,,ii #aaeth ,,congress #ast ,session ,s4 #gib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #cj1 #bjag,mr4 ,tillis 7for himself1 ,mr4 ,king1 ,mr4 ,thune1 ,ms4 ,collins1 ,mr4 ,rounds1 ,mr4 ,cornyn1 ,ms4 ,murkowski1 and ,mr4 ,blunt7 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 establish an ,h-#b;,b temporary non-agricultural work visa program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,save ,our ,small and ,seasonal ,businesses ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,conditional approval ,the term conditional approval means1 with respect to a petition for admission of ,h-#b;,b nonimmigrants1 the ,secretary has determined that such petition has met all the conditions under paragraphs 7#b7 and 7#f7 of section #bad4b7;h7 of title #h1 ,code of ,federal ,regulations 7or similar successor regulation71 and is approved subject to determining whether visas are available for such nonimmigrants within the statutory cap4 7#b7 ,final approval ,the term final approval means1 with respect to a petition for admission of ,h-#b;,b nonimmigrants1 the ,secretary has determined that such petition has met all the conditions under section #fee4aa of title #bj1 ,code of ,federal ,regulations 7or similar successor regulation71 and that visas are available for such nonimmigrants within the statutory cap4 7#c7 ,h-#b;,b nonimmigrant ,the term ,h-#b;,b nonimmigrant means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b774 7#d7 ,premium processing petition ,the term premium processing petition means a petition for an ,h-#b;,b nonimmigrant for which the petitioner pays a premium fee pursuant to section #bhf7u7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef74 7#e7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,statutory cap ,the term statutory cap means the maximum number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year under section #bad7;g77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#a77;,b774 #c4 ,returning workers 7a7 ,in general ,section #bad7;g77#i77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;g77#i77;,a77 is amended to read as follows3 7,a7 7i7 ,except as provided in clause 7ii71 and subject to subparagraphs 7,b7 and 7,c71 an alien who has already been counted toward the numerical limitation under paragraph 7#a77;,b7 shall not be counted again toward such limitation during the fiscal year and shall be considered a returning worker4 7ii7 ,an alien who has already been counted toward the numerical limitation under paragraph 7#a77;,b7 shall be counted again toward such limitation if such alien-- 7,i7 departs the ,united ,states for a period longer than #a year2 7,,ii7 was not counted toward such limitation in any of the #c most recent fiscal years2 or 7,,iii7 violated his or her status during the authorized period of stay4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as if enacted on ,january #a1 #bjag4 #d4 ,h-#b;,b temporary non-agricultural work visa program 7a7 ,admission of temporary ,h-#b;,b nonimmigrants ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,b nonimmigrants 7a7 ,definitions ,in this section3 7#a7 ,best information available ,the term best information available1 with respect to determining the prevailing wage for a position1 means-- 7,a7 a controlling collective bargaining agreement that sets wages for work performed by ,h-#b;,b nonimmigrants and in which the employer is a signatory2 7,b7 absent a controlling collective bargaining agreement described in subparagraph 7,a71 the applicable ,federal1 ,state1 or local prevailing wage laws for any time period during which the ,h-#b;,b nonimmigrant performs work on a governmental project for which payment of such wages is required by such laws or ordinances if the employer has signed a contract agreeing to pay such wages on such project2 or 7,c7 absent a controlling collective bargaining agreement described in subparagraph 7,a7 or the performance of work by the ,h-#b;,b nonimmigrant that is governed by a prevailing wage law described in subparagraph 7,b7-- 7i7 the wage level commensurate with the experience1 training1 and supervision required for the job based on ,bureau of ,labor ,statistics data2 or 7ii7 a private wage survey of the wages paid for such positions in the geographic area in which the ,h-#b;,b nonimmigrant will be employed4 7#b7 ,displace ,the term displace means to lay off a ,united ,states worker from a job that is essentially equivalent to the job for which an employer seeks an ,h-#b;,b nonimmigrant4 7#c7 ,essentially equivalent ,a job shall be considered essentially equivalent to another job offered by an employer if the job-- 7,a7 involves the same essential responsibilities as such other job2 7,b7 is held by a ,united ,states worker with substantially equivalent qualifications and experience2 and 7,c7 is located in the same area of employment as the other job4 7#d7 ,full-time ,the term full-time employment means-- 7,a7 #cj or more hours of work per week2 or 7,b7 for any occupation in which a ,state or an established industry practice defines full-time employment as less than #cj hours per week1 the number of weekly work hours established by the ,state or industry4 7#e7 ,h-#b;,b nonimmigrant ,the term ,h-#b;,b nonimmigrant means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77b74 7#f7 ,layoff ,the term layoff means-- 7,a7 to cause a ,united ,states worker's loss of employment before the scheduled cessation of the employer's need1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract 7other than a temporary employment contract entered into in order to evade a condition described in subsection 7b77#c77;,g772 and 7,b7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged1 regardless of whether the employee accepts the offer4 7#g7 ,other temporary service or labor ,the term other temporary service or labor means that an employer's need for particular labor will last-- 7,a7 if peak load or intermittent1 for not more than #a year1 unless it is a one-time occurrence lasting no longer than #c years2 or 7,b7 if the employer's need is seasonal1 for not more than #aj months4 7#h7 ,private wage survey ,the term private wage survey means1 in the case of a petition under subsection 7b71 a survey of wages by an entity other than the ,federal ,government for which-- 7,a7 the data has been collected during the #b-year period immediately preceding the date of the petition2 7,b7 if a published survey1 the survey has been published during the #b-year period immediately preceding the date of the petition2 7,c7 the job description for the position being offered by the employer is similar to the job description for which the survey was conducted2 7,d7 the survey is across industries that employ workers in the job description2 7,e7 the wage determination is based on a weighted or straight average of the relevant wages or the median of relevant wage levels2 and 7,f7 a statistically valid methodology that was used to collect the data is identified4 7#i7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a national of the ,united ,states2 or 7,b7 an alien who is-- 7i7 lawfully admitted for permanent residence2 7ii7 admitted as a refugee under section #bjg2 7iii7 granted asylum under section #bjh2 or 7iv7 is an immigrant otherwise authorized to be employed under this ,act4 7#aj7 ,work period ,the term work period means the time period during which the ,h-#b;,b nonimmigrants will be needed by an employer4 7b7 ,petitions 7#a7 ,requirement for petitions ,an employer seeking to employ an ,h-#b;,b nonimmigrant shall file a petition with the ,secretary of ,homeland ,security in accordance with this subsection4 7#b7 ,contents ,a petition filed under this subsection shall include-- 7,a7 the reason for the employer's need for other temporary service or labor and the full time need for the ,h-#b;,b nonimmigrants and the occupations sought2 7,b7 the number of named and unnamed ,h-#b;,b nonimmigrants the employer is seeking to employ during the work period2 7,c7 the area of employment and worksites of the ,h-#b;,b nonimmigrants1 except that itinerant employers who do not operate in a single fixed-site location1 shall provide a list of work locations that-- 7i7 may include an itinerary anticipated at the time of petitioning2 and 7ii7 may be subsequently amended by the employer1 with notice to the ,secretary2 7,d7 the anticipated work period1 including expected beginning and ending dates and an indication if actual entry or departure will be staggered2 and 7,e7 the written disclosure of employment terms and conditions that the employer chooses to provide to each proposed ,h-#b;,b nonimmigrant before the date on which the ,h-#b;,b nonimmigrant files a visa application4 7#c7 ,attestation ,a petition filed under this subsection shall include an attestation by the employer that-- 7,a7 the employer's need for labor is for other temporary service or labor and for full-time employment2 7,b7 the work period1 the reason for temporary need1 and the anticipated number of positions needed and being requested have been truly and accurately stated in the petition2 7,c7 the employer is offering terms and working conditions normal to ,united ,states workers similarly employed in the area or areas of intended employment2 7,d7 the employer1 not later than the date on which the ,h-#b;,b nonimmigrant presents himself or herself to the consular office1 will provide each ,h-#b;,b nonimmigrant covered by the petition with written disclosure of the terms and conditions of their employment1 including individualized expected dates of entry and departure2 7,e7 the employer-- 7i7 conducted recruitment for ,united ,states workers in accordance with paragraph 7#d7 before filing the petition2 and 7ii7 was unsuccessful in locating sufficient qualified ,united ,states workers for the job opportunity for which the ,h-#b;,b nonimmigrant is sought2 7,f7 7i7 the employer has not collected and will not collect any job placement fee1 payment for any activity related to preparing or filing the petition1 or other compensation from a beneficiary of an ,h-#b;,b petition as a condition of ,h-#b;,b employment or an offer of ,h-#b;,b employment 7other than any ,government-mandated charges1 such as passport1 visa or inspection fees1 or other expenses for which reimbursement is not prohibited by the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq4772 7ii7 the employer has contractually forbidden any agent1 attorney1 facilitator1 recruiter1 or similar employment service from collecting such fees2 and 7iii7 if the employer learns or has reason to know that any agent1 attorney1 facilitator1 recruiter1 or similar employment service has been paid such fees1 the employer will fully reimburse such fees to the ,h-#b;,b nonimmigrant2 7,g7 the employer has not and will not displace any ,united ,states worker employed by the employer as long as an ,h-#b;,b nonimmigrant is employed for a period of #cj days preceding such period in the occupation and at the area of employment set forth in the petition2 and 7,h7 the specific job opportunity that is the subject of the petition is not vacant because the former worker in that job is on strike or locked out in the course of a labor dispute4 7#d7 ,recruitment requirements 7,a7 ,written disclosure 7i7 ,in general ,not later than #fj days before the date on which an employer intends to hire an ,h-#b;,b nonimmigrant1 the employer-- 7,i7 shall submit a written disclosure of the employment terms and conditions for such worker to-- 7aa7 the local office of the ,state workforce agency where the job is located2 or 7bb7 in the case of an itinerant employer1 the local office of the ,state workforce agency where the job is to begin2 and 7,,ii7 shall authorize the posting of such disclosure on the appropriate electronic job registry of the ,department of ,labor for a period of #de days4 7ii7 ,posting by secretary of labor ,the ,secretary of ,labor shall promptly post each such disclosure without requiring the employer to meet any other condition or carry out any other action4 7,b7 ,benefits1 wages1 and working conditions ,for a job opportunity for which an ,h-#b;,b worker is sought1 the employer shall offer any ,united ,states worker applying for such job not less than the same benefits1 wages1 and working conditions that the employer is offering1 intends to offer1 or will provide to an ,h-#b;,b nonimmigrant4 ,the job offer may not impose on any ,united ,states worker any restrictions or obligations which will not be imposed on the employer's ,h-#b;,b nonimmigrants4 7,c7 ,job offers ,unless the employer has a lawful1 job-related reason not to do so1 the employer shall offer the job for which an ,h-#b;,b nonimmigrant is sought to any eligible ,united ,states worker who-- 7i7 applies2 7ii7 is qualified for the job2 and 7iii7 will be available at the time and place and for the duration of need4 7,d7 ,records ,the employer shall keep a record of all eligible1 able1 willing1 and qualified ,united ,states workers who apply for employment with the employer for the job for which an ,h-#b;,b nonimmigrant is sought4 7,e7 ,savings provision ,h-#b;,b employers may not be required to file an interstate job order under sections #fee4af and #fee4ah of title #bj1 ,code of ,federal ,regulations4 7c7 ,housing and other facilities 7#a7 ,in general ,an employer is not required to provide housing1 a housing allowance1 or other facilities to an ,h-#b;,b nonimmigrant4 7#b7 ,wage deduction ,if an employer does provide housing1 a housing allowance1 or other facilities to an ,h-#b;,b nonimmigrant1 the employer may take a wage deduction or credit toward satisfying the responsibility to pay prescribed wages in an amount that is equal to the fair value of such housing or other facility in accordance with the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 or other applicable law4 7#c7 ,locating housing ,if an employer does not provide housing to ,h-#b;,b nonimmigrants1 the employer shall make reasonable efforts to assist the ,h-#b;,b nonimmigrants to locate appropriate housing4 7d7 ,wages ,h-#b;,b nonimmigrants shall be paid wages that are not less than the greater of-- 7#a7 the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location2 7#b7 the applicable ,federal1 ,state1 or local minimum wage2 or 7#c7 the prevailing wage level for the job description of the position in the geographic area in which the ,h-#b;,b nonimmigrant will be employed1 based on the best information available at the time of filing the petition4 7e7 ,transportation 7#a7 ,transportation to the place of employment ,not later than the date on which an ,h-#b;,b nonimmigrant completes #ej percent of the work period set forth in the petition1 the employer shall reimburse the ,h-#b;,b nonimmigrant for the cost of transportation for that ,h-#b;,b nonimmigrant from the ,united ,states consulate that issued the visa to the ,h-#b;,b nonimmigrant1 or the previous worksite in the ,united ,states1 if any1 to the place of employment of such ,h-#b;,b nonimmigrant1 unless the ,h-#b;,b nonimmigrant has been previously reimbursed by another employer4 ,the amount of reimbursement under this paragraph shall be not more than the cost incurred through the most economical and reasonable common carrier1 and shall include documented and reasonable subsistence costs during the period of travel4 7#b7 ,transportation from the place of employment ,if an ,h-#b;,b nonimmigrant completes the work period set forth in the petition for an employer1 and is not traveling to another worksite in the ,united ,states1 the employer1 not later than the time the ,h-#b;,b nonimmigrant departs from the worksite1 shall pay for the cost of transportation for that ,h-#b;,b nonimmigrant1 from the place of employment to the ,united ,states consulate that issued the visa to the ,h-#b;,b nonimmigrant4 ,the cost required to be paid under this paragraph shall be not more than the cost incurred through the most economical and reasonable common carrier1 and shall include reasonable subsistence costs during the period of travel4 7#c7 ,no obligation to provide transportation costs ,notwithstanding any other provision of law1 an employer shall have no obligation to provide or reimburse any transportation-related costs incurred by an alien seeking to be an ,h-#b;,b nonimmigrant between the such alien's home and the consulate or embassy and between the consulate or embassy and such alien's home4 7f7 ,reporting absconding workers 7#a7 ,requirement to notify ,an employer shall notify the ,secretary of ,homeland ,security not later than #b work days after-- 7,a7 an ,h-#b;,b nonimmigrant fails to report for work within #e work days after the employee's expected start date1 as stated on the petition1 or the reasonably anticipated start date in the event of exigent circumstances2 7,b7 the labor or services for which the ,h-#b;,b nonimmigrant was hired is completed more than #cj days early2 or 7,c7 the employer discovers that an ,h-#b;,b nonimmigrant has absconded from the worksite by failing to report for work at the regularly scheduled time for #e consecutive working days without the consent of the employer4 7#b7 ,replacement workers ,notwithstanding the numerical limitation under section #bad7;g77#a77;,b71 if an employer notifies the ,secretary of ,homeland ,security of a situation described in subparagraph 7,a7 or 7,c7 of paragraph 7#a71 the ,secretary shall promptly notify the ,secretary of ,state1 who shall make available to the employer #a additional visa for the employer to hire a replacement ,h-#b;,b nonimmigrant for the same job opportunity1 without filing an additional petition1 for each ,h-#b;,b nonimmigrant who fails to report to work or who absconds from work4 7g7 ,admission of an ,h-#b;,b nonimmigrant ,an ,h-#b;,b nonimmigrant is authorized to be admitted to the ,united ,states during the period beginning #aj days before the first day of the validity period and ending #aj days after the last day of the validity period4 ,an ,h-#b;,b nonimmigrant is not authorized to be employed except during the work period set forth in the petition4 7h7 ,limitation on an ,h-#b;,b nonimmigrant's stay in status ,an ,h-#b;,b nonimmigrant who was present in the ,united ,states for #c years under subparagraph 7,h7 of section #aja7;a77#ae7 may not seek extension of stay1 change of status1 or be readmitted to the ,united ,states pursuant to such subparagraph unless the alien has resided and been physically present outside the ,united ,states for the immediately preceding #c months4 ,this limitation shall not apply to aliens who did not reside continually in the ,united ,states for #c years and whose employment in the ,united ,states was seasonal or intermittent or was for an aggregate of #f months or less per year4 7i7 ,flexibility with respect to crossing of ,h-#b;,b nonimmigrants 7#a7 ,in general ,subject to paragraph 7#b71 if an employer files a petition for ,h-#b;,b nonimmigrants and that petition is granted1 the employer may bring the ,h-#b;,b nonimmigrants for which the petition was granted into the ,united ,states at any time during the #abj-;day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition4 7#b7 ,requirements for crossings after #ijth day ,an employer may not bring ,h-#b;,b nonimmigrants into the ,united ,states under paragraph 7#a7 after the date that is #ij days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer-- 7,a7 completes a new assessment of the local labor market by-- 7i7 publishing notice of the job offer in a local newspaper in not less than #b ,sunday editions of such newspaper2 and 7ii7 posting the job opportunity on the appropriate electronic job registry of the ,department of ,labor pursuant to subsection 7b77#d77;,a7 and at the employer's place of employment2 and 7,b7 offers the job to an equally or better qualified ,united ,states worker who will be available at the time and place and for the duration of need and who applies for the job4 7#c7 ,exemption from rules with respect to staggering ,the ,secretary of ,homeland ,security shall not consider an employer who brings ,h-#b;,b nonimmigrants into the ,united ,states during the #abj-;day period specified in paragraph 7#a7 to be staggering the date of need in violation of any applicable provision of law4 4 7b7 ,table of contents amendment ,the table of contents of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,b nonimmigrants4 4 #e4 ,processing of ,h-#b;,b visa petitions by the ,department of ,homeland ,security 7a7 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,labor1 shall issue regulations that establish the necessary procedures for processing visa petitions for ,h-#b;,b nonimmigrants in accordance with the provisions of this ,act and the amendments made by this ,act4 ,the ,secretary shall have exclusive authority1 which may not be delegated outside the ,department of ,homeland ,security1 to issue rules and final determinations with respect to the visa program for ,h-#b;,b nonimmigrants4 7b7 ,acceptance of petitions 7#a7 ,in general ,not later than #e business days after the date an employer files a premium processing petition and not later than #ae business days after the date an employer files any other petition for an ,h-#b;,b nonimmigrant1 the ,secretary shall-- 7,a7 review the petition and make a prima facie determination as to whether the petition is potentially approvable1 which shall be based on whether-- 7i7 the employer has established the need for non-agricultural services or labor to be performed is temporary in nature2 7ii7 the number of workers being requested is justified2 7iii7 the employer has made the attestations required under section #bah;,a of the ,immigration and ,nationality ,act1 as added by section #d7;a72 and 7iv7 the employer has complied with-- 7,i7 all of the requirements under such section #bah;,a2 7,,ii7 other provisions of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 and 7,,iii7 this ,act2 7,b7 submit to the petitioner notice of acceptance or nonacceptance of the petition using electronic or other means assuring expedited delivery2 and 7,c7 if the petition is accepted1 submit to the relevant ,united ,states consulate notice of acceptance of the petition using electronic or other means assuring expedited delivery if the petitioner has indicated that the alien beneficiaries will apply for ,united ,states visas at such consulate4 7#b7 ,prohibition on certain reductions ,the ,secretary may not reduce the number of positions an employer will receive pursuant to a petition that the ,secretary accepts pursuant to this subsection because the employer hires or offers employment to a ,united ,states worker for the position before the date on which the employer indicated in the petition that workers were needed to begin work4 7#c7 ,conditional approval ,once the ,secretary determines that a sufficient number of petitions for ,h-#b;,b nonimmigrants have been received to result in a likely fulfillment of the statutory cap1 the ,secretary shall continue to receive such petitions for that fiscal year and issue conditional approvals1 unless the beneficiaries for visas for ,h-#b;,b nonimmigrants are not subject to the statutory cap1 in which event the ,secretary will issue final approval4 7#d7 ,assessment of issued visas ,the ,secretary shall consult with the ,secretary of ,state and continually report the number of visas actually issued to ,h-#b;,b nonimmigrants at ,united ,states embassies and consulate offices to determine if the employers that received conditional approval under paragraph 7#c7 may be issued final approvals4 7#e7 ,final approval 7,a7 ,in general ,final approvals shall be issued in the order in which the petitions were conditionally approved4 7,b7 ,refund of fees ,the ,secretary shall refund any fee submitted for a premium processing petition for a fiscal year that was submitted after the date the ,secretary determines that the statutory cap has been met for that fiscal year4 #f4 ,coordination between the ,department of ,homeland ,security and the ,department of ,state 7a7 ,electronic notification ,the ,secretary shall consult with the ,secretary of ,state to develop an electronic notification system to notify the ,department of ,state not later than #dh hours after the final approval of a petition for an ,h-#b;,b nonimmigrant4 ,each such notification shall include information indicating whether the ,h-#b;,b nonimmigrant is subject to the statutory cap1 whether the ,h-#b;,b nonimmigrant has previously entered the ,united ,states under ,h-#b;,b nonimmigrant visa status1 as well as any relevant biographic information included in the employer's petition for each approved worker4 7b7 ,weekly report ,the ,secretary of ,state shall submit a weekly report to the ,secretary that includes-- 7#a7 the total number of ,h-#b;,b nonimmigrant visas issued during the past week and during the fiscal year to date2 7#b7 of such visas1 the total number of visas that were exempt from the statutory cap2 and 7#c7 all relevant information regarding the identity of the beneficiary who was issued an ,h-#b;,b nonimmigrant visa4 7c7 ,waiver of interviews for returning workers ,the ,secretary of ,state may waive the in-person visa interview requirement for an individual applying for an ,h-#b;,b nonimmigrant visa who previously traveled to the ,united ,states on ,h-#b;,b nonimmigrant visa status4 #g4 ,transparency measures ,the ,secretary shall update weekly and make publically available on the website of the ,department of ,homeland ,security-- 7#a7 five years of historical data of ,h-#b;,b nonimmigrant petitions received and approved and the number of visas for ,h-#b;,b nonimmigrants that were not subject to the statutory cap2 7#b7 the annual target number of beneficiaries to be issued visas as ,h-#b;,b nonimmigrants for the fiscal year2 7#c7 the number of petitions for ,h-#b;,b nonimmigrants approved by the ,department in each half of the fiscal year1 including the aggregated number of beneficiaries contained in the approved petitions2 7#d7 the number of petitions pending approval or denial by the ,secretary2 7#e7 the number of visas that are not exempt from the statutory cap issued by the ,secretary of ,state2 7#f7 disclosure of the methodology and raw data used to determine when the statutory cap has been reached1 including notification whenever the methodology to make this determination changes at any time during the fiscal year2 and 7#g7 the number of petitions for ,h-#b;,b nonimmigrants that have received conditional approval once the statutory cap has been met1 including the aggregated number of beneficiaries contained in the conditionally approved petitions4 #h4 ,,gao ,reports 7a7 ,report on methodology for statutory cap 7#a7 ,in general ,not later than #f months after the date on which the ,secretary issues regulations to carry out this ,act and the amendments made by this ,act1 the ,comptroller ,general of the ,united ,states shall publish a report that describes the methodology used by the ,secretary to determine that the statutory cap for ,h-#b;,b nonimmigrants is met and the accuracy of such methodology4 7#b7 ,content ,the report required under paragraph 7#a7 shall include an assessment of-- 7,a7 the efficiencies and inefficiencies in the processing and approval of petitions for ,h-#b;,b nonimmigrants2 and 7,b7 the effectiveness of data sharing between the ,secretary and the ,secretary of ,state4 7b7 ,assessment ,not later than four years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress an assessment of the effect of the amendment made by section #c7;a7 on the domestic workforce1 including data to indicate any relationship between an increase of ,h-#b;,b nonimmigrants and changes in domestic employment or earnings4 #i4 ,rule of construction ,the benefits and wages provided to an ,h-#b;,b nonimmigrant1 the services an ,h-#b;,b nonimmigrant provides to the employer1 the employment opportunities afforded to an ,h-#b;,b nonimmigrant by the employer1 including those employment opportunities that require a ,united ,states worker or an ,h-#b;,b nonimmigrant to travel or relocate in order to accept or perform employment1 and other terms or conditions of the employment of an ,h-#b;,b nonimmigrant provided for under this ,act1 or the amendments made by this ,act1 are not primarily for the benefit of either the ,h-#b;,b nonimmigrant or the employer and are for the equal mutual benefit for the ,h-#b;,b worker and the employer4