supported by
the application'' and inserting ``displaced or replaced a
United States worker in violation of subparagraph (E)'';
(B) in subclause (I)--
(i) by striking ``may'' and inserting ``shall'';
(ii) by striking ``$35,000'' and inserting ``$150,000'';
and
(iii) by striking ``and'' at the end;
(C) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(III) an employer that violates paragraph (1)(A) shall be
liable to the employees harmed by such violation for lost
wages and benefits.'';
(4) by striking clause (iv) and inserting the following:
``(iv)(I) An employer that has filed an application under
this subsection violates this clause by taking, failing to
take, or threatening to take or fail to take a personnel
action, or intimidating, threatening, restraining, coercing,
blacklisting, discharging, or discriminating in any other
manner against an employee because the employee--
``(aa) disclosed information that the employee reasonably
believes evidences a violation of this subsection or any rule
or regulation pertaining to this subsection; or
``(bb) cooperated or sought to cooperate with the
requirements under this subsection or any rule or regulation
pertaining to this subsection.
``(II) In this subparagraph, the term `employee' includes--
``(aa) a current employee;
``(bb) a former employee; and
``(cc) an applicant for employment.
``(III) An employer that violates this clause shall be
liable to the employee harmed by such violation for lost
wages and benefits.''; and
(5) in clause (vi)--
(A) by amending subclause (I) to read as follows:
``(I) It is a violation of this clause for an employer that
has filed an application under this subsection--
``(aa) to require an H-1B nonimmigrant to pay a penalty or
liquidated damages for ceasing employment with the employer
before a date agreed to by the nonimmigrant and the employer;
or
``(bb) to fail to offer to an H-1B nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(AA) the opportunity to participate in health, life,
disability, and other insurance plans;
``(BB) the opportunity to participate in retirement and
savings plans; and
``(CC) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).''; and
(B) in subclause (III), by striking ``$1,000'' and
inserting ``$5,000''.
SEC. 113. WAIVER REQUIREMENTS.
(a) In General.--Section 212(n)(2)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)(2)(E)) is amended to
read as follows:
``(E)(i) The Secretary of Labor may waive the prohibition
under paragraph (1)(F) if the Secretary determines that the
employer seeking such waiver has established that--
``(I) the employer with which the H-1B nonimmigrant would
be placed--
``(aa) does not intend to replace a United States worker
with 1 or more H-1B nonimmigrants; and
``(bb) has not displaced, and does not intend to displace,
a United States worker employed by the employer within the
period beginning 180 days before the date of the placement of
the nonimmigrant with the employer and ending 180 days after
such date (not including any period of on-site or virtual
training of H-1B nonimmigrants by employees of the employer);
``(II) the H-1B nonimmigrant will be principally controlled
and supervised by the petitioning employer; and
``(III) the placement of the H-1B nonimmigrant is not
essentially an arrangement to provide labor for hire for the
employer with which the H-1B nonimmigrant will be placed.
``(ii) The Secretary shall grant or deny a waiver under
this subparagraph not later than seven days after the date on
which the Secretary receives an application for such
waiver.''.
(b) Rulemaking.--
(1) Rules for waivers.--The Secretary of Labor, after
notice and a period for comment, shall promulgate a final
rule for an employer to apply for a waiver under section
212(n)(2)(E) of the Immigration and Nationality Act, as
amended by subsection (a).
(2) Requirement for publication.--The Secretary of Labor
shall submit to Congress, and publish in the Federal Register
and in other appropriate media, a notice of the date on which
the rules required under paragraph (1) are promulgated.
SEC. 114. INITIATION OF INVESTIGATIONS.
Section 212(n)(2)(G) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(G)) is amended--
(1) in clause (i), by striking ``if the Secretary of
Labor'' and all that follows and inserting ``with regard to
the employer's compliance with the requirements under this
subsection.'';
(2) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary may conduct an investigation into
the employer's compliance with the requirements under this
subsection.'';
(3) in clause (iii), by striking the last sentence;
(4) by striking clauses (iv) and (v);
(5) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(6) 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 2 years'';
(7) by amending clause (v), as redesignated, to read as
follows:
``(v)(I) Except as provided in subclause (II), the
Secretary of Labor shall provide notice to an employer of the
intent to conduct an investigation under this subparagraph.
Such 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.
``(II) The Secretary of Labor is not required to comply
with subclause (I) 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 under this subsection.
``(III) A determination by the Secretary of Labor under
this clause shall not be subject to judicial review.'';
(8) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting
[[Page S880]]
``If the Secretary of Labor, after an investigation under
clause (i) or (ii), determines that a reasonable basis exists
to make a finding that the employer has failed to comply with
the requirements under this subsection, the Secretary, not
later than 120 days after the date of such determination,
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.''; and
(9) 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 shall
impose a penalty in accordance with subparagraph (C).''.
SEC. 115. INFORMATION SHARING.
Section 212(n)(2)(H) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(H)) is amended to read as follows:
``(H) The Director of U.S. Citizenship and Immigration
Services shall provide the Secretary of Labor with any
information contained in the materials submitted by employers
of H-1B nonimmigrants as part of the petition adjudication
process that indicates that the employer is not complying
with visa program requirements for H-1B nonimmigrants. The
Secretary may initiate and conduct an investigation and
hearing under this paragraph after receiving information of
noncompliance under this subparagraph.''.
SEC. 116. CONFORMING AMENDMENT.
Section 212(n)(2)(F) of the Immigration and Nationality Act
(8 U.S.C. 1182(n)(2)(F)) is amended by striking ``The
preceding sentence shall apply to an employer regardless of
whether or not the employer is an H-1B-dependent employer.''.
Subtitle C--Other Protections
SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT
OF LABOR.
(a) Department of Labor Website.--Section 212(n)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is
amended to read as follows:
``(3)(A) Not later than 90 days after the date of the
enactment of the H-1B and L-1 Visa Reform Act of 2022, the
Secretary of Labor shall establish a searchable Internet
website for posting positions in accordance with paragraph
(1)(C) that is available to the public without charge.
``(B) The Secretary may work with private companies or
nonprofit organizations to develop and operate the Internet
website described in subparagraph (A).
``(C) The Secretary may promulgate rules, after notice and
a period for comment, to carry out this paragraph.''.
(b) Publication Requirement.--The Secretary of Labor shall
submit to Congress, and publish in the Federal Register and
in other appropriate media, a notice of the date on which the
internet website required under section 212(n)(3) of the
Immigration and Nationality Act, as amended by subsection
(a), will be operational.
(c) Application.--The amendment made by subsection (a)
shall apply to any application filed on or after the date
that is 30 days after the date described in subsection (b).
SEC. 122. TRANSPARENCY AND REPORT ON WAGE SYSTEM.
(a) Immigration Documents.--Section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) is amended by adding at
the end the following:
``(m) Employer To Provide Immigration Paperwork Exchanged
With Federal Agencies.--
``(1) In general.--Not later than 21 business days after
receiving a written request from a former, current, or
prospective employee of an employer who is the beneficiary of
an employment-based nonimmigrant petition filed by the
employer, such employer shall provide such employee or
beneficiary with the original (or a certified copy of the
original) of all petitions, notices, and other written
communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency or department that is related to an
immigrant or nonimmigrant petition filed by the employer for
such employee or beneficiary.
``(2) Withholding of financial or proprietary
information.--If a document required to be provided to an
employee or prospective employee under paragraph (1) includes
any sensitive financial or proprietary information of the
employer, the employer may redact such information from the
copies provided to such person.''.
(b) GAO Report on Job Classification and Wage
Determinations.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall prepare a report that--
(1) analyzes the accuracy and effectiveness of the
Secretary of Labor's current job classification and wage
determination system;
(2) specifically addresses whether the systems in place
accurately reflect the complexity of current job types and
geographic wage differences; and
(3) makes recommendations concerning necessary updates and
modifications.
SEC. 123. REQUIREMENTS FOR INFORMATION FOR H-1B AND L-1
NONIMMIGRANTS.
Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s) Requirements for Information for H-1B and L-1
Nonimmigrants.--
``(1) In general.--Upon issuing a visa to an applicant, who
is outside the United States, for nonimmigrant status
pursuant to subparagraph (H)(i)(b) or (L) of section
101(a)(15), the issuing office shall provide the applicant
with--
``(A) a brochure outlining the obligations of the
applicant's employer and the rights of the applicant with
regard to employment under Federal law, including labor and
wage protections;
``(B) the contact information for appropriate Federal
agencies or departments that offer additional information or
assistance in clarifying such obligations and rights; and
``(C) a copy of the petition submitted for the nonimmigrant
under section 212(n) or the petition submitted for the
nonimmigrant under subsection (c)(2)(A), as appropriate.
``(2) Applicants inside the united states.--Upon the
approval of an initial petition filed for an alien who is in
the United States and seeking status under subparagraph
(H)(i)(b) or (L) of section 101(a)(15), the Secretary of
Homeland Security shall provide the applicant with the
material described in subparagraphs (A), (B), and (C) of
paragraph (1).''.
SEC. 124. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.
(a) In General.--The Secretary of Labor is authorized to
hire up to 200 additional employees to administer, oversee,
investigate, and enforce programs involving nonimmigrant
employees described in section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
(b) Source of Funds.--The cost of hiring the additional
employees authorized to be hired under subsection (a) shall
be recovered with funds from the H-1B Administration,
Oversight, Investigation, and Enforcement Account established
under section 212(n)(6) of the Immigration and Nationality
Act, as added by section 107.
SEC. 125. TECHNICAL CORRECTION.
Section 212 of the Immigration and Nationality Act (8
U.S.C. 1182) is amended by redesignating the second
subsection (t), as added by section 1(b)(2)(B) of the Act
entitled ``An Act to amend and extend the Irish Peace Process
Cultural and Training Program Act of 1998'' (Public Law 108-
449; 118 Stat. 3470), as subsection (u).
SEC. 126. APPLICATION.
Except as specifically otherwise provided, the amendments
made by this title shall apply to petitions and applications
filed on or after the date of the enactment of this Act.
TITLE II--L-1 VISA FRAUD AND ABUSE PROTECTIONS
SEC. 201. PROHIBITION ON REPLACEMENT OF UNITED STATES WORKERS
AND RESTRICTING OUTPLACEMENT OF L-1
NONIMMIGRANTS.
(a) Restriction on Outplacement of L-1 Workers.--Section
214(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)(F)) is amended to read as follows:
``(F)(i) Unless an employer receives a waiver under clause
(ii), an employer may not employ an alien, for a cumulative
period exceeding 1 year, who--
``(I) will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L); and
``(II) will be stationed primarily at the worksite of an
employer other than the petitioning employer or its
affiliate, subsidiary, or parent, including pursuant to an
outsourcing, leasing, or other contracting agreement.
``(ii) The Secretary of Labor may grant a waiver of the
requirements under clause (i) if the Secretary determines
that the employer requesting such waiver has established
that--
``(I) the employer with which the alien referred to in
clause (i) would be placed--
``(aa) will not at any time replace a United States worker
with 1 or more nonimmigrants described in section
101(a)(15)(L); and
``(bb) has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before the date of the placement of
such alien with the employer and ending 180 days after such
date (not including any period of on-site or virtual training
of nonimmigrants described in section 101(a)(15)(L) by
employees of the employer);
``(II) such alien will be principally controlled and
supervised by the petitioning employer; and
``(III) the placement of the nonimmigrant is not
essentially an arrangement to provide labor for hire for an
unaffiliated employer with which the nonimmigrant will be
placed, rather than a placement in connection with the
provision of a product or service for which specialized
knowledge specific to the petitioning employer is necessary.
``(iii) The Secretary shall grant or deny a waiver under
clause (ii) not later than seven days after the date on which
the Secretary receives the application for the waiver.''.
(b) Prohibition on Replacement of United States 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:
``(G)(i) An employer importing an alien as a nonimmigrant
under section 101(a)(15)(L)--
``(I) may not at any time replace a United States worker
(as defined in section 212(n)(4)(E)) with 1 or more such
nonimmigrants; and
``(II) may not displace a United States worker (as defined
in section 212(n)(4)(E)) employed by the employer during the
period
[[Page S881]]
beginning 180 days before and ending 180 days after the date
of the placement of such a nonimmigrant with the employer.
``(ii) The 180-day period referenced in clause (i)(II) may
not include any period of on-site or virtual training of
nonimmigrants described in clause (i) by employees of the
employer.''.
(c) Rulemaking.--The Secretary of Homeland Security, after
notice and a period for comment, shall promulgate rules for
an employer to apply for a waiver under section
214(c)(2)(F)(ii), as added by subsection (a).
SEC. 202. L-1 EMPLOYER PETITION REQUIREMENTS FOR EMPLOYMENT
AT NEW OFFICES.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)), as amended by section 201, is further
amended by adding at the end the following:
``(H)(i) If the beneficiary of a petition under this
paragraph is coming to the United States to open, or to be
employed in, a new office, the petition may be approved for
up to 12 months only if--
``(I) the alien has not been the beneficiary of 2 or more
petitions under this subparagraph during the immediately
preceding 2 years; and
``(II) the employer operating the new office has--
``(aa) an adequate business plan;
``(bb) sufficient physical premises to carry out the
proposed business activities; and
``(cc) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary of the petition is
eligible for nonimmigrant status under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, for the entire
period beginning on the date on which the petition was
approved under clause (i), has been doing business at the new
office through regular, systematic, and continuous provision
of goods and 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 granted 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;
``(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 paragraph shall do business only
through regular, systematic, and continuous provision of
goods and services for the entire period for which the
petition is sought.
``(iv) Notwithstanding clause (ii), and subject to the
maximum period of authorized admission set forth in
subparagraph (D), the Secretary of Homeland Security, in the
Secretary's discretion, may approve a subsequently filed
petition on behalf of the beneficiary to continue employment
at the office described in this subparagraph 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 and
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.''.
SEC. 203. COOPERATION WITH SECRETARY OF STATE.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)), as amended by sections 201 and 202, is
further amended by adding at the end the following:
``(I) The Secretary of Homeland Security shall work
cooperatively with the Secretary of State to verify the
existence or continued existence of a company or office in
the United States or in a foreign country for purposes of
approving petitions under this paragraph.''.
SEC. 204. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST
L-1 EMPLOYERS.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)), as amended by sections 201 through 203,
is further amended by adding at the end the following:
``(J)(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 under this
subsection.
``(ii) If the Secretary 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 shall establish a procedure for any
person desiring to provide to the Secretary 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 and
completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary 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 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, after an investigation under
clause (i) or (ii), determines that a reasonable basis exists
to make a finding that the employer has failed to comply with
the requirements under this subsection, the Secretary shall
provide the 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, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary shall
impose a penalty under subparagraph (K).
``(viii)(I) The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
section.
``(II) The Secretary shall--
``(aa) 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 fiscal year;
``(bb) conduct annual compliance audits of each employer
with more than 100 employees who work in the United States if
more than 15 percent of such employees are nonimmigrants
described in section 101(a)(15)(L); and
``(cc) make available to the public an executive summary or
report describing the general findings of the audits carried
out pursuant to this subclause.
``(ix) The Secretary is authorized to take other such
actions, including issuing subpoenas and seeking appropriate
injunctive relief and specific performance of contractual
obligations, as may be necessary to assure employer
compliance with the terms and conditions under this
paragraph. The rights and remedies provided to nonimmigrants
described in section 101(a)(15)(L) under this paragraph are
in addition to, and not in lieu of, any other contractual or
statutory rights and remedies of such nonimmigrants, and are
not intended to alter or affect such rights and remedies.''.
SEC. 205. WAGE RATE AND WORKING CONDITIONS FOR L-1
NONIMMIGRANTS.
(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)), as amended by sections
201 through 204, is further amended by adding at the end the
following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) for a cumulative period of time in
excess of 1 year shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median wage for all workers in the occupational
classification in the area of employment; and
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed by the employer or by an employer
with which such nonimmigrant is placed pursuant to a waiver
under subparagraph (F)(ii).
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more such
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and
[[Page S882]]
Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L)--
``(I) to require such a nonimmigrant to pay a penalty or
liquidated damages for ceasing employment with the employer
before a date mutually agreed to by the nonimmigrant and the
employer; or
``(II) to fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--
``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).''.
(b) Rulemaking.--The Secretary of Homeland Security, after
notice and a period of comment and taking into consideration
any special circumstances relating to intracompany transfers,
shall promulgate rules to implement the requirements under
section 214(c)(2)(K) of the Immigration and Nationality Act,
as added by subsection (a).
SEC. 206. PENALTIES.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)), as amended by sections 201 through 205,
is further amended by adding at the end the following:
``(L)(i) If the Secretary of Homeland Security determines,
after notice and an opportunity for a hearing, that an
employer failed to meet a condition under subparagraph (F),
(G), (K), or (M), or misrepresented a material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $5,000 per violation) as the Secretary determines
to be appropriate;
``(II) the Secretary 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; and
``(III) in the case of a violation of subparagraph (K) or
(M), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.
``(ii) If the Secretary finds, after notice and an
opportunity for a hearing, a willful failure by an employer
to meet a condition under subparagraph (F), (G), (K), or (M)
or a willful 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 shall impose such administrative
remedies (including civil monetary penalties in an amount not
to exceed $25,000 per violation) as the Secretary determines
to be appropriate;
``(II) the Secretary 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; and
``(III) in the case of a violation of subparagraph (K) or
(M), the employer shall be liable to the employees harmed by
such violation for lost wages and benefits.''.
SEC. 207. PROHIBITION ON RETALIATION AGAINST L-1
NONIMMIGRANTS.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)), as amended by sections 201 through 206,
is further amended by adding at the end the following:
``(M)(i) An employer that has filed a petition to import 1
or more aliens as nonimmigrants described in section
101(a)(15)(L) violates this subparagraph by taking, failing
to take, or threatening to take or fail to take, a personnel
action, or intimidating, threatening, restraining, coercing,
blacklisting, discharging, or discriminating 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 under this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) In this subparagraph, the term `employee' includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.
SEC. 208. ADJUDICATION BY DEPARTMENT OF HOMELAND SECURITY OF
PETITIONS UNDER BLANKET PETITION.
(a) In General.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended to
read as follows:
``(A) The Secretary of Homeland Security shall establish a
procedure under which an importing employer that meets the
requirements established by the Secretary may file a blanket
petition to authorize aliens to enter the United States as
nonimmigrants described in section 101(a)(15)(L) instead of
filing individual petitions under paragraph (1) on behalf of
such aliens. Such procedure shall permit--
``(i) the expedited processing by the Secretary of State of
visas for admission of aliens covered under such blanket
petitions; and
``(ii) the expedited adjudication by the Secretary of
Homeland Security of individual petitions covered under such
blanket petitions.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to petitions filed on or after the date of the
enactment of this Act.
SEC. 209. REPORTS ON EMPLOYMENT-BASED NONIMMIGRANTS.
(a) In General.--Section 214(c)(8) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(8)) is amended to read as
follows--
``(8) The Secretary of Homeland Security or Secretary of
State, as appropriate, 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 describes,
with respect to petitions under subsection (e) and each
subcategory of subparagraphs (H), (L), (O), (P), and (Q) of
section 101(a)(15)--
``(A) the number of such petitions (or applications for
admission, in the case of applications by Canadian nationals
seeking admission under subsection (e) or section
101(a)(15)(L)) which have been filed;
``(B) the number of such petitions which have been approved
and the number of workers (by occupation) included in such
approved petitions;
``(C) the number of such petitions which have been denied
and the number of workers (by occupation) requested in such
denied petitions;
``(D) the number of such petitions which have been
withdrawn;
``(E) the number of such petitions which are awaiting final
action;
``(F) the number of aliens in the United States under each
subcategory under section 101(a)(15)(H); and
``(G) the number of aliens in the United States under each
subcategory under section 101(a)(15)(L).''.
(b) Nonimmigrant Characteristics Report.--Section 416(c) of
the American Competitiveness and Workforce Improvement Act of
1998 (8 U.S.C. 1184 note) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Annual h-1b nonimmigrant characteristics report.--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 contains--
``(A) for the previous fiscal year--
``(i) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b));
``(ii) a list of all employers who petitioned for H-1B
workers, the number of such petitions filed and approved for
each such employer, the occupational classifications for the
approved positions, and the number of H-1B nonimmigrants for
whom each such employer filed an employment-based immigrant
petition pursuant to section 204(a)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
``(iii) the number of employment-based immigrant petitions
filed pursuant to such section 204(a)(1)(F) on behalf of H-1B
nonimmigrants;
``(B) a list of all employers for whom more than 15 percent
of their United States workforce is H-1B or L-1
nonimmigrants;
``(C) a list of all employers for whom more than 50 percent
of their United States workforce is H-1B or L-1
nonimmigrants;
``(D) a gender breakdown by occupation and by country of
origin of H-1B nonimmigrants;
``(E) a list of all employers who have been granted a
waiver under section 214(n)(2)(E) of the Immigration and
Nationality Act (8 U.S.C. 1184(n)(2)(E)); and
``(F) the number of H-1B nonimmigrants categorized by their
highest level of education and whether such education was
obtained in the United States or in a foreign country.'';
(2) by redesignating paragraph (3) as paragraph (5);
(3) by inserting after paragraph (2) the following:
``(3) Annual l-1 nonimmigrant characteristics report.--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 contains--
``(A) for the previous fiscal year--
``(i) information on the countries of origin of,
occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or
provided nonimmigrant status under section 101(a)(15)(L) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L));
``(ii) a list of all employers who petitioned for L-1
workers, the number of such petitions filed and approved for
each such employer, the occupational classifications for the
approved positions, and the number of L-1 nonimmigrants for
whom each such employer filed an employment-based immigrant
petition pursuant to section 204(a)(1)(F) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(F)); and
``(iii) the number of employment-based immigrant petitions
filed pursuant to such section 204(a)(1)(F) on behalf of L-1
nonimmigrants;
[[Page S883]]
``(B) a gender breakdown by occupation and by country of L-
1 nonimmigrants;
``(C) a list of all employers who have been granted a
waiver under section 214(c)(2)(F)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(F)(ii));
``(D) the number of L-1 nonimmigrants categorized by their
highest level of education and whether such education was
obtained in the United States or in a foreign country;
``(E) the number of applications that have been filed for
each subcategory of nonimmigrant described under section
101(a)(15)(L) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(L)), based on an approved blanket petition
under section 214(c)(2)(A) of such Act; and
``(F) the number of applications that have been approved
for each subcategory of nonimmigrant described under such
section 101(a)(15)(L), based on an approved blanket petition
under such section 214(c)(2)(A).
``(4) Annual h-1b employer survey.--The Secretary of Labor
shall--
``(A) conduct an annual survey of employers hiring foreign
nationals under the H-1B visa program; and
``(B) issue an annual report that--
``(i) describes the methods employers are using to meet the
requirement under section 212(n)(1)(G)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(n)(1)(G)(i)) of taking
good faith steps to recruit United States workers for the
occupational classification for which the nonimmigrants are
sought, using procedures that meet industry-wide standards;
``(ii) describes the best practices for recruiting among
employers; and
``(iii) contains recommendations on which recruiting steps
employers can take to maximize the likelihood of hiring
American workers.''; and
(4) in paragraph (5), as redesignated, by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (3)''.
SEC. 210. SPECIALIZED KNOWLEDGE.
Section 214(c)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1184(c)(2)(B)) is amended to read as follows:
``(B)(i) For purposes of section 101(a)(15)(L), the term
`specialized knowledge'--
``(I) means knowledge possessed by an individual whose
advanced level of expertise and proprietary knowledge of the
employer's product, service, research, equipment, techniques,
management, or other interests of the employer are not
readily available in the United States labor market;
``(II) is clearly different from those held by others
employed in the same or similar occupations; and
``(III) does not apply to persons who have general
knowledge or expertise which enables them merely to produce a
product or provide a service.
``(ii)(I) The ownership of patented products or copyrighted
works by a petitioner under section 101(a)(15)(L) does not
establish that a particular employee has specialized
knowledge. In order to meet the definition under clause (i),
the beneficiary shall be a key person with knowledge that is
critical for performance of the job duties and is protected
from disclosure through patent, copyright, or company policy.
``(II) Different procedures are not proprietary knowledge
within this context unless the entire system and philosophy
behind the procedures are clearly different from those of
other firms, they are relatively complex, and they are
protected from disclosure to competition.''.
SEC. 211. TECHNICAL AMENDMENTS.
Section 214(c)(2) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(2)) is amended by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security''.
SEC. 212. APPLICATION.
Except as otherwise specifically provided, the amendments
made by this title shall apply to petitions and applications
filed on or after the date of the enactment of this Act.
______
By Mr. DURBIN (for himself, Mr. Leahy, Ms. Hirono, Ms. Cortez
Masto, Ms. Duckworth, and Mr. Padilla):
S. 3721. A bill to amend the Immigration and Nationality Act to end
the immigrant visa backlog, and for other purposes; to the Committee on
the Judiciary.
=========================== NOTE ===========================
On page S883, March 1, 2022, in the second column, the following
appears: By Mr. Durbin: S. 3721. A bill to amend the Immigration
and Nationality Act to end the immigrant visa backlog . . .
The online Record has been corrected to read: By Mr. Durbin (for
himself, Mr. Leahy, Ms. Hirono, Ms. Cortez Masto, Ms. Duckworth,
and Mr. Padilla): S. 3721. A bill to amend the Immigration and
Nationality Act to end the immigrant visa backlog . . .
========================= END NOTE =========================
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3721
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 ``Resolving Extended Limbo for
Immigrant Employees and Families Act'' or the ``RELIEF Act''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration
and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section
203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year,
in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to
natives of that state or area shall be allocated (to the
extent practicable and otherwise consistent with this section
and section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas
made available under the respective paragraph to the total
number of visas made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (e))'' and inserting
``subsection (d))'';
(2) by striking subsection (d); and
(3) by redesignating subsection (e) as subsection (d).
(d) Effective Date.--The amendments made by this section
shall take effect as if enacted on September 30, 2021, and
shall apply to fiscal years beginning with fiscal year 2022.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the
following rules shall apply:
(A) For fiscal year 2022, 15 percent of the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(B) For fiscal year 2023, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(C) For fiscal year 2024, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas reserved
under each of subparagraphs (A) through (C) of paragraph (1),
the number of such visas made available to natives of any
single foreign state or dependent area in the appropriate
fiscal year may not exceed 25 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of such visas.
(B) Unreserved visas.--With respect to the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) and not
reserved under paragraph (1), for each of fiscal years 2022,
2023, and 2024, not more than 85 percent shall be allotted to
immigrants who are natives of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2022, 2023, or 2024, the operation of
paragraphs (1) and (2) of this subsection would prevent the
total number of immigrant visas made available under
paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) from being issued, such visas may be issued during
the remainder of such fiscal year without regard to
paragraphs (1) and (2) of this subsection.
(4) Transition rule for currently approved beneficiaries.--
(A) In general.--Notwithstanding section 202 of the
Immigration and Nationality Act, as amended by this Act,
immigrant visas under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) shall be allocated such
that no alien described in subparagraph (B) receives a visa
later than the alien otherwise would have received said visa
had this Act not been enacted.
(B) Alien described.--An alien is described in this
subparagraph if the alien is the beneficiary of a petition
for an immigrant visa under section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)) that was approved
prior to the date of enactment of this Act.
(5) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state
to
[[Page S884]]
which an alien is chargeable for purposes of this subsection.
(6) Ensuring availability of immigrant visas.--For each of
fiscal years 2022 through 2026, notwithstanding sections 201
and 202 of the Immigration and Nationality Act (8 U.S.C.
1151, 1152), as amended by this Act, additional immigrant
visas under section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153) shall be made available and allocated--
(A) such that no alien who is a beneficiary of a petition
for an immigrant visa under such section 203 receives a visa
later than the alien otherwise would have received such visa
had this Act not been enacted; and
(B) to permit all visas to be distributed in accordance
with this section.
SEC. 3. ENDING IMMIGRANT VISA BACKLOG.
(a) In General.--In addition to any immigrant visa made
available under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), as amended by this Act, subject to paragraphs
(1) and (2), the Secretary of State shall make immigrant
visas available to--
(1) aliens who are beneficiaries of petitions filed under
subsection (b) of section 203 of such Act (8 U.S.C. 1153)
before the date of the enactment of this Act; and
(2) aliens who are beneficiaries of petitions filed under
subsection (a) of such section before the date of the
enactment of this Act.
(b) Allocation of Visas.--The visas made available under
this section shall be allocated as follows:
(1) Employment-sponsored immigrant visas.--In each of
fiscal years 2022 through 2026, the Secretary of State shall
allocate to aliens described in subsection (a)(1) a number of
immigrant visas equal to \1/5\ of the number of aliens
described in such subsection the visas of whom have not been
issued as of the date of the enactment of this Act.
(2) Family-sponsored immigrant visas.--In each of fiscal
years 2022 through 2026, the Secretary of State shall
allocate to aliens described in subsection (a)(2) a number of
immigrant visas equal to \1/5\ of the difference between--
(A) the number of aliens described in such subsection the
visas of whom have not been issued as of the date of the
enactment of this Act; and
(B) the number of aliens described in subsection (a)(1).
(c) Order of Issuance for Previously Filed Applications.--
The visas made available under this section shall be issued
in accordance with section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152), as amended by this Act, in
the order in which the petitions under section 203 of such
Act (8 U.S.C. 1153) were filed.
SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER.
(a) Reclassification of Spouses and Minor Children of
Lawful Permanent Residents as Immediate Relatives and
Exemption of Derivatives.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201(b) (8 U.S.C. 1151(b))--
(A) in paragraph (1), by adding at the end the following:
``(F) Aliens who derive status under section 203(d).''; and
(B) by amending paragraph (2) to read as follows:
``(2)(A) Immediate relatives.--Aliens who are immediate
relatives.
``(B) Definition of immediate relative.--In this paragraph,
the term `immediate relative' means--
``(i) a child, spouse, or parent of a citizen of the United
States, except that in the case of such a parent such citizen
shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully admitted for
permanent residence;
``(iii) a child or spouse of an alien described in clause
(i), who is accompanying or following to join the alien;
``(iv) a child or spouse of an alien described in clause
(ii), who is accompanying or following to join the alien;
``(v) an alien admitted under section 211(a) on the basis
of a prior issuance of a visa to the alien's accompanying
parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.
``(C) Treatment of spouse and children of deceased citizen
or lawful permanent resident.--If an alien who was the spouse
or child of a citizen of the United States or of an alien
lawfully admitted for permanent residence and was not legally
separated from the citizen or lawful permanent resident at
the time of the citizen's or lawful permanent resident's
death files a petition under section 204(a)(1)(B), the alien
spouse (and each child of the alien) shall remain, for
purposes of this paragraph, an immediate relative during the
period beginning on the date of the citizen's or permanent
resident's death and ending on the date on which the alien
spouse remarries.
``(D) Protection of victims of abuse.--An alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) shall remain, for purposes of this paragraph, an
immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States
citizenship on account of the abuse.''; and
(2) in section 203(a) (8 U.S.C. 1153(a))--
(A) in paragraph (1), by striking ``23,400'' and inserting
``111,334''; and
(B) by amending paragraph (2) to read as follows:
``(2) Unmarried sons and unmarried daughters of lawful
permanent residents.--Qualified immigrants who are the
unmarried sons or unmarried daughters (but are not the
children) of aliens lawfully admitted for permanent residence
shall be allocated visas in a number not to exceed 26,266,
plus--
``(A) the number of visas by which the worldwide level
exceeds 226,000; and
``(B) the number of visas not required for the class
specified in paragraph (1).''.
(b) Protecting Children From Aging Out.--Section 203(h) of
the Immigration and Nationality Act (8 U.S.C. 1153(h)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of subsection (d), a
determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of
section 101(b)(1) shall be made using the age of the alien on
the date on which the petition is filed with the Secretary of
Homeland Security under section 204.'';
(2) by amending paragraph (2) to read as follows:
``(2) Petitions described.--A petition described in this
paragraph is a petition filed under section 204 for
classification of--
``(A) the alien's parent under subsection (a), (b), or (c);
or
``(B) the alien as an immediate relative based on
classification as a child of--
``(i) a citizen of the United States; or
``(ii) a lawful permanent resident.'';
(3) in paragraph (3), by striking ``subsections (a)(2)(A)
and'' and inserting ``subsection''; and
(4) by adding at the end the following:
``(5) Treatment for nonimmigrant categories purposes.--An
alien dependent treated as a child for immigrant visa
purposes under this subsection shall be treated as a
dependent child for nonimmigrant categories.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 101(a)(15)(K)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(ii))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B))''.
(2) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2) and
(3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3), as so redesignated, by striking
``through (3)'' and inserting ``and (2)''.
(3) Per country level.--Section 202(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is
amended by striking ``section 201(b)(2)(A)(i)'' and inserting
``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B))''.
(4) Numerical limitation to any single foreign state.--
Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated--
(i) by striking the undesignated matter following clause
(ii);
(ii) by striking clause (ii);
(iii) in clause (i), by striking ``, or'' and inserting a
period; and
(iv) in the matter preceding clause (i), by striking
``section 203(a)(2)(B) may not exceed'' and all that follows
through ``23 percent'' in clause (i) and inserting ``section
203(a)(2) may not exceed 23 percent''.
(5) Procedures for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by striking ``section 201(b)(2)(A)(i)''
and inserting ``clause (i) or (ii) of section 201(b)(2)(B)'';
(bb) in clause (ii), by striking ``the second sentence of
section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2)(C)'';
(cc) by amending clause (iii) to read as follows:
``(iii)(I) An alien who is described in clause (ii) may
file a petition with the Secretary of Homeland Security under
this subparagraph for classification of the alien (and any
child of the alien) if the alien demonstrates to the
Secretary that--
``(aa) the marriage or the intent to marry the citizen of
the United States or lawful permanent resident was entered
into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in
this subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States or lawful permanent resident;
``(BB) who believed that he or she had married a citizen of
the United States or lawful permanent resident and with whom
a marriage ceremony was actually performed and
[[Page S885]]
who otherwise meets any applicable requirements under this
Act to establish the existence of and bona fides of a
marriage, but whose marriage is not legitimate solely because
of the bigamy of such citizen of the United States or lawful
permanent resident; or
``(CC) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past
2 years and whose spouse died within the past 2 years, whose
spouse renounced citizenship status or renounced or lost
status as a lawful permanent resident within the past 2 years
related to an incident of domestic violence, or who
demonstrates a connection between the legal termination of
the marriage within the past 2 years and battering or extreme
cruelty by a spouse who is a citizen of the United States or
a lawful permanent resident spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(B) or who would have been so
classified but for the bigamy of the citizen of the United
States or lawful permanent resident that the alien intended
to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.'';
(dd) by amending clause (iv) to read as follows:
``(iv) An alien who is the child of a citizen or lawful
permanent resident of the United States, or who was a child
of a United States citizen or lawful permanent resident
parent who within the past 2 years lost or renounced
citizenship status related to an incident of domestic
violence, and who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(B), and who resides, or has resided in the
past, with the citizen or lawful permanent resident parent
may file a petition with the Secretary of Homeland Security
under this subparagraph for classification of the alien (and
any child of the alien) under such section if the alien
demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen or lawful permanent
resident parent. For purposes of this clause, residence
includes any period of visitation.''; and
(ee) in clause (v)(I), in the matter preceding item (aa),
by inserting ``or lawful permanent resident'' after
``citizen'';
(ff) in clause (vi), by striking ``renunciation of
citizenship'' and all that follows through ``citizenship
status'' and inserting ``renunciation of citizenship or
lawful permanent resident status, death of the abuser,
divorce, or changes to the abuser's citizenship or lawful
permanent resident status''; and
(gg) in clause (vii), by striking ``section
201(b)(2)(A)(i)'' each place it appears and inserting
``section 201(b)(2)(B)'';
(II) by amending subparagraph (B) to read as follows:
``(B)(i)(I) Except as provided in subclause (II), any alien
lawfully admitted for permanent residence claiming that an
alien is entitled to a classification by reason of the
relationship described in section 203(a)(2) may file a
petition with the Attorney General for such classification.
``(II) Subclause (I) shall not apply in the case of an
alien lawfully admitted for permanent residence who has been
convicted of a specified offense against a minor (as defined
in subparagraph (A)(viii)(II)), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, determines that such person poses no risk to the
alien with respect to whom a petition described in subclause
(I) is filed.
``(ii) An alien who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent
resident status due to an incident of domestic violence, and
who is a person of good moral character, who is eligible for
classification under section 203(a)(2), and who resides, or
has resided in the past, with the alien's permanent resident
alien parent may file a petition with the Secretary of
Homeland Security under this subparagraph for classification
of the alien (and any child of the alien) under such section
if the alien demonstrates to the Secretary that the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent.
``(iii)(I) For purposes of a petition filed or approved
under clause (ii), the loss of lawful permanent resident
status by a parent after the filing of a petition under that
clause shall not adversely affect approval of the petition,
and for an approved petition, shall not affect the alien's
ability to adjust status under subsections (a) and (c) of
section 245 or obtain status as a lawful permanent resident
based on an approved self-petition under clause (ii).
``(II) Upon the lawful permanent resident parent becoming
or establishing the existence of United States citizenship
through naturalization, acquisition of citizenship, or other
means, any petition filed with the Secretary of Homeland
Security and pending or approved under clause (ii) on behalf
of an alien who has been battered or subjected to extreme
cruelty shall be deemed reclassified as a petition filed
under subparagraph (A) even if the acquisition of citizenship
occurs after the termination of parental rights.''; and
(III) in subparagraph (D)(i)(I), by striking ``paragraph
(1), (2), or (3)'' and inserting ``paragraph (1) or (3)'';
and
(ii) in paragraph (2)--
(I) by striking ``spousal second preference petition'' each
place it appears and inserting ``petition for the spouse of
an alien lawfully admitted for permanent residence''; and
(II) in the undesignated matter following subparagraph
(A)(ii), by striking ``preference status under section
203(a)(2)'' and inserting ``classification as an immediate
relative under section 201(b)(2)(B)(ii)'';
(B) in subsection (c)(1), by striking ``or preference
status''; and
(C) in subsection (k)(1), by striking ``203(a)(2)(B)'' and
inserting ``203(a)(2)''.
(6) Excludable aliens.--Section 212(d)(12)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is
amended by striking ``section 201(b)(2)(A)'' and inserting
``section 201(b)(2) (other than subparagraph (B)(vi))''.
(7) Admission of nonimmigrants.--Section 214(r)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1184(r)(3)(A))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B)).''
(8) Definition of alien spouse.--Section 216(h)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(A))
is amended by inserting ``or an alien lawfully admitted for
permanent residence'' after ``United States''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-
118; 8 U.S.C. 1157 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(10) Processing of visa applications.--Section 233(b)(1) of
the Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228; 8 U.S.C. 1201 note) is amended by
striking ``section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2) (other than clause (v) or (vi) of subparagraph
(B))''.
______
By Ms. HIRONO (for herself and Mr. Markey):
S.J. Res. 40. A joint resolution formally apologizing for the nuclear
legacy of the United States in the Republic of the Marshall Islands and
affirming the importance of the free association between the Government
of the United States and the Government of the Marshall Islands; to the
Committee on Energy and Natural Resources.
Ms. HIRONO. Mr. President, I rise today to introduce a resolution
that affirms the importance of our compact of free association with the
Republic of the Marshall Islands and apologizes to the people of the
Republic of the Marshall Islands on behalf of the U.S. Government for
the United States' nuclear testing program. I am thankful to Senator
Markey for joining me in this resolution as we seek to strengthen the
ties between the United States and the Republic of the Marshall
Islands.
After freeing what are now the Republic of the Marshall Islands from
Japanese control during the Second World War, the United States was
entrusted with administering the islands as a part of the United
Nations Trust Territory of the Pacific Islands. Under the trusteeship,
the United States was charged with promoting self-government and the
economic and educational advancement of the islands. The trusteeship
also obligated the United States to protect the health of the
inhabitants of the trust territory.
President Harry Truman reaffirmed the United States' ``special
responsibility'' for the people of the Republic of the Marshall Islands
when he reassured the United Nations that the people of the Marshall
Islands ``will be accorded all rights which are the normal
constitutional rights of the citizens under the Constitution.''
In many ways, the Government of the United States failed to live up
to that special responsibility. From 1946 to 1958, the United States
conducted 67 thermonuclear tests in the Marshall Islands. The tests
contaminated at least 11 of the Marshall Island's 29 atolls. These
tests destroyed their land and led to their displacement. Nuclear
testing also exposed the Marshallese to radioactive fallout,
contributing to increased cancer rates, birth defects, and other
serious health conditions. The nuclear testing program has caused
irreparable harm to the people of the Republic of the Marshall Islands.
That harm and our collective failure to live up to our nation's
responsibilities have similarly failed members of the Armed Forces and
civilian contractors that were tasked by our government with cleaning
up nuclear waste in the Marshall Islands. In the 1970s, the United
States sought to clean up Enewetak Atoll, where the United States
conducted over 40 nuclear tests. In an effort to contain radioactive
material on Enewetak, members of the
[[Page S886]]
Armed Forces and civilian contractors constructed the Runit Dome, an
unlined nuclear waste containment structure that stores approximately
110,000 cubic yards of radioactively contaminated soil and debris.
Thousands of servicemembers were exposed to radiation and nuclear waste
as they worked to clean up Enewetak Atoll.
To this day, those servicemembers remain ineligible for health
benefits through the Department of Veterans Affairs that other
``radiation-exposed veterans'' receive. I am thankful to Senators Smith
and Tillis for their leadership on this issue, as they seek to secure
health benefits for these servicemembers through the Mark Takai Atomic
Veterans Healthcare Parity Act.
The Republic of the Marshall Islands is one of the United States'
strongest allies and one of its most important partners in the Indo-
Pacific region. Since entering into a Compact of Free Association with
the United States in the 1980s, thousands of Marshallese have migrated
to the United States to live and work. The Marshallese have made
invaluable contributions to my home State of Hawaii and have enriched
communities throughout the country. The compact also protects U.S.
national security interests by providing the U.S. military with
exclusive access to the territorial waters of the Marshall Islands and
serves as host to the Ronald Reagan Ballistic Missile Defense Test Site
on Kwajalein Atoll.
While our relationship with the Republic of the Marshall Islands
remains strong, they are in jeopardy. U.S. economic assistance under
the Compact of Free Association to the Marshall Islands is set to end
in 2023 while near-peer competitors threaten to undermine our
alliances. Additionally, climate change poses an existential threat to
the Republic of the Marshall Islands.
But in order to continue on with our relationship with the Marshall
Islands, we need to reckon with our past. The United States has never
apologized for its nuclear testing program in the Marshall Islands. The
harm caused by the United States' nuclear legacy in the Marshall
Islands cannot be taken back or undone. But as the Republic of the
Marshall Islands memorializes today, March 1, as Nuclear Victims
Remembrance Day, we can show our contrition and endeavor to build a
stronger relationship based on correcting the wrongs of the past and
strengthening the special ties that bind our two nations.
____________________