[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.
____________________