[Congressional Record Volume 169, Number 55 (Monday, March 27, 2023)]
[Senate]
[Pages S955-S964]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. King, Ms. Smith, and Ms. Sinema):
  S. 978. A bill to expand the use of open textbooks in order to 
achieve savings for students and improve textbook price information; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Madam 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. 978

       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 ``Affordable College Textbook 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The high cost of college textbooks continues to be a 
     barrier for many students in achieving higher education.
       (2) According to the College Board, during the 2022-2023 
     academic year, the average student budget for college books 
     and supplies at 4-year public institutions of higher 
     education was $1,240.
       (3) The Government Accountability Office found that new 
     textbook prices increased 82 percent between 2002 and 2012 
     and that although Federal efforts to increase price 
     transparency have provided students and families with more 
     and better information, more must be done to address rising 
     costs.
       (4) The growth of the internet has enabled the creation and 
     sharing of digital content, including open educational 
     resources that can be freely used by students, teachers, and 
     members of the public.
       (5) According to the Student PIRGs, expanded use of open 
     educational resources has the potential to save students more 
     than a billion dollars annually.
       (6) Federal investment in expanding the use of open 
     educational resources has lowered college textbook costs and 
     reduced financial barriers to higher education, while making 
     efficient use of taxpayer funds.
       (7) Educational materials, including open educational 
     resources, must be accessible to the widest possible range of 
     individuals, including those with disabilities.

     SEC. 3. OPEN TEXTBOOK GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (2) Open educational resource.--The term ``open educational 
     resource'' has the meaning given the term in section 133 of 
     the Higher Education Act of 1965 (20 U.S.C. 1015b).

[[Page S956]]

       (3) Open textbook.--The term ``open textbook'' means an 
     open educational resource or set of open educational 
     resources that either is a textbook or can be used in place 
     of a textbook for a postsecondary course at an institution of 
     higher education.
       (4) Relevant faculty.--The term ``relevant faculty'' means 
     both tenure track and contingent faculty members who may be 
     involved in the creation or use of open textbooks created as 
     part of an application under subsection (d).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (6) Supplemental material.--The term ``supplemental 
     material'' has the meaning given the term in section 133 of 
     the Higher Education Act of 1965 (20 U.S.C. 1015b).
       (b) Grants Authorized.--From the amounts appropriated under 
     subsection (k), the Secretary shall make grants, on a 
     competitive basis, to eligible entities to support projects 
     that expand the use of open textbooks in order to achieve 
     savings for students while maintaining or improving 
     instruction and student learning outcomes.
       (c) Eligible Entity.--In this section, the term ``eligible 
     entity'' means an institution of higher education, a 
     consortium of institutions of higher education, or a 
     consortium of States on behalf of institutions of higher 
     education.
       (d) Applications.--
       (1) In general.--Each eligible entity desiring a grant 
     under this section, after consultation with relevant faculty, 
     shall submit an application to the Secretary at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may reasonably require.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall include a description of the project to be 
     completed with grant funds and--
       (A) a plan for promoting and tracking the use of open 
     textbooks in postsecondary courses offered by the eligible 
     entity and across participating members of the consortium, 
     where applicable, including an estimate of the projected 
     savings that will be achieved for students;
       (B) a plan for identifying gaps in the open textbook 
     marketplace in courses that are part of degree-granting 
     programs, which may include a plan for evaluating, before 
     creating new open textbooks, whether existing open textbooks 
     could be used or adapted for the same purpose, and in the 
     case that a gap exists, creating new open textbooks;
       (C) a plan for quality review and review of accuracy of any 
     open textbooks to be created or adapted through the grant;
       (D) a plan for assessing the impact of open textbooks on 
     instruction, student learning outcomes, course outcomes, and 
     educational costs at the eligible entity and across 
     participating members of the consortium, where applicable;
       (E) a plan for disseminating information about the results 
     of the project to institutions of higher education outside of 
     the eligible entity, including promoting the adoption of any 
     open textbooks created or adapted through the grant;
       (F) a statement on consultation with relevant faculty, 
     including those engaged in the creation of open textbooks, in 
     the development of the application;
       (G) a plan for professional development to build the 
     capacity of faculty, instructors, and other staff to adapt 
     and use open textbooks; and
       (H) a plan for updating the open textbooks beyond the 
     funded period.
       (e) Special Consideration.--In awarding grants under this 
     section, the Secretary shall give special consideration to 
     applications that demonstrate the greatest potential to--
       (1) achieve the highest level of savings for students 
     through sustainable expanded use of open textbooks in 
     postsecondary courses offered by the eligible entity;
       (2) expand the use of open textbooks at institutions of 
     higher education outside of the eligible entity; and
       (3) produce--
       (A) the highest quality open textbooks;
       (B) open textbooks that can be most easily utilized and 
     adapted by faculty members at institutions of higher 
     education;
       (C) open textbooks that correspond to the highest 
     enrollment courses at institutions of higher education;
       (D) open textbooks created or adapted in partnership with 
     entities within institutions of higher education, including 
     campus bookstores, that will assist in marketing and 
     distribution of the open textbook; and
       (E) open textbooks that are accessible to students with 
     disabilities.
       (f) Use of Funds.--An eligible entity that receives a grant 
     under this section shall use the grant funds to carry out any 
     of the following activities to expand the use of open 
     textbooks:
       (1) Professional development for any faculty and staff 
     members at institutions of higher education, including the 
     search for and review of open textbooks.
       (2) Creation or adaptation of open textbooks.
       (3) Development or improvement of supplemental materials 
     and informational resources that are necessary to support the 
     use of open textbooks, including accessible instructional 
     materials for students with disabilities.
       (4) Research evaluating the efficacy of the use of open 
     textbooks for achieving savings for students and the impact 
     on instruction and student learning outcomes.
       (g) License.--For each open textbook, supplemental 
     material, or informational resource created or adapted wholly 
     or in part under this section that constitutes a new 
     copyrightable work, the eligible entity receiving the grant 
     shall release such textbook, material, or resource to the 
     public under a non-exclusive, royalty-free, perpetual, and 
     irrevocable license to exercise any of the rights under 
     copyright conditioned only on the requirement that 
     attribution be given as directed by the copyright owner.
       (h) Access and Distribution.--The full and complete digital 
     content of each open textbook, supplemental material, or 
     informational resource created or adapted wholly or in part 
     under this section shall be made available free of charge to 
     the public--
       (1) on an easily accessible and interoperable website, 
     which shall be identified to the Secretary by the eligible 
     entity;
       (2) in a machine readable, digital format that anyone can 
     directly download, edit with attribution, and redistribute;
       (3) in a format that conforms to accessibility standards 
     under section 508 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794d), where feasible; and
       (4) with identifying information, including the title, 
     edition, author, publisher, copyright date, and International 
     Standard Book Number, if available.
       (i) Report.--Upon an eligible entity's completion of a 
     project supported under this section, the eligible entity 
     shall prepare and submit a report to the Secretary 
     regarding--
       (1) the effectiveness of the project in expanding the use 
     of open textbooks and in achieving savings for students;
       (2) the impact of the project on expanding the use of open 
     textbooks at institutions of higher education outside of the 
     eligible entity;
       (3) open textbooks, supplemental materials, and 
     informational resources created or adapted wholly or in part 
     under the grant, including instructions on where the public 
     can access each educational resource under the terms of 
     subsection (h);
       (4) the impact of the project on instruction and student 
     learning outcomes; and
       (5) all project costs, including the value of any volunteer 
     labor and institutional capital used for the project.
       (j) Annual Report to Congress.--Not later than 2 years 
     after the date of enactment of this Act, and annually 
     thereafter, the Secretary shall prepare and submit a report 
     to the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and the Workforce 
     of the House of Representatives detailing--
       (1) the open textbooks, supplemental materials, and 
     informational resources created or adapted wholly or in part 
     under this section;
       (2) the adoption of such open textbooks, including outside 
     of the eligible entity;
       (3) the savings generated for students, States, and the 
     Federal Government through projects supported under this 
     section; and
       (4) the impact of projects supported under this section on 
     instruction and student learning outcomes.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.

     SEC. 4. TEXTBOOK PRICE INFORMATION.

       Section 133 of the Higher Education Act of 1965 (20 U.S.C. 
     1015b) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (6) and inserting the following:
       ``(6) Open educational resource.--The term `open 
     educational resource' means a teaching, learning, or research 
     resource that is offered freely to users in at least one form 
     and that resides in the public domain or has been released 
     under an open copyright license that allows for its free use, 
     reuse, modification, and sharing with attribution.''; and
       (B) in paragraph (9), by striking ``textbook that'' and all 
     that follows through the period at the end and inserting 
     ``textbook that may include printed materials, website 
     access, and electronically distributed materials.'';
       (2) in subsection (c)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``or other person or adopting entity in charge of selecting 
     course materials'' and inserting ``or other person or entity 
     in charge of selecting or aiding in the discovery and 
     procurement of course materials'';
       (B) in subparagraph (A), by inserting ``such institution of 
     higher education or to'' after ``would make the college 
     textbook or supplemental material available to''; and
       (C) by adding at the end the following:
       ``(E) Whether the college textbook or supplemental material 
     is an open educational resource.
       ``(F) For a college textbook or supplemental material 
     delivered primarily in a digital format, a summary of terms 
     and conditions under which a publisher collects and uses 
     student data through the student's use of such college 
     textbook or supplemental material, including whether a 
     student can opt out of such terms and conditions.'';
       (3) in subsection (d)--
       (A) in the subsection heading, by striking ``ISBN''; and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) verify and disclose, on (or linked from) the 
     institution's Internet course schedule, for each course 
     listed in such course schedule, and in a manner of the 
     institution's

[[Page S957]]

     choosing (except that if the institution determines that the 
     disclosure of the information described in this subsection is 
     not practicable or available for a college textbook or 
     supplemental material, then the institution shall indicate 
     the status of such information in lieu of the information 
     required under this subsection)--
       ``(A) the International Standard Book Number of required 
     and recommended college textbooks and supplemental materials, 
     except that if the International Standard Book Number is not 
     available for such college textbook or supplemental material, 
     then the institution shall include in the Internet course 
     schedule the author, title, publisher, and copyright date for 
     such college textbook or supplemental material;
       ``(B) the retail price of required and recommended college 
     textbooks and supplemental materials;
       ``(C) any applicable fee information of required and 
     recommended college textbooks and supplemental materials;
       ``(D) whether each required and recommended college 
     textbook and supplemental material is an open educational 
     resource; and
       ``(E) for a college textbook or supplemental material 
     delivered primarily in a digital format, a link to the 
     summary required to be provided by the publisher under 
     subsection (c)(1)(F); and'';
       (4) by striking subsection (e) and inserting the following:
       ``(e) Availability of Information for College Bookstores.--
       ``(1) In general.--An institution of higher education 
     receiving Federal financial assistance shall assist a college 
     bookstore that is operated by, or in a contractual 
     relationship or otherwise affiliated with, the institution, 
     in obtaining required and recommended course materials 
     information and such course schedule and enrollment 
     information as is reasonably required to implement this 
     section so that such bookstore may--
       ``(A) verify availability of such materials;
       ``(B) source lower cost options, including presenting lower 
     cost alternatives to faculty for faculty to consider, when 
     practicable; and
       ``(C) maximize the availability of format options for 
     students.
       ``(2) Due dates.--In carrying out paragraph (1), an 
     institution of higher education may establish due dates for 
     faculty or departments to notify the campus bookstore of 
     required and recommended course materials.''; and
       (5) in subsection (f)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5); and
       (B) by inserting after paragraph (2) the following:
       ``(3) available open educational resources;''.

     SEC. 5. SENSE OF CONGRESS.

       It is the sense of Congress that institutions of higher 
     education should encourage the consideration of open 
     textbooks by faculty within the generally accepted principles 
     of academic freedom that establishes the right and 
     responsibility of faculty members, individually and 
     collectively, to select course materials that are 
     pedagogically most appropriate for their classes.

     SEC. 6. GAO REPORT.

       Not later than 3 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     prepare and submit a report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives on the cost of textbooks to students at 
     institutions of higher education. The report shall 
     particularly examine--
       (1) the implementation of section 133 of the Higher 
     Education Act of 1965 (20 U.S.C. 1015b), as amended by 
     section 4, including--
       (A) the availability of college textbook and open 
     educational resource information on course schedules;
       (B) the compliance of publishers with applicable 
     requirements under such section; and
       (C) the costs and benefits to institutions of higher 
     education and to students;
       (2) the change in the cost of textbooks;
       (3) the factors, including open textbooks, that have 
     contributed to the change of the cost of textbooks;
       (4) the extent to which open textbooks are used at 
     institutions of higher education; and
       (5) how institutions are tracking the impact of open 
     textbooks on instruction and student learning outcomes.
      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Sanders, Mr. 
        Tuberville, Mr. Brown, and Mr. Blumenthal):
  S. 979. 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. Madam 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. 979

       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 2023''.
       (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 displacement 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 (8 U.S.C. 1182(n)(1)(C)) 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;

[[Page S958]]

       ``(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 (8 U.S.C. 1182(n)(1)(D)) 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 (8 
     U.S.C. 1182(n)(1)(E)) is amended to read as follows:
       ``(E)(i) The employer--
       ``(I) will not at any time displace 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 periods 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 (8 
     U.S.C. 1182(n)(1)(G)(i)) 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 
     (8 U.S.C. 1182(n)(1)(F)) 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) 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 shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and 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 of Homeland 
     Security, 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

[[Page S959]]

       ``(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 of a nonimmigrant described in 
     section 101(a)(15)(H)(i)(b) may not exceed 3 years.
       ``(B) The period of authorized admission of 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 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)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) 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)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) 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 
     ``the employer 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 ``a United 
     States worker employed at a worksite that the employer 
     supplies with nonimmigrant workers was displaced in violation 
     of paragraph (1)(E) or the conditions of a waiver under 
     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)--
       (i) by striking ``the Attorney General shall not approve 
     petitions'' and inserting ``the Secretary of Homeland 
     Security or the Secretary of State, as appropriate, shall not 
     approve petitions or applications'';
       (ii) by striking ``under section 204 or 214(c)'' and 
     inserting ``under section 101(a)(15)(E)(iii), 
     101(a)(15)(H)(i)(b1), 204, 214(c), or 214(e)''; and
       (iii) 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 (v)--
       (A) by inserting ``(I)'' after ``(v)''; and
       (B) by adding at the end the following:
       ``(II) Upon the termination of an H-1B nonimmigrant's 
     employment on account of such alien's disclosure of 
     information or cooperation in an investigation described in 
     clause (iv), the nonimmigrant stay of any beneficiary and any 
     dependents listed on the beneficiary's petition will be 
     authorized and

[[Page S960]]

     the alien will not accrue any period of unlawful presence 
     under section 212(a)(9) for a 90-day period or until the 
     expiration of the authorized validity period, whichever comes 
     first, following the date of such termination for the purpose 
     of departure or extension of nonimmigrant status based upon a 
     subsequent offer of employment.''; and
       (6) 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) will not at any time displace a United States worker 
     with 1 or more H-1B nonimmigrants; and
       ``(bb) has not displaced and will not 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 ``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 2023, 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 listed as the beneficiary of an 
     employment-based nonimmigrant petition, the employer who 
     filed such petition shall provide such 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), as amended by this

[[Page S961]]

     Act, is further 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 DISPLACEMENT 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 displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) with 1 or more nonimmigrants described in 
     section 101(a)(15)(L); and
       ``(bb) has not displaced and will not displace (as defined 
     in section 212(n)(4)(B)) a United States worker (as defined 
     in section 212(n)(4)(E)) 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 Displacement 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 displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) with 1 or more such nonimmigrants; and
       ``(II) may not displace (as defined in section 
     212(n)(4)(B)) a United States worker (as defined in section 
     212(n)(4)(E)) employed by the employer during the period 
     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 periods referenced in clause (i) 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

[[Page S962]]

     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 (L).
       ``(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 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 of Homeland Security or the Secretary 
     of State, as appropriate, shall not approve petitions or 
     applications filed with respect to that employer during a 
     period of at least 1 year for 1 or more aliens to be employed 
     as such nonimmigrants by the employer; 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 of Homeland Security or the Secretary 
     of State, as appropriate, shall not approve petitions or 
     applications filed with respect to that employer during a 
     period of at least 2 years for 1 or more aliens to be 
     employed as such nonimmigrants by the employer; 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) Upon termination of the employment of an alien 
     described in section 101(a)(15)(L) on account of actions by 
     such alien described in subclauses (I) and (II) of clause 
     (i), such

[[Page S963]]

     alien's nonimmigrant stay and the stay of any beneficiary and 
     any dependents listed on the beneficiary's petition or 
     application will be authorized and the aliens will not accrue 
     any period of unlawful presence under section 212(a)(9) for a 
     90-day period or upon the expiration of the authorized 
     validity period, whichever comes first, following the date of 
     such termination for the purpose of departure or extension of 
     nonimmigrant status based upon a subsequent offer of 
     employment.
       ``(iii) 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 with the Secretary 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 adjudication by the Secretary of 
     Homeland Security of individual petitions covered under such 
     blanket petitions; and
       ``(ii) the expedited processing by the Secretary of State 
     of visas for admission of aliens 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;
       ``(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 unique 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) Unique 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.

       (a) Delegation of Authority.--Section 212(n)(5)(F) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)(5)(F)) is 
     amended by striking ``Department of Justice'' and inserting 
     ``Department of Homeland Security''.
       (b) Petitions for Certain Nonimmigrant Visas.--Section 
     214(c) of such Act (8 U.S.C. 1184(c)) is amended by striking 
     ``Attorney General'' each place such term appears and 
     inserting ``Secretary of Homeland Security''.

[[Page S964]]

  


     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.

                          ____________________