[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.

                          ____________________