,,ii #aacth ,,congress #ast ,session ,s4 #fjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ah1 #bjac ,mr4 ,grassley 7for himself and ,mr4 ,brown7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,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 ,states1 and for other purposes4 #a4 ,short title 7a7 ,short title ,this ,act may be cited as the ,h-#a;,b and ,l-#a ,visa ,reform ,act of #bjac4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,,title ,i--,h-#a;,b visa fraud and abuse protections ,subtitle ,a--,h-#a;,b employer application requirements ,sec4 #aja4 ,modification of application requirements4 ,sec4 #ajb4 ,new application requirements4 ,sec4 #ajc4 ,application review requirements4 ,subtitle ,b--,investigation and disposition of complaints against ,h-#a;,b employers ,sec4 #aaa4 ,general modification of procedures for investigation and disposition4 ,sec4 #aab4 ,investigation1 working conditions1 and penalties4 ,sec4 #aac4 ,waiver requirements4 ,sec4 #aad4 ,initiation of investigations4 ,sec4 #aae4 ,information sharing4 ,sec4 #aaf4 ,conforming amendment4 ,subtitle ,c--,other protections ,sec4 #aba4 ,posting available positions through the ,department of ,labor4 ,sec4 #abb4 ,h-#a;,b government authority and requirements4 ,sec4 #abc4 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants4 ,sec4 #abd4 ,additional ,department of ,labor employees4 ,sec4 #abe4 ,technical correction4 ,sec4 #abf4 ,application4 ,,title ,,ii--,l-#a visa fraud and abuse protections ,sec4 #bja4 ,prohibition on outplacement of ,l-#a nonimmigrants4 ,sec4 #bjb4 ,l-#a employer petition requirements for employment at new offices4 ,sec4 #bjc4 ,cooperation with ,secretary of ,state4 ,sec4 #bjd4 ,investigation and disposition of complaints against ,l-#a employers4 ,sec4 #bje4 ,wage rate and working conditions for ,l-#a nonimmigrant4 ,sec4 #bjf4 ,penalties4 ,sec4 #bjg4 ,prohibition on retaliation against ,l-#a nonimmigrants4 ,sec4 #bjh4 ,reports on ,l-#a nonimmigrants4 ,sec4 #bji4 ,technical amendments4 ,sec4 #baj4 ,application4 ,sec4 #baa4 ,report on ,l-#a blanket petition process4 ,i ,h-#a;,b visa fraud and abuse protections ,a ,h-#a;,b employer application requirements #aja4 ,modification of application requirements 7a7 ,general application requirements ,subparagraph 7,a7 of section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77 is amended to read as follows3 7,a7 ,the employer-- 7i7 is offering and will offer to ,h-#a;,b nonimmigrants1 during the period of authorized employment for each ,h-#a;,b nonimmigrant1 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-- 7,i7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7,,ii7 the median average wage for all workers in the occupational classification in the area of employment2 and 7,,iii7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7ii7 will provide working conditions for such ,h-#a;,b nonimmigrant that will not adversely affect the working conditions of other workers similarly employed4 4 7b7 ,internet posting requirement ,subparagraph 7,c7 of such section #bab7n77#a7 is amended-- 7#a7 by redesignating clause 7ii7 as subclause 7,,ii72 7#b7 by striking 7i7 has provided and inserting the following3 7ii7 7,i7 has provided 2 and 7#c7 by inserting before clause 7ii71 as redesignated by paragraph 7#b7 of this subsection1 the following3 7i7 has posted on the ,internet website described in paragraph 7#c71 for at least #cj calendar days1 a detailed description of each position for which a nonimmigrant is sought that includes a description of-- 7,i7 the wages and other terms and conditions of employment2 7,,ii7 the minimum education1 training1 experience1 and other requirements for the position2 and 7,,iii7 the process for applying for the position2 and 4 7c7 ,wage determination information ,subparagraph 7,d7 of such section #bab7n77#a7 is amended by inserting the wage determination methodology used under subparagraph 7,a77i71 after shall contain4 7d7 ,application of requirements to all employers 7#a7 ,nondisplacement ,subparagraph 7,e7 of such section #bab7n77#a7 is amended-- 7,a7 in clause 7i7-- 7i7 by striking #ij days both places it appears and inserting #ahj days2 and 7ii7 by striking 7i7 ,in the case of an application described in clause 7ii71 the and inserting ,the2 and 7,b7 by striking clause 7ii74 7#b7 ,recruitment ,subparagraph 7,g77i7 of such section #bab7n77#a7 is amended by striking ,in the case of an application described in subparagraph 7,e77ii71 subject and inserting ,subject4 7e7 ,requirement for waiver ,subparagraph 7,f7 of such section #bab7n77#a7 is amended to read as follows3 7,f7 ,the employer shall not place1 outsource1 lease1 or otherwise contract for the services or placement of ,h-#a;,b nonimmigrants with another employer unless the employer of the alien has been granted a waiver under paragraph 7#b77;,e74 4 #ajb4 ,new application requirements ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a77 is amended by inserting after clause 7ii7 of subparagraph 7,g7 the following3 7,h7 7i7 ,the employer has not advertised any available position specified in the application in an advertisement that states or indicates that-- 7,i7 such position is only available to an individual who is or will be an ,h-#a;,b nonimmigrant2 or 7,,ii7 an individual who is or will be an ,h-#a;,b nonimmigrant shall receive priority or a preference in the hiring process for such position4 7ii7 ,the employer has not solely recruited individuals who are or who will be ,h-#a;,b nonimmigrants to fill such position4 7,i7 ,if the employer employs #ej or more employees in the ,united ,states1 the sum of the number of such employees who are ,h-#a;,b nonimmigrants plus the number of such employees who are nonimmigrants described in section #aja7;a77#ae77,l7 may not exceed #ej percent of the total number of employees4 7,j7 ,if the employer1 in such previous period as the ,secretary shall specify1 employed #a or more ,h-#a;,b nonimmigrants1 the employer shall submit to the ,secretary the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer with respect to the ,h-#a;,b nonimmigrants for such period4 4 #ajc4 ,application review requirements 7a7 ,technical amendment ,section #bab7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#a771 as amended by section #ajb1 is further amended in the undesignated paragraph at the end1 by striking ,the employer and inserting the following3 7,k7 ,the employer4 4 7b7 ,application review requirements ,subparagraph 7,k7 of such section #bab7n77#a71 as designated by subsection 7a71 is amended-- 7#a7 by inserting and through the ,department of ,labor's website1 without charge4 after ,d4,c42 7#b7 by striking only for completeness and inserting for completeness and clear indicators of fraud or misrepresentation of material fact12 7#c7 by striking or obviously inaccurate and inserting 1 presents clear indicators of fraud or misrepresentation of material fact1 or is obviously inaccurate2 7#d7 by striking within #g days of and inserting not later than #ad days after2 and 7#e7 by adding at the end the following3 ,if the ,secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact1 the ,secretary may conduct an investigation and hearing in accordance with paragraph 7#b744 ,b ,investigation and disposition of complaints against ,h-#a;,b employers #aaa4 ,general modification of procedures for investigation and disposition ,subparagraph 7,a7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 by striking 7,a7 ,subject and inserting 7,a77i7 ,subject2 7#b7 by striking #ab months and inserting #bd months2 7#c7 by striking the last sentence2 and 7#d7 by adding at the end the following3 7ii7 7,i7 ,upon the receipt of such a complaint1 the ,secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred4 7,,ii7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements of this subsection and may conduct annual compliance audits of employers that employ ,h-#a;,b nonimmigrants4 7,,iii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not less than #a percent of the employers that employ ,h-#a;,b nonimmigrants during the applicable calendar year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are ,h-#a;,b nonimmigrants2 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #aab4 ,investigation1 working conditions1 and penalties ,subparagraph 7,c7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i7-- 7,a7 in the matter preceding subclause 7,i7-- 7i7 by striking a condition of paragraph 7#a77;,b71 7#a77;,e71 or 7#a77;,f7 and inserting a condition under subparagraph 7,a71 7,b71 7,c77i71 7,e71 7,f71 7,g77i77,i71 7,h71 7,i71 or 7,j7 of paragraph 7#a72 and 7ii7 by striking 7#a77;,c7 and inserting 7#a77;,c77ii72 and 7,b7 in subclause 7,i7-- 7i7 by striking #a1jjj and inserting #b1jjj2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to the employees harmed by such violations for lost wages and benefits4 2 and 7#b7 in clause 7ii7-- 7,a7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking #e1jjj and inserting #aj1jjj2 and 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,c7 by adding at the end the following3 7,,iii7 an employer that violates such subparagraph 7,a7 shall be liable to the employees harmed by such violations for lost wages and benefits4 2 7#c7 in clause 7iii7-- 7,a7 in the matter preceding subclause 7,i71 by striking #ij days both places it appears and inserting #ahj days2 7,b7 in subclause 7,i7-- 7i7 by striking may and inserting shall2 and 7ii7 by striking and at the end2 7,c7 in subclause 7,,ii71 by striking the period at the end and inserting a semicolon and and2 and 7,d7 by adding at the end the following3 7,,iii7 an employer that violates subparagraph 7,a7 of such paragraph shall be liable to the employees harmed by such violations for lost wages and benefits4 2 7#d7 in clause 7iv7-- 7,a7 by inserting to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or before to intimidate2 7,b7 by inserting 7,i7 after 7iv72 and 7,c7 by adding at the end the following3 7,,ii7 ,an employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits4 2 and 7#e7 in clause 7vi7-- 7,a7 by amending subclause 7,i7 to read as follows3 7,i7 ,it is a violation of this clause for an employer who has filed an application under this subsection-- 7aa7 to require an ,h-#a;,b nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer 7the ,secretary shall determine whether a required payment is a penalty1 and not liquidated damages1 pursuant to relevant ,state law72 and 7bb7 to fail to offer to an ,h-#a;,b nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7,,aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7,,bb7 the opportunity to participate in retirement and savings plans2 and 7,,cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 2 and 7,b7 in subclause 7,,iii71 by striking #a1jjj and inserting #b1jjj4 #aac4 ,waiver requirements 7a7 ,in general ,subparagraph 7,e7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended to read as follows3 7,e7 7i7 ,the ,secretary of ,labor may waive the prohibition in paragraph 7#a77;,f7 if the ,secretary determines that the employer seeking the waiver has established that-- 7,i7 the employer with whom the ,h-#a;,b nonimmigrant would be placed has not displaced1 and does not intend to displace1 a ,united ,states worker employed by the employer within the period beginning #ahj days before and ending #ahj days after the date of the placement of the nonimmigrant with the employer2 7,,ii7 the ,h-#a;,b nonimmigrant will not be controlled and supervised principally by the employer with whom the ,h-#a;,b nonimmigrant would be placed2 and 7,,iii7 the placement of the ,h-#a;,b nonimmigrant is not essentially an arrangement to provide labor for hire for the employer with whom the ,h-#a;,b nonimmigrant will be placed4 7ii7 ,the ,secretary shall grant or deny a waiver under this subparagraph not later than #g days after the ,secretary receives the application for such waiver4 4 7b7 ,requirement for rules 7#a7 ,rules for waivers ,the ,secretary of ,labor shall promulgate rules1 after notice and a period for comment1 for an employer to apply for a waiver under subparagraph 7,e7 of section #bab7n77#b7 of such ,act1 as amended by subsection 7a74 7#b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that rules required by paragraph 7#a7 are published4 #aad4 ,initiation of investigations ,subparagraph 7,g7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended-- 7#a7 in clause 7i71 by striking if the ,secretary and all that follows and inserting with regard to the employer's compliance with the requirements of this subsection42 7#b7 in clause 7ii71 by striking and whose identity and all that follows through failure or failures4 and inserting the ,secretary of ,labor may conduct an investigation into the employer's compliance with the requirements of this subsection42 7#c7 in clause 7iii71 by striking the last sentence2 7#d7 by striking clauses 7iv7 and 7v72 7#e7 by redesignating clauses 7vi71 7vii71 and 7viii7 as clauses 7iv71 7v71 and 7vi71 respectively2 7#f7 in clause 7iv71 as so redesignated1 by striking meet a condition described in clause 7ii71 unless the ,secretary of ,labor receives the information not later than #ab months and inserting comply with the requirements under this subsection1 unless the ,secretary of ,labor receives the information not later than #bd months2 7#g7 by amending clause 7v71 as so redesignated1 to read as follows3 7v7 ,the ,secretary of ,labor shall provide notice to an employer of the intent to conduct an investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,the ,secretary is not required to comply with this clause 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 of this subsection4 ,a determination by the ,secretary under this clause shall not be subject to judicial review4 2 7#h7 in clause 7vi71 as so redesignated1 by striking ,an investigation and all that follows through the determination4 and inserting ,if the ,secretary of ,labor1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination42 and 7#i7 by adding at the end the following3 7vii7 ,if the ,secretary of ,labor1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,c74 4 #aae4 ,information sharing ,subparagraph 7,h7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended to read as follows3 7,h7 ,the ,director of ,united ,states ,citizenship and ,immigration ,services shall provide the ,secretary of ,labor with any information contained in the materials submitted by employers of ,h-#a;,b nonimmigrants as part of the adjudication process that indicates that the employer is not complying with visa program requirements for ,h-#a;,b nonimmigrants4 ,the ,secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph4 4 #aaf4 ,conforming amendment ,subparagraph 7,f7 of section #bab7n77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77#b77 is amended by striking ,the preceding sentence shall apply to an employer regardless of whether or not the employer is an ,h-#a;,b-dependent employer44 ,c ,other protections #aba4 ,posting available positions through the ,department of ,labor 7a7 ,department of ,labor website ,paragraph 7#c7 of section #bab7n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7n77 is amended to read as follows3 7#c7 7,a7 ,not later than #ij days after the date of the enactment of the ,h-#a;,b and ,l-#a ,visa ,reform ,act of #bjac1 the ,secretary of ,labor shall establish a searchable ,internet website for posting positions as required by paragraph 7#a77;,c74 ,such website shall be available to the public without charge4 7,b7 ,the ,secretary may work with private companies or nonprofit organizations to develop and operate the ,internet website described in subparagraph 7,a74 7,c7 ,the ,secretary may promulgate rules1 after notice and a period for comment1 to carry out the requirements of this paragraph4 4 7b7 ,requirement for publication ,the ,secretary of ,labor shall submit to ,congress and publish in the ,federal ,register and other appropriate media a notice of the date that the ,internet website required by paragraph 7#c7 of section #bab7n7 of such ,act1 as amended by subsection 7a71 will be operational4 7c7 ,application ,the amendments made by subsection 7a7 shall apply to an application filed on or after the date that is #cj days after the date described in subsection 7b74 #abb4 ,h-#a;,b government authority and requirements 7a7 ,immigration documents ,section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 is amended by adding at the end the following3 7m7 ,employer ,to provide immigration paperwork exchanged with ,federal agencies ,not later than #ba business days after receiving a written request from a former1 current1 or future employee or beneficiary1 an employer shall provide such employee or beneficiary with the original 7or a certified copy of the original7 of all petitions1 notices1 and other written communication exchanged between the employer and the ,department of ,labor1 the ,department of ,homeland ,security1 or any other ,federal agency or department that is related to an immigrant or nonimmigrant petition filed by the employer for such employee or beneficiary4 4 7b7 ,report on job classification and wage determinations ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare a report analyzing the accuracy and effectiveness of the ,secretary of ,labor's current job classification and wage determination system4 ,the report shall-- 7#a7 specifically address whether the systems in place accurately reflect the complexity of current job types as well as geographic wage differences2 and 7#b7 make recommendations concerning necessary updates and modifications4 #abc4 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,requirements for information for ,h-#a;,b and ,l-#a nonimmigrants 7#a7 ,in general ,upon issuing a visa to an applicant for nonimmigrant status pursuant to subparagraph 7,h77i77b7 or 7,l7 of section #aja7;a77#ae7 who is outside the ,united ,states1 the issuing office shall provide the applicant with-- 7,a7 a brochure outlining the obligations of the applicant's employer and the rights of the applicant with regard to employment under ,federal law1 including labor and wage protections2 7,b7 the contact information for appropriate ,federal agencies or departments that offer additional information or assistance in clarifying such obligations and rights2 and 7,c7 a copy of the application submitted for the nonimmigrant under section #bab7n7 or the petition submitted for the nonimmigrant under subsection 7c77#b77;,a71 as appropriate4 7#b7 ,applicants inside the ,united ,states ,upon the issuance of a visa to an applicant referred to in paragraph 7#a7 who is inside the ,united ,states1 the issuing officer of the ,department of ,homeland ,security shall provide the applicant with the material described in clauses 7i71 7ii71 and 7iii7 of subparagraph 7,a74 4 #abd4 ,additional ,department of ,labor employees 7a7 ,in general ,the ,secretary of ,labor is authorized to hire #bjj additional employees to administer1 oversee1 investigate1 and enforce programs involving nonimmigrant employees described in section #aja7;a77#ae77;,h77i77,b74 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #abe4 ,technical correction ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by redesignating the second subsection 7t71 as added by section #a7;b77#b77;,b7 of the ,act entitled ,an ,act to amend and extend the ,irish ,peace ,process ,cultural and ,training ,program ,act of #aiih 7,public ,law #ajh-ddi2 #aah ,stat4 #cdgj71 as subsection 7u74 #abf4 ,application ,except as specifically otherwise provided1 the amendments made by this title shall apply to applications filed on or after the date of the enactment of this ,act4 ,,ii ,l-#a visa fraud and abuse protections #bja4 ,prohibition on outplacement of ,l-#a nonimmigrants 7a7 ,in general ,subparagraph 7,f7 of section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended to read as follows3 7,f7 7i7 ,unless an employer receives a waiver under clause 7ii71 an employer may not employ an alien1 for a cumulative period of more than #a year1 who-- 7,i7 will serve in a capacity involving specialized knowledge with respect to an employer for purposes of section #aja7;a77#ae77,l72 and 7,,ii7 will be stationed primarily at the worksite of an employer other than the petitioning employer or its affiliate1 subsidiary1 or parent1 including pursuant to an outsourcing1 leasing1 or other contracting agreement4 7ii7 ,the ,secretary of ,homeland ,security may grant a waiver of the requirements of clause 7i7 for an employer if the ,secretary determines that the employer has established that-- 7,i7 the employer with whom the alien referred to in clause 7i7 would be placed has not displaced and does not intend to displace a ,united ,states worker employed by the employer within the period beginning #ahj days after the date of the placement of such alien with the employer2 7,,ii7 such alien will not be controlled and supervised principally by the employer with whom the nonimmigrant would be placed2 and 7,,iii7 the placement of the nonimmigrant is not essentially an arrangement to provide labor for hire for an unaffiliated employer with whom the nonimmigrant will be placed1 rather than a placement in connection with the provision or a product or service for which specialized knowledge specific to the petitioning employer is necessary4 7iii7 ,the ,secretary shall grant or deny a waiver under clause 7ii7 not later than #g days after the date that the ,secretary receives the application for the waiver4 4 7b7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate rules1 after notice and a period for comment1 for an employer to apply for a waiver under subparagraph 7,f77ii7 of section #bad7;c77#b71 as added by subsection 7a74 #bjb4 ,l-#a employer petition requirements for employment at new offices ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by adding at the end the following3 7,g7 7i7 ,if the beneficiary of a petition under this paragraph is coming to the ,united ,states to open1 or be employed in1 a new office1 the petition may be approved for up to #ab months only if-- 7,i7 the alien has not been the beneficiary of #b or more petitions under this subparagraph during the immediately preceding #b years2 and 7,,ii7 the employer operating the new office has-- 7aa7 an adequate business plan2 7bb7 sufficient physical premises to carry out the proposed business activities2 and 7cc7 the financial ability to commence doing business immediately upon the approval of the petition4 7ii7 ,an extension of the approval period under clause 7i7 may not be granted until the importing employer submits an application to the ,secretary of ,homeland ,security that contains-- 7,i7 evidence that the importing employer meets the requirements of this subsection2 7,,ii7 evidence that the beneficiary of the petition is eligible for nonimmigrant status under section #aja7;a77#ae77,l72 7,,iii7 a statement summarizing the original petition2 7,,iv7 evidence that the importing employer has fully complied with the business plan submitted under clause 7i77,i72 7,v7 evidence of the truthfulness of any representations made in connection with the filing of the original petition2 7,,vi7 evidence that the importing employer1 for the entire period beginning on the date on which the petition was approved under clause 7i71 has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services2 7,,vii7 a statement of the duties the beneficiary has performed at the new office during the approval period under clause 7i7 and the duties the beneficiary will perform at the new office during the extension period granted under this clause2 7,,viii7 a statement describing the staffing at the new office1 including the number of employees and the types of positions held by such employees2 7,,ix7 evidence of wages paid to employees2 7,x7 evidence of the financial status of the new office2 and 7,,xi7 any other evidence or data prescribed by the ,secretary4 7iii7 ,a new office employing the beneficiary of an ,l-#a petition approved under this paragraph shall do business only through regular1 systematic1 and continuous provision of goods and services for the entire period for which the petition is sought4 7iv7 ,notwithstanding clause 7ii71 and subject to the maximum period of authorized admission set forth in subparagraph 7,d71 the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 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 #ab-month period if the importing employer has been doing business at the new office through regular1 systematic1 and continuous provision of goods and services for the #f 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 circumstances1 as determined by the ,secretary in the ,secretary's discretion4 4 #bjc4 ,cooperation with ,secretary of ,state ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #bjb1 is further amended by adding at the end the following3 7,h7 ,for purposes of approving petitions under this paragraph1 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 country4 4 #bjd4 ,investigation and disposition of complaints against ,l-#a employers ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb and #bjc1 is further amended by adding at the end the following3 7,i7 7i7 ,the ,secretary of ,homeland ,security may initiate an investigation of any employer that employs nonimmigrants described in section #aja7;a77#ae77,l7 with regard to the employer's compliance with the requirements of this subsection4 7ii7 ,if the ,secretary receives specific credible information from a source who is likely to have knowledge of an employer's practices1 employment conditions1 or compliance with the requirements under this subsection1 the ,secretary may conduct an investigation into the employer's compliance with the requirements of this subsection4 ,the ,secretary may withhold the identity of the source from the employer1 and the source's identity shall not be subject to disclosure under section #eeb of title #e1 ,united ,states ,code4 7iii7 ,the ,secretary shall establish a procedure for any person desiring to provide to the ,secretary information described in clause 7ii7 that may be used1 in whole or in part1 as the basis for the commencement of an investigation described in such clause1 to provide the information in writing on a form developed and provided by the ,secretary and completed by or on behalf of the person4 7iv7 ,no investigation described in clause 7ii7 7or hearing described in clause 7vi7 based on such investigation7 may be conducted with respect to information about a failure to comply with the requirements under this subsection1 unless the ,secretary receives the information not later than #bd months after the date of the alleged failure4 7v7 ,before commencing an investigation of an employer under clause 7i7 or 7ii71 the ,secretary shall provide notice to the employer of the intent to conduct such investigation4 ,the notice shall be provided in such a manner1 and shall contain sufficient detail1 to permit the employer to respond to the allegations before an investigation is commenced4 ,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 subsection4 ,there shall be no judicial review of a determination by the ,secretary under this clause4 7vi7 ,if the ,secretary1 after an investigation under clause 7i7 or 7ii71 determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection1 the ,secretary shall provide the interested parties with notice of such determination and an opportunity for a hearing in accordance with section #eef of title #e1 ,united ,states ,code1 not later than #abj days after the date of such determination4 ,if such a hearing is requested1 the ,secretary shall make a finding concerning the matter by not later than #abj days after the date of the hearing4 7vii7 ,if the ,secretary1 after a hearing1 finds a reasonable basis to believe that the employer has violated the requirements under this subsection1 the ,secretary shall impose a penalty under subparagraph 7,k74 7viii7 7,i7 ,the ,secretary may conduct surveys of the degree to which employers comply with the requirements under this section4 7,,ii7 ,the ,secretary shall-- 7aa7 conduct annual compliance audits of not less than #a percent of the employers that employ nonimmigrants described in section #aja7;a77#ae77,l7 during the applicable fiscal year2 7bb7 conduct annual compliance audits of each employer with more than #ajj employees who work in the ,united ,states if more than #ae percent of such employees are nonimmigrants described in #aja7;a77#ae77,l72 and 7cc7 make available to the public an executive summary or report describing the general findings of the audits carried out pursuant to this subclause4 4 #bje4 ,wage rate and working conditions for ,l-#a nonimmigrant 7a7 ,in general ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #bjb1 #bjc1 and #bjd1 is further amended by adding at the end the following3 7,j7 7i7 ,an employer that employs a nonimmigrant described in section #aja7;a77#ae77,l7 for a cumulative period of time in excess of #a year shall-- 7,i7 offer such nonimmigrant1 during the period of authorized employment1 wages1 based on the best information available at the time the application is filed1 which are not less than the highest of-- 7aa7 the locally determined prevailing wage level for the occupational classification in the area of employment2 7bb7 the median average wage for all workers in the occupational classification in the area of employment2 and 7cc7 the median wage for skill level #b in the occupational classification found in the most recent ,occupational ,employment ,statistics survey2 and 7,,ii7 provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed4 7ii7 ,if an employer1 in such previous period specified by the ,secretary of ,homeland ,security1 employed #a or more such nonimmigrants1 the employer shall provide to the ,secretary of ,homeland ,security the ,internal ,revenue ,service ,form ,w-#b ,wage and ,tax ,statement filed by the employer with respect to such nonimmigrants for such period4 7iii7 ,it is a failure to meet a condition under this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 to require such a nonimmigrant to pay a penalty for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer2 or 7,,ii7 to fail to offer to such a nonimmigrant1 during the nonimmigrant's period of authorized employment1 on the same basis1 and in accordance with the same criteria1 as the employer offers to ,united ,states workers1 benefits and eligibility for benefits1 including-- 7aa7 the opportunity to participate in health1 life1 disability1 and other insurance plans2 7bb7 the opportunity to participate in retirement and savings plans2 and 7cc7 cash bonuses and noncash compensation1 such as stock options 7whether or not based on performance74 7iv7 ,the ,secretary of ,homeland ,security shall determine whether a required payment under clause 7iii77,i7 is a penalty 7and not liquidated damages7 pursuant to relevant ,state law4 4 7b7 ,regulations ,the ,secretary of ,homeland ,security shall promulgate rules1 after notice and a period of comment1 to implement the requirements of subparagraph 7,j7 of section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as added by subsection 7a74 ,in promulgating these rules1 the ,secretary shall take into consideration any special circumstances relating to intracompany transfers4 #bjf4 ,penalties ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by sections #bjb1 #bjc1 #bjd1 and #bje1 is further amended by adding at the end the following3 7,k7 7i7 ,if the ,secretary of ,homeland ,security finds1 after notice and an opportunity for a hearing1 a failure by an employer to meet a condition under subparagraph 7,f71 7,g71 7,j71 or 7,l7 or a misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #b1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #a year1 approve a petition for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j7 or 7,l71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 7ii7 ,if the ,secretary finds1 after notice and an opportunity for a hearing1 a willful failure by an employer to meet a condition under subparagraph 7,f71 7,g71 7,j74 or 7,l7 or a willful misrepresentation of material fact in a petition to employ #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7-- 7,i7 the ,secretary shall impose such administrative remedies 7including civil monetary penalties in an amount not to exceed #aj1jjj per violation7 as the ,secretary determines to be appropriate2 7,,ii7 the ,secretary may not1 during a period of at least #b years1 approve a petition filed for that employer to employ #a or more aliens as such nonimmigrants2 and 7,,iii7 in the case of a violation of subparagraph 7,j7 or 7,l71 the employer shall be liable to the employees harmed by such violation for lost wages and benefits4 4 #bjg4 ,prohibition on retaliation against ,l-#a nonimmigrants ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b771 as amended by section #bjb1 #bjc1 #bjd1 #bje1 and #bjf1 is further amended by adding at the end the following3 7,l7 7i7 ,it is a violation of this subparagraph for an employer who has filed a petition to import #a or more aliens as nonimmigrants described in section #aja7;a77#ae77,l7 to take1 fail to take1 or threaten to take or fail to take1 a personnel action1 or to intimidate1 threaten1 restrain1 coerce1 blacklist1 discharge1 or discriminate in any other manner against an employee because the employee-- 7,i7 has disclosed information that the employee reasonably believes evidences a violation of this subsection1 or any rule or regulation pertaining to this subsection2 or 7,,ii7 cooperates or seeks to cooperate with the requirements of this subsection1 or any rule or regulation pertaining to this subsection4 7ii7 ,in this subparagraph1 the term employee includes-- 7,i7 a current employee2 7,,ii7 a former employee2 and 7,,iii7 an applicant for employment4 4 #bjh4 ,reports on ,l-#a nonimmigrants ,section #bad7;c77#h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#h77 is amended by inserting 7,l71 after 7,h714 #bji4 ,technical amendments ,section #bad7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77 is amended by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 #baj4 ,application ,the amendments made by sections #bja through #bjg shall apply to applications filed on or after the date of the enactment of this ,act4 #baa4 ,report on ,l-#a blanket petition process 7a7 ,requirement for report ,not later than #f months after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall submit to the appropriate committees of ,congress a report regarding the use of blanket petitions under section #bad7;c77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#b77;,a774 ,such report shall assess the efficiency and reliability of the process for reviewing such blanket petitions1 including whether the process includes adequate safeguards against fraud and abuse4 7b7 ,appropriate committees of ,congress ,in this section the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#d7 the ,committee on the ,judiciary of the ,house of ,representatives4